8 YEAR RULE

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

Where were you from September 2008 to September 2009?

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

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.

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