Still confused about the 5-year cap after reading the Guidance for Home Office Staff

[ChewChilledChilli]

Hi guys, hope this is just a quick question on interpretation of the Home Office guidance.

In the Guidance –Tier 4 –v 40.0 Published for Home Office staff on 09 June2017, it says

Where you are considering an application using a CAS assigned on or before 9 August 2015 you must calculate the time spent studying in the UK using the start and end dates of the courses, regardless of the duration of these courses. You must not include in your calculation any period of leave granted in addition to the course duration period.

My immigration history:
University A undergraduate CAS course start date: 24/Sep/2012
University A undergraduate CAS course end date: 26/Jun/2015
University A undergraduate Visa valid from 3/Sep/2012 until 26/Oct/2015
However, I withdrew from the course and my visa was curtailed in 8/Nov/2013

University B undergraduate CAS course start date: 19/Sep/2014
University B undergraduate CAS course start date: 30/Jun/2017
University B undergraduate Visa valid from 29/Aug/2014 until 30/Oct/2017
I completed this course accordingly


Question
Now I'm trying to get a CAS from University B for a Pre-Masters+Masters programme which lasts for 2 years.
The conditional offer letter I received states the course start date is 18/Sep/2017, and end date is 27/Sep/2019

Am I right to say that, according to the guidance, when my university calculates my previous study time, they should use the CAS course dates/day my visa was curtailed for University A and B since the CAS are issued before 9 August 2015?

Thank you in advance Pretty gutted now as no friends or course mates seem to understand the situation. I'm going to see the International Student Adviser tomorrow so hopefully I will get an answer.

[sah10406]

Am I right to say that, according to the guidance, when my university calculates my previous study time, they should use the CAS course dates/day my visa was curtailed for University A and B since the CAS are issued before 9 August 2015?

No. This was guidance on how to treat new applications, not how to retrospectively count leave granted through old applications. It was effectively irrelevant after 7 February 2016, which is the last possible expiry date for a CAS issued before 9 August 2015. They often leave old and fairly useless information in the guidance, either by accident or because it is possible that applications from that time are still in appeal.

[ChewChilledChilli]

Am I right to say that, according to the guidance, when my university calculates my previous study time, they should use the CAS course dates/day my visa was curtailed for University A and B since the CAS are issued before 9 August 2015?

No. This was guidance on how to treat new applications, not how to retrospectively count leave granted through old applications. It was effectively irrelevant after 7 February 2016, which is the last possible expiry date for a CAS issued before 9 August 2015. They often leave old and fairly useless information in the guidance, either by accident or because it is possible that applications from that time are still in appeal.

Thank you very much