8 YEAR RULE

[CuriousC]

Hello Everyone,

I am a foreign student who came to the UK in September 2008, deferred my admission for a year and then resumed in 2009. I completed my BSC in 2012 and started my MRes in March 2013 and I completed it in May, 2015.
I have since left the UK and I am looking to commence my PhD in the Uk from January. I have secured admission at a UK university but I am having problems securing a CAS as the University Admissions are suggesting that my required visa will be lead to an extension beyond the 8 year rule. I have read para.104 and the subsequent paragraphs and I would like to ask a few questions:
a) Having spent about 7 years in the UK, will the fact that I have been outside the UK for over 180 days not amount to a break in my 8 year calculation or does it run continuously?
b) Does this rule then exclude me from ever studying for a PhD in the UK?

I am at a loss as to waht to do and would like to seek some useful insight on how to go about this issue.

Sol

[sah10406]

Where were you from September 2008 to September 2009?

[CuriousC]

Hi,
Between September 2008 and 2009, I was in the UK and taking an Open University course. There were no restrictions or sponsorship conditions for deferment at the time so I wasn't in breach of any regulation. More so, I have also had two subsequent successful applications after then for my MRes programme, so that prohibits the UKVI from using my deferment as a ground for refusal. The guideline document expressly stops that.

Thanks

[sah10406]

Having completed the MRes, any new application is subject to the 8 year cap. See immigration rule 245ZV(gb), and Tier 4 Policy Guidance, para 104 and Annex 5. Your sponsor will be looking at the Tier 4 Sponsor Guidance, Document 2: Sponsorship Duties, para 5.44, which confirms the same.

Since you have spent 7 years in the UK on student and Tier 4 visas for degree level study, you could therefore only be sponsored for a maximum 1 more year. This does not appear to be enough time to complete a PhD, hence the sponsor refusing the CAS.

[CuriousC]

Hi,

Thanks a lot. I guess that means that I cannot ever return to the UK for a PhD programme.

Will have to explore other options.

Thanks a lot,

S