Need urgent advise re academic progression & length of v

[niks1111]

Hello everyone,
I am writing this on behalf of a friend who need bit of help with her visa issue.
She is an international student and has been in UK for almost 9 years (in December 2013 it will be 9 year). She has just completed her MBA from reputed university and is awaiting her result which is due in couple of weeks time. Her current Tier 4 student visa is expiring in September 2013.

Her immigration history: She came to UK as a student and completed her Bachelors degree then applied for the Post Study Work Visa --2 years and then joined the MBA programme which is currently at the end.
She would like to further do research based masters degree from a university.
As far as I know, this brings up 2 major problems while extending her visa under Tier 4.

1. Academic progression
Quoting Point 68 of Tier 4 Migrant Guidance:
68. In order for your new course to represent academic progress from your previous studies, it must:
• be above the level of your previous course for which you were granted leave as a Tier 4 (General) Student or as a Student, or
• involve further study at the same level, which your Tier 4 Sponsor confirms that it complements your previous course for which you were granted leave as a Tier 4 (General) Student or as a Student, for example, you may be moving from a taught masters degree to an MBA or research-based masters degree.

So if she applies for the courses such as MA in Human Resource (which she is interested in) or any relevant Msc courses, I believe this course will complement her previous course (MBA) for which she was granted student visa, this as per the Point 68 of Tier 4 Migrant Guidance, this represent academic progress from my previous studies and as such my prospective Tier 4 sponsor will be able to issue me with a CAS for my new course.
What I like to know, is all assumption I have made here correct? If this course she wants to take is not eligible what should she be studying?

2. Length a Tier 4 Student come to UK for?
Quoting relevant section of Point 105 of Tier 4 Migrant Guidance
105. The time that you can spend studying at or above degree level is limited to five years unless:
• you are studying for a Master’s degree at a Recognised Body or at a HEI, following completion of an undergraduate degree where the duration of that degree course was four or five academic years. If this applies to you, the limit will be set at six years in total instead of five.
• you are studying an acceptable Post-Graduate research qualification which is listed in Annex 6 of this guidance and is being studied at and awarded by a Recognised Body or an HEI. If by the time you complete that Post-Graduate Research qualification, the time you have spent studying in the UK at or above degree level exceeds eight years, then we will not grant you any further leave in this category.
• you are on the Doctorate Extension Scheme.

She entered into UK on a STUDENT VISA on Dec 2004, before the introduction of Tier 4 General student Point based system. So if i am correct, then the 5 year limit to the degree programme / 8 year limit for doing acceptable post graduate research programme will only apply to her after she applied for the Tier 4 student visa and not while she was on the previous Student visa before the tier 4 was introduced. As such, she applied for tier 4 only on March 2009 for a year then went on to PSW (Post study work visa) for 2 years on Feb 2010 and then again back to tier 4 visa on Feb 2012 and hence has only been on Tier 4 Student Visa for 2.5 years.
Her VISA history is given below:

Student Visa : Dec 2004- March 2009
Tier 4 Student Visa: March 2009-Feb 2010
Post Study Work Visa: Feb 2010- Feb 2012
Tier 4 Student Visa: Feb 2012- Sept 2013

I have consulted with few people and this is what I am assuming regarding the total length a student can be on Tier 4 Visa. Please correct me if I am mistaken or if there is anything that needs consideration.


Finally, I want your opinion on the two cases I have mentioned above and also any relevant recommendation you have for her. Any responses will be highly appreciated. If there is any query please let me know.

Thank you

Regards
niks

[sheraz7]

Your query itself has answer in it. Since your friend has already spent 7 years out of 9 years on student which means for studying Masters degree your friend has already consumed such time. Therefore, PHD would be adequate.

[niks1111]

Your query itself has answer in it. Since your friend has already spent 7 years out of 9 years on student which means for studying Masters degree your friend has already consumed such time. Therefore, PHD would be adequate.

I am sorry but I don't get you!!!

[sheraz7]

PHD would be adequate.

