5 years cap on tier4

zee1 · Post by **zee1** » Sun Nov 03, 2013 10:39 pm

HI, I came in UK in September 2004 and completed LLM from UNI in 2009. it took so long due to my medical conditions. 2010 to 2012 psw. in 2012 I started another masters in Manchester Uni. I have completed all my course just one placement module left which I could not get but not my fault. In September i applied for CAS but they asked me to pay for new module and issued me draft CAS. when I submitted fee just one day before expiry of my visa they refused to issue me final CAS due to 5 years rule which came in July 2013. my tutors tried to help me but they refused. as a last option I filed FLR (O) through a solicitor explaining all my situation. last week they refused it saying that it is not a compassionate ground for that leave and not fair to others, if granted. I have a right of appeal though but don't know what to do now? or what I should say in my appeal ? my solicitor says there are 70-80% chances but other solicitors say very difficult to win it in this situation without CAS.... ANY HELP Please

riz1986 · Post by **riz1986** » Sun Nov 03, 2013 11:31 pm

goo for appeal n try to spend as much time as you can.......in the mean time try to finish ur course if uni allows you....

zee1 · Post by **zee1** » Sun Nov 03, 2013 11:41 pm

riz1986 wrote:goo for appeal n try to spend as much time as you can.......in the mean time try to finish ur course if uni allows you....

how can I buy more time, I think appeal would take 3months maximum ...my solicitor sent letter to uni so that I can finish my course but they refused saying after the visa they can re-enrol me...one of solicitors says stretch up to 10 months and then apply for ILR ie 10 years rule....but how I can stretch that long

riz1986 · Post by **riz1986** » Sun Nov 03, 2013 11:48 pm

well who said appeal takes max 3 months ? it can take 6-8 months so jus stretch da tym to 10 months......dats the way forward as suggested by da solicitor on top u r law student u shld knw it etc

zee1 · Post by **zee1** » Sun Nov 03, 2013 11:57 pm

Thanks for your reply...what I should say in my appeal as 'compassionate grounds'...do the judges accept situations like mine to allow the appeal...I know I am law student

but it is not my field so don't know much about such immigration situations

quantum1 · Post by **quantum1** » Mon Nov 04, 2013 2:06 pm

riz1986 wrote:
goo for appeal n try to spend as much time as you can.......in the mean time try to finish ur course if uni allows you....

how can I buy more time, I think appeal would take 3months maximum ...my solicitor sent letter to uni so that I can finish my course but they refused saying after the visa they can re-enrol me...one of solicitors says stretch up to 10 months and then apply for ILR ie 10 years rule....but how I can stretch that long

I dont think you can apply for 10 year ILR as you applied for FLR(O) after your visa was expired according to your post. Just work hard and try to finish your course while you are appealing because when you leave you will be subject to a one year ban and might never get the opportunity again.[/quote]

zee1 · Post by **zee1** » Mon Nov 04, 2013 4:39 pm

HI, actually I applied on last day of my visa so it was within time...but don't know what to argue in appeal for compassionate reasons

or how to delay it further in appeal

Rubablu · Post by **Rubablu** » Mon Nov 04, 2013 10:59 pm

zee1 wrote:HI, actually I applied on last day of my visa so it was within time...but don't know what to argue in appeal for compassionate reasons or how to delay it further in appeal

I think it will not be a problem to delay your appeal upto 11-12 months. your solicitor will tell you what to do. then apply for ILR

greenvilla · Post by **greenvilla** » Tue Nov 05, 2013 12:45 pm

he is right that's the only way forward. do as he say no other option
thnx

zee1 · Post by **zee1** » Thu Nov 07, 2013 3:11 pm

greenvilla wrote:he is right that's the only way forward. do as he say no other option
thnx

he is saying same arguments in appeal which we sent to HO...so don't know if the court will accept them or not without CAS and all this.

gulrose786 · Post by **gulrose786** » Thu Nov 14, 2013 6:21 am

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5 years cap on tier4

5 years cap on tier4

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