Can we chellenge 5 year degree cap rule !!!!

[riz1986]

I think the 5 year degree cap rule could be challenged in High Court as it is back dated i.e., including migrants who were here under old student rules.This rule came into force in April 2012 which make no sense what so ever in immigration rules where you apply a rule back dated.HSMP forum JR was a landmark ruling by High Court which says u can't change the rules retrospectively.

Also the spouse visa minimum income threshold case is also in court pending for a final decision .see
http://www.ukba.homeoffice.gov.uk/sitec ... ome-update

So I believe this 5 year degree cap rule can also be challenged on that basis in high court as a lot of tier 4 migrants are affected. Its only the matter of all students who are already affected or would be affected .......should get together,set up a fund,hire good lawyers and file a case in High Court.This is the only way forward or we all get refused one by one !!

I'm more than happy to coordinate an effort for everyone.

Thanks for reading !

[Johny1082]

I am here to support with my 100% efforts.
I entered on March-2011, so think this can be helpful to me as well, as I am facing problems on this.

HO is trying hard to kick me out depriving me off my legal rights and even without considering their own mistake. My details are as below :-
Feb 2011 to Nov 2012 (Entry Clearance student visa on March-2011 - 1 month later than visa issuance)
Nov 2012 applied for MBA (Masters) and 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 MSc (Masters) and 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 months to get to the cap of 5 years and the loss of 9 months (during which I wasn't student being deferred and wasn't having any Visa) 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 March-2011, so the rule of 5 year can't be applied retrospectively to me.
Please help and advise.

[Wanderer]

Too many folks abused the system by enrolling on pointless course after pointless course to get ILR, hence the clampdown.

[sah10406]

On this specific issue, I personally think the UKBA got it right, and that limiting degree level study to 5 academic years is entirely reasonable. Moreover, I disagree that the cap retrospectively penalises those who came to study in the UK before it was introduced. There are saving provisions for almost everyone who is genuine and who would fall foul of a 5-year cap being applied strictly:

(1) a concession for those on a 4-year undergrad course who wish to do a 2-year masters;
(2) in effect a buffer year for those on the more usual route of 3 years undergrad followed by 1-year Masters, and up to 2 buffer years for those only study undergrad;
(3) with the sponsor's support, a concession for students who need extra time for illness or disability-related reasons; and
(4) PhDs and certain professional degrees are excluded.

I think that anyone else who came to the UK with a Tier 4 visa before the cap came in could not reasonably have planned to spend more than 5 years studying at degree level. I'm afraid that my experience shows that someone who is still not done with degree level studies after 5 years has often either contrived to use the student route to stay in the UK long-term, for example by taking spurious courses, or by interrupting studies but staying in the UK without studying, or is academically not suited to degree level studies.