[ahmad0044]

Since, she has spend almost 7 years on Student visa ( It does not make any difference tier 4 or old student visa before or after 31 march 2009), she has only one option left which is studying at an Mphil course as it is a 1 year course and it will be under 8 years limit.

she can not go for PhD as the course would be atleast 3-4 years which means she will exceed her 8 years limit. They will not issue you visa as you have exceeded the no of years on student visa.

SHe can not study the course you have mention (MA ) as it is not listed in ANNEX 6.

Hope this helps!

Hello everyone,
I am writing this on behalf of a friend who need bit of help with her visa issue.
She is an international student and has been in UK for almost 9 years (in December 2013 it will be 9 year). She has just completed her MBA from reputed university and is awaiting her result which is due in couple of weeks time. Her current Tier 4 student visa is expiring in September 2013.

Her immigration history: She came to UK as a student and completed her Bachelors degree then applied for the Post Study Work Visa --2 years and then joined the MBA programme which is currently at the end.
She would like to further do research based masters degree from a university.
As far as I know, this brings up 2 major problems while extending her visa under Tier 4.

1. Academic progression
Quoting Point 68 of Tier 4 Migrant Guidance:
68. In order for your new course to represent academic progress from your previous studies, it must:
• be above the level of your previous course for which you were granted leave as a Tier 4 (General) Student or as a Student, or
• involve further study at the same level, which your Tier 4 Sponsor confirms that it complements your previous course for which you were granted leave as a Tier 4 (General) Student or as a Student, for example, you may be moving from a taught masters degree to an MBA or research-based masters degree.

So if she applies for the courses such as MA in Human Resource (which she is interested in) or any relevant Msc courses, I believe this course will complement her previous course (MBA) for which she was granted student visa, this as per the Point 68 of Tier 4 Migrant Guidance, this represent academic progress from my previous studies and as such my prospective Tier 4 sponsor will be able to issue me with a CAS for my new course.
What I like to know, is all assumption I have made here correct? If this course she wants to take is not eligible what should she be studying?

2. Length a Tier 4 Student come to UK for?
Quoting relevant section of Point 105 of Tier 4 Migrant Guidance
105. The time that you can spend studying at or above degree level is limited to five years unless:
• you are studying for a Master’s degree at a Recognised Body or at a HEI, following completion of an undergraduate degree where the duration of that degree course was four or five academic years. If this applies to you, the limit will be set at six years in total instead of five.
• you are studying an acceptable Post-Graduate research qualification which is listed in Annex 6 of this guidance and is being studied at and awarded by a Recognised Body or an HEI. If by the time you complete that Post-Graduate Research qualification, the time you have spent studying in the UK at or above degree level exceeds eight years, then we will not grant you any further leave in this category.
• you are on the Doctorate Extension Scheme.

She entered into UK on a STUDENT VISA on Dec 2004, before the introduction of Tier 4 General student Point based system. So if i am correct, then the 5 year limit to the degree programme / 8 year limit for doing acceptable post graduate research programme will only apply to her after she applied for the Tier 4 student visa and not while she was on the previous Student visa before the tier 4 was introduced. As such, she applied for tier 4 only on March 2009 for a year then went on to PSW (Post study work visa) for 2 years on Feb 2010 and then again back to tier 4 visa on Feb 2012 and hence has only been on Tier 4 Student Visa for 2.5 years.
Her VISA history is given below:

Student Visa : Dec 2004- March 2009
Tier 4 Student Visa: March 2009-Feb 2010
Post Study Work Visa: Feb 2010- Feb 2012
Tier 4 Student Visa: Feb 2012- Sept 2013

I have consulted with few people and this is what I am assuming regarding the total length a student can be on Tier 4 Visa. Please correct me if I am mistaken or if there is anything that needs consideration.


Finally, I want your opinion on the two cases I have mentioned above and also any relevant recommendation you have for her. Any responses will be highly appreciated. If there is any query please let me know.

Thank you

Regards
niks

[niks1111]

Since, she has spend almost 7 years on Student visa ( It does not make any difference tier 4 or old student visa before or after 31 march 2009), she has only one option left which is studying at an Mphil course as it is a 1 year course and it will be under 8 years limit.

she can not go for PhD as the course would be atleast 3-4 years which means she will exceed her 8 years limit. They will not issue you visa as you have exceeded the no of years on student visa.

