ILR OR TIER 4 APPLICATION?

[sisieko]

A friend came into the UK in Sept 2002 with a student visa. She has since been studying but has now been cut by the 5years limitation on the Tier 4 visa where no further leave will be granted under Tier 4 if the applicant's total time as a student has exceeded 5 years and her university has refused to give her a CAS. Her current Student visa expires on the 23.5.2012.
Now she qualifies for ILR Sept 2012 should she apply for ILR or an extension under Tier 4 even though she does not have a CAS fom her university?
Please help.

[linkers]

It’s too early for her to apply for ILR now. She needs to find a way of completing the remaining time lawfully in UK in another category first.

[sisieko]

It’s too early for her to apply for ILR now. She needs to find a way of completing the remaining time lawfully in UK in another category first.

Thanks for your reply Linkers. She has checked and does not qualify for an extension under any category. Do you think there is a category she can apply under before the 10years continuous residence is reached?

[linkers]

It’s very hard to say that. A lot of categories like Tier-1 General and PSW have already been closed and she might not have enough time for Tier-2 visa.

[sisieko]

Thanks Linkers.

So what happens? Is she expected to pack up and go? After investing so much time and money in getting an education?

[linkers]

Also see the limit to which one can extend the student visa. If she doesn't meet the requirments, then it might be a problem.

[quantum1]

A friend came into the UK in Sept 2002 with a student visa. She has since been studying but has now been cut by the 5years limitation on the Tier 4 visa where no further leave will be granted under Tier 4 if the applicant's total time as a student has exceeded 5 years and her university has refused to give her a CAS. Her current Student visa expires on the 23.5.2012.
Now she qualifies for ILR Sept 2012 should she apply for ILR or an extension under Tier 4 even though she does not have a CAS fom her university?
Please help.

Has your friend completed their last course? Time is the essence here as from what I gather your friend's leave expires in 2 days. While an application without a CAS will not be succesful, it will give your friend breathing space to research other options, and it will be possible to vary the application when a better option becomes available.

[sisieko]

Thanks Quantum1. She is in her second year and due to complete her degree in 2013.

[geriatrix]

She is in her second year and due to complete her degree in 2013.

Why was she not granted enough leave to complete her current course, when she applied for leave to remain 2 years ago on the basis of undertaking this course?

[Loveislovely]

A friend came into the UK in Sept 2002 with a student visa. She has since been studying but has now been cut by the 5years limitation on the Tier 4 visa where no further leave will be granted under Tier 4 if the applicant's total time as a student has exceeded 5 years and her university has refused to give her a CAS. Her current Student visa expires on the 23.5.2012.
Now she qualifies for ILR Sept 2012 should she apply for ILR or an extension under Tier 4 even though she does not have a CAS fom her university?
Please help.

Hi Sisieko!

I am shocked that the uni did not give your friend a chance to apply for cas, I have been a student since 2002 also, I have reached my 10th year and awaiting my ILR, but there are a lot of students at my college, with their visa expiring, they have applied for cas and receive it, I am afraid your friend do not have much time, this 5 year thing does not apply to those who have been here and studying, it applies to new students, if your friend had done course work and can prove it, I think they can try enroling in another institution, who may be willing to help. Good luck....

Loveislovely

[sisieko]

Thanks Sushdmetta.

She switched courses.
She had extenuating circumstances that stopped her from progressing with her LLB after her first year and was stopped from registering in her second year. In the mean time, she started a masters programme in the same university and applied for leave to remain using her masters and was granted leave to remain until the end of the masters course.
She was able to join the LLB course again in October 2012 at the end of her masters and her current leave to remain expires in two days.

[Greenie]

A friend came into the UK in Sept 2002 with a student visa. She has since been studying but has now been cut by the 5years limitation on the Tier 4 visa where no further leave will be granted under Tier 4 if the applicant's total time as a student has exceeded 5 years and her university has refused to give her a CAS. Her current Student visa expires on the 23.5.2012.
Now she qualifies for ILR Sept 2012 should she apply for ILR or an extension under Tier 4 even though she does not have a CAS fom her university?
Please help.

Hi Sisieko!

I am shocked that the uni did not give your friend a chance to apply for cas, I have been a student since 2002 also, I have reached my 10th year and awaiting my ILR, but there are a lot of students at my college, with their visa expiring, they have applied for cas and receive it, I am afraid your friend do not have much time, this 5 year thing does not apply to those who have been here and studying, it applies to new students, if your friend had done course work and can prove it, I think they can try enroling in another institution, who may be willing to help. Good luck....

Loveislovely

The new 5 year limit on degree level study does not apply only to new students. The limit includes time spent on tier 4 and on pre-tier 4 student leave, and applies equally to new student as it does those who have already spent time here studying. See 245ZX(ha)

[Greenie]

Thanks Sushdmetta.

She switched courses.
She had extenuating circumstances that stopped her from progressing with her LLB after her first year and was stopped from registering in her second year. In the mean time, she started a masters programme in the same university and applied for leave to remain using her masters and was granted leave to remain until the end of the masters course.
She was able to join the LLB course again in October 2012 at the end of her masters and her current leave to remain expires in two days.

what is the actual reason the university have given for refusing to give her a CAS. Is it due to the 5 year limit, or is it due to the fact that having completed a masters, she would not be making academic progression by going back down to study a bachelor's degree? Or is it to do with the fact that she cannot apply in country for a course starting in October when her leave expires in May (she can't apply more than 3 months before the course starts, and she can't apply for leave to remain to study a new course that starts more than one month after her curent leave expires. Nothwitstanding the 5 year limit she would also be caught out by the above two clauses.

