Johny1082 wrote:Can someone please help me calculating the cap, HO is trying hard to kick me out depriving me off my legal rights and even without considering their own mistake.
Feb 2011 to Nov 2012 (Entry Clearance student visa)
Nov 2012 applied for student visa extension and got refused, against which I applied for JR which ran upto 9 months. Finally, I received my Visa on Dec-2013 until May-2014.
May 2014 to Aug 2015 - (To finish my current education)
Aug 2015 applied for student visa extension and got refused on the ground that my new course of 12 months will take me beyond 5 years.
Following the refusal, Eaton House Officer is eager to snatch my rights and kick me out of the country, even when they are aware of my legal rights under section 3C & 3D.
Practically I have 6-7 to get to the cap of 5 years and the loss of 9 months which totally comes to approx 15-16 months.
I have applied for JR, which is on the way, I need some legal guidance in terms of section that would help me further, to claim my loss of 9 months during which I was neither on Tier 4 nor I was studying as my university submitted deferment form.
Also, I entered into the country in Feb-2011, so the rule of 5 year can't be applied retrospectively to me.
Please someone help ASAP.[/quote]