SHe can not study the course you have mention (MA ) as it is not listed in ANNEX 6.

Hope this helps!

THanx.

Hello everyone,
I am writing this on behalf of a friend who need bit of help with her visa issue.
She is an international student and has been in UK for almost 9 years (in December 2013 it will be 9 year). She has just completed her MBA from reputed university and is awaiting her result which is due in couple of weeks time. Her current Tier 4 student visa is expiring in September 2013.

Her immigration history: She came to UK as a student and completed her Bachelors degree then applied for the Post Study Work Visa --2 years and then joined the MBA programme which is currently at the end.
She would like to further do research based masters degree from a university.
As far as I know, this brings up 2 major problems while extending her visa under Tier 4.

1. Academic progression
Quoting Point 68 of Tier 4 Migrant Guidance:
68. In order for your new course to represent academic progress from your previous studies, it must:
• be above the level of your previous course for which you were granted leave as a Tier 4 (General) Student or as a Student, or
• involve further study at the same level, which your Tier 4 Sponsor confirms that it complements your previous course for which you were granted leave as a Tier 4 (General) Student or as a Student, for example, you may be moving from a taught masters degree to an MBA or research-based masters degree.

So if she applies for the courses such as MA in Human Resource (which she is interested in) or any relevant Msc courses, I believe this course will complement her previous course (MBA) for which she was granted student visa, this as per the Point 68 of Tier 4 Migrant Guidance, this represent academic progress from my previous studies and as such my prospective Tier 4 sponsor will be able to issue me with a CAS for my new course.
What I like to know, is all assumption I have made here correct? If this course she wants to take is not eligible what should she be studying?

2. Length a Tier 4 Student come to UK for?
Quoting relevant section of Point 105 of Tier 4 Migrant Guidance
105. The time that you can spend studying at or above degree level is limited to five years unless:
• you are studying for a Master’s degree at a Recognised Body or at a HEI, following completion of an undergraduate degree where the duration of that degree course was four or five academic years. If this applies to you, the limit will be set at six years in total instead of five.
• you are studying an acceptable Post-Graduate research qualification which is listed in Annex 6 of this guidance and is being studied at and awarded by a Recognised Body or an HEI. If by the time you complete that Post-Graduate Research qualification, the time you have spent studying in the UK at or above degree level exceeds eight years, then we will not grant you any further leave in this category.
• you are on the Doctorate Extension Scheme.

She entered into UK on a STUDENT VISA on Dec 2004, before the introduction of Tier 4 General student Point based system. So if i am correct, then the 5 year limit to the degree programme / 8 year limit for doing acceptable post graduate research programme will only apply to her after she applied for the Tier 4 student visa and not while she was on the previous Student visa before the tier 4 was introduced. As such, she applied for tier 4 only on March 2009 for a year then went on to PSW (Post study work visa) for 2 years on Feb 2010 and then again back to tier 4 visa on Feb 2012 and hence has only been on Tier 4 Student Visa for 2.5 years.
Her VISA history is given below:

Student Visa : Dec 2004- March 2009
Tier 4 Student Visa: March 2009-Feb 2010
Post Study Work Visa: Feb 2010- Feb 2012
Tier 4 Student Visa: Feb 2012- Sept 2013

I have consulted with few people and this is what I am assuming regarding the total length a student can be on Tier 4 Visa. Please correct me if I am mistaken or if there is anything that needs consideration.


Finally, I want your opinion on the two cases I have mentioned above and also any relevant recommendation you have for her. Any responses will be highly appreciated. If there is any query please let me know.

Thank you

Regards
niks

[Ditima98]

hello,
ahmad0044, was very right to suggest for the MPhil. Since your friend has already done MBA the only way forward if she wants to remain on Tier 4 is an MPhil or PHD. However since you are only remaing with less than 3 years before the caping limit of 8 years, they will reject if she goes for PHD. An MPhil is the most appropriate in this case since in most cases the maximum duration is 2 years for this course.

Please kindly update us on the outcome of your issue.