[sisieko]

Thanks Sushdmetta.

She switched courses.
She had extenuating circumstances that stopped her from progressing with her LLB after her first year and was stopped from registering in her second year. In the mean time, she started a masters programme in the same university and applied for leave to remain using her masters and was granted leave to remain until the end of the masters course.
She was able to join the LLB course again in October 2012 at the end of her masters and her current leave to remain expires in two days.

what is the actual reason the university have given for refusing to give her a CAS. Is it due to the 5 year limit, or is it due to the fact that having completed a masters, she would not be making academic progression by going back down to study a bachelor's degree? Or is it to do with the fact that she cannot apply in country for a course starting in October when her leave expires in May (she can't apply more than 3 months before the course starts, and she can't apply for leave to remain to study a new course that starts more than one month after her curent leave expires. Nothwitstanding the 5 year limit she would also be caught out by the above two clauses.

Thanks Greenie.
The uni has refused to give her a CAS because of the 5 year limit not because she is not showing academic progression. They stopped her from continuing with her Law degree after one year and they let her back on when she successfuly won an appeal. She only had to do a masters in between because she was on a student visa and could not let it go to waste because her university was being difficult.

[Greenie]

well even if they did issue her a CAS (which they can refuse to do due to the 5 year limit) they would need to justify the academic progression which would be difficult in these circumstances, and in addition, as already explained she would not be able to make a successful application now because

a) the start date of her course is more than 3 months away
b) the start date of her course is more than 1 month after the end date of her current leave.

[sisieko]

well even if they did issue her a CAS (which they can refuse to do due to the 5 year limit) they would need to justify the academic progression which would be difficult in these circumstances, and in addition, as already explained she would not be able to make a successful application now because

a) the start date of her course is more than 3 months away
b) the start date of her course is more than 1 month after the end date of her current leave.

Thanks Greenie but I don't think you follow.
She is currently in her second year LLB and hopes to finish in 2013. She is not applying to start a new course and there is no gap between courses.

[Greenie]

well even if they did issue her a CAS (which they can refuse to do due to the 5 year limit) they would need to justify the academic progression which would be difficult in these circumstances, and in addition, as already explained she would not be able to make a successful application now because

a) the start date of her course is more than 3 months away
b) the start date of her course is more than 1 month after the end date of her current leave.

Thanks Greenie but I don't think you follow.
She is currently in her second year LLB and hopes to finish in 2013. She is not applying to start a new course and there is no gap between courses.

Is she currently studying on the LLB or is she due to restart the course in october 2012 (having intermitted from that course and in the meantime undertaken a master's degree?)

[sisieko]

well even if they did issue her a CAS (which they can refuse to do due to the 5 year limit) they would need to justify the academic progression which would be difficult in these circumstances, and in addition, as already explained she would not be able to make a successful application now because

a) the start date of her course is more than 3 months away
b) the start date of her course is more than 1 month after the end date of her current leave.

Thanks Greenie but I don't think you follow.
She is currently in her second year LLB and hopes to finish in 2013. She is not applying to start a new course and there is no gap between courses.

Is she currently studying on the LLB or is she due to restart the course in october 2012 (having intermitted from that course and in the meantime undertaken a master's degree?)

She is currently studying LLB and in her second year.

[Greenie]

Thanks Sushdmetta.

She switched courses.
She had extenuating circumstances that stopped her from progressing with her LLB after her first year and was stopped from registering in her second year. In the mean time, she started a masters programme in the same university and applied for leave to remain using her masters and was granted leave to remain until the end of the masters course.
She was able to join the LLB course again in October 2012 at the end of her masters and her current leave to remain expires in two days.

why did you say this?

[sisieko]

Thanks Sushdmetta.

She switched courses.
She had extenuating circumstances that stopped her from progressing with her LLB after her first year and was stopped from registering in her second year. In the mean time, she started a masters programme in the same university and applied for leave to remain using her masters and was granted leave to remain until the end of the masters course.
She was able to join the LLB course again in October 2012 at the end of her masters and her current leave to remain expires in two days.

why did you say this?

Sorry misquote. That should have been Oct 2011.

[Greenie]

Always helpful if you ensure the information you post is correct if you want correct advice.

regardless, if she has spent 5 years studying at degree level then the university is entitled to refuse to issue her a CAS.

[sisieko]

Always helpful if you ensure the information you post is correct if you want correct advice.

regardless, if she has spent 5 years studying at degree level then the university is entitled to refuse to issue her a CAS.

Thank you very much Greenie. Mistakes do happen.
It is clear that she really can't do much about the Uni refusing to give her a CAS but the question is should she apply for a TIER 4 visa explaining the situation or should she apply for ILR given that she has 3mths to qualify?

[Greenie]

if she doesn't have a CAS then her application will be rejected as invalid (and if not it will be refused).

I would suggest she seeks help from an immigraion advisor/solicitor on her options