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These are questions for your university. It is they who need to decide whether they can sponsor you for a Tier 4 visa, or whether the 5-year cap prevents it. Normally the whole period of your student leave is counted, whether you were physically in the UK or not. I do think you need to be prepared for bad news, sorry.HelloKay88 wrote: ↑Thu Sep 13, 2018 8:26 amAnother question I have is, I was ill during my 3rd year and needed to return to Canada for a surgery. I was granted a year leave of absence in Jan 2003 so I returned in 2004 Jan to finish the course. On my certificate it says I finished the course in 2004 which makes it look like it's a 4 years course and that I have stayed for 4 years, when in fact I was out of UK between Jan 2003 - Jan 2004. Would home office still count my 1 year out towards the 5 years cap? I noted that there is "compassionate ground", what kind of documents shall I use to prove the 1 year leave of absence? Would a letter from my uni be good?
I think you might have an outdated idea of the roles of the Home Office and of your university in all this. I can only urge you again to engage with your Tier 4 sponsor university, not the Home Office.HelloKay88 wrote: ↑Thu Sep 13, 2018 10:14 amI had two surgeries and can provide evidence and doctor's letter to explain why I needed to take a year out. Will this help?
Can the home office consider my BA as a 4 year course even though it's 3 years?
Is there someone I can talk to from Home Office to confirm?
You are welcome but I am not an applicant, I am an adviser and trainer in Higher Education.
See my specific comments below.
See page 111. of the current version of this guidance atHelloKay88 wrote: ↑Thu Sep 13, 2018 6:52 pm"I took temporary withdrawal for a year, will this be included in my study calculation?"
It is unclear whether the Home Office will include periods of temporary withdrawal (TWD) in their study calculations. The Home Office modernised guidance for caseworkers (v.17.0 17/Jan/2014) states that they must consider the full course period when calculating the duration of study unless there are interruptions to study where‘compelling and compassionate circumstances’ (for example, serious illness or disability)’ may need to be taken into account.
Who is writing this rubbish? When someone's Tier 4 leave is curtailed, it is cancelled from a specific date. After that date there is no leave to count. The clock stops because the leave has ended. However, your pre-Tier 4 student leave was apparently not curtailed because you were able to use it to return to the UK after your interruption. I don't believe pre-Tier 4 student was ever curtailed, but that is definitely a question for the immigration compliance person at the university.
Impossible for me to know what your university is looking for. They may have existing policies about how to evaluate a potential compelling or compassionate scenario. You need to liaise with the immigration compliance person, or sometimes the international student adviser, about whether you have a chance for a CAS. I don't think it would be the Registrar, but it's possible they may make the decision at that university.
No. The cap can be extended to 5 years and 11 months for any student in one of the situations laid out in paragraph 119 of the Tier 4 Policy Guidance:
It is confusing because for some reason you stopped reading in the middle of a sentence! It saysHelloKay88 wrote: ↑Mon Sep 17, 2018 2:33 pmAccording to Section 119, it says "unless the application is to study a new course, or complete a current course, within either 6 months of the time limit being reach, and 1) below applies or 11 months of the time limit being reached..."
I'm quite confused by the wording..
What does it mean by within EITHER 6 months of the time limit being reach or 11 months?
You need to add together your previous student leave that will be counted, plus your future Tier 4 leave for the new course. If it comes to less than 5 years 11 months, and comes to a maximum of 5 academic years, and the university comes up with the same calculation, they can sponsor you.
It isn't, but it is not at all common for someone who had pre-Tier 4 leave to be making a new Tier 4 application. Hence the university's immigration compliance person needs to seek advice from their Premium Account Manager at the Home Office on how to count your leave, and specifically how to quantify your time away from the course but with valid student leave. You now need to wait for their decision.
The length of the course, plus whatever extra periods will be added before and after. The +4 or +2 months is standard, depending on the length of the course.
Yes, if the CAS allows it. Again, a question for the sponsor.
Sorry I don't know specifics of applying in specific countries.