8 Years Cap Limit

[shohebum]

Hello There !

I came here in UK on 27/09/2010 on student visa and bellow is my details
VISA 1 (General Student)
MA in Banking and Finance
Visa issued from 25/09/2010 valid till 28/02/2012 - 17 months

VISA 2
Tier 1 Post Study Work (PSW)
Visa issued from 03/03/2012 valid till 03/03/2014 - 24 months

Visa 3 (Tier 4 Student)
ACCA full time
Visa issued from 11/03/2014 valid till 08/03/2016 - 24 months

Visa 4 (Tier 4 Student)
Master of Research in Business
Visa issued from 09/03/2016 valid till 30/09/2017 - 19 months

I have now been made an offer of PhD programme for the duration of 36 months starting from 13th September 2017, and I am wondering whether I would be eligible to receive a CAS and visa to complete the proposed programme of study without going over the 8 years study cap limit? any feedback and suggestion would be highly appreciated. Thanks

[sah10406]

I have now been made an offer of PhD programme for the duration of 36 months starting from 13th September 2017, and I am wondering whether I would be eligible to receive a CAS and visa to complete the proposed programme of study without going over the 8 years study cap limit?

There is no trick or secret way of calculating the cap. You simply need to add together all your student and Tier 4 leave, plus the period you are now wanting. If it still comes to less than 8 years, you cannot be sponsored for the new course. If it comes to more than 8 years, you cannot.

[shohebum]

Thanks for your kind response. After calculation of total time spent under student visa I have now left with 37 months to reach 8 years study cap limit. The duration of course that I have been made an offer for is 36 months, usually the visa for 36 months course is 40 months. Now my question is if I have been issued a CAS and apply for visa, would home office refuse my visa on the plea that, the total length of my visa will take me over the 8 years limit (36+4=40) or home office would allow my visa application as the actual duration of my study (36 months) would not take me over the 8 years cap? any feedback and suggestion are highly appreciated. Thanks

[amj85]

From Tier 4 policy guidance -

117. If you have already completed a course leading to the award of a PhD, postgraduate research qualification or Research Masters Degree (as listed in Annex 4 of this guidance) in the UK, the grant of leave you are seeking must not lead to you spending more than 8 years in the UK as a Tier 4 (General) Migrant, or as a Student.

118. Students who have completed a postgraduate research qualification or a Research Masters Degree at NQF 7 (SCQF 11) in the UK lasting 13 months or less are not subject to the 8 year study limit.

Since you have already completed a research qualification (19 months), the 8 year cap applies.

The policy guidance also states that -
Calculating periods of leave counting toward time limits
120. To calculate the maximum amount of time that you spend studying at a specified level, we will consider how much leave you have already received to study courses as a Tier 4 (General) migrant or a Student, and add the length of leave that you will receive if your current application is granted.

Which means they will add 36 months for your proposed PhD + the 4 months they usually grant.

Contact your university, they usually don't issue a CAS if they believe that the student will breach the 8 year limit.

[sah10406]

After calculation of total time spent under student visa I have now left with 37 months to reach 8 years study cap limit. The duration of course that I have been made an offer for is 36 months, usually the visa for 36 months course is 40 months. Now my question is if I have been issued a CAS and apply for visa, would home office refuse my visa on the plea that, the total length of my visa will take me over the 8 years limit (36+4=40) or home office would allow my visa application as the actual duration of my study (36 months) would not take me over the 8 years cap?

It would be refused. All the leave is counted, not just the length of the course.

[Waqasrafiq2]

I have now been made an offer of PhD programme for the duration of 36 months starting from 13th September 2017, and I am wondering whether I would be eligible to receive a CAS and visa to complete the proposed programme of study without going over the 8 years study cap limit?

There is no trick or secret way of calculating the cap. You simply need to add together all your student and Tier 4 leave, plus the period you are now wanting. If it still comes to less than 8 years, you cannot be sponsored for the new course. If it comes to more than 8 years, you cannot.

Sah what about below degree level cap before 2015 and degree level or above cap . can you explain that please.

[sah10406]

what about below degree level cap before 2015

It's irrelevant. Any current or new application is subject to the current Rules.

and degree level or above cap . can you explain that please.

It's really not that complicated. You just count the amount of leave and it must be less than 5 years, or 6 years if relevant. See https://www.ukcisa.org.uk/Information-- ... layer-3002

[Waqasrafiq2]

what about below degree level cap before 2015

It's irrelevant. Any current or new application is subject to the current Rules.

and degree level or above cap . can you explain that please.

It's really not that complicated. You just count the amount of leave and it must be less than 5 years, or 6 years if relevant. See https://www.ukcisa.org.uk/Information-- ... layer-3002

I came in uk on january 2012 - july 2013 on level 4 diploma below degree level
extended from july 2013 - 1 feb 2015 level 5 below diploma degree level
extended from feb - nov 2015 level 6 diploma degree level or above
extended from nov 2015-march 2016 to level 7 diploma degree level or above.
completed all courses. now joining mba degree from sep 2017-jan 2019.


which cap counts on me or 245zv(ga)(i).

[sah10406]

which cap counts on me or 245zv(ga)(i).

It is always the current Rules on the day you make the Tier 4 application. In some cases this may mean that some of your past study is counted differently in a new application than it was in a previous application.

[Waqasrafiq2]

which cap counts on me or 245zv(ga)(i).

It is always the current Rules on the day you make the Tier 4 application. In some cases this may mean that some of your past study is counted differently in a new application than it was in a previous application.

I have given you my immigration history. can you check please if I can study mba for 1 year. I have given many universities my immigration history and they have offered me places after checking thats why i was given cas from of of them.I got 245 zv(ga)(i)
I read Degree level: 5-year cap
Any new Tier 4 application must lead to you spending no more than five years on courses at degree level. This includes Tier 4 leave and pre-Tier 4 student leave. In certain circumstances the 5-year cap is extended to six years, or for students studying a higher education institution (HEI) five years 11 months, or six years 11 months.

but on degree level I have spent a total of 25 months uptill now

[sah10406]

I have given you my immigration history. can you check please if I can study mba for 1 year.

No I can't! You are capable of counting up years and months and ascertaining whether the result is less than 5 (or 6) years! But moreover your university has already done so. As you say...

I have given many universities my immigration history and they have offered me places after checking thats why i was given cas from of of them.I got 245 zv(ga)(i)

So several Tier 4 sponsors have calculated whether you come within the relevant cap, they have ascertained that you do, and they have accordingly issued a CAS to sponsor you for a Tier 4 application. Why is that not the end of the story?

[Waqasrafiq2]

I have given you my immigration history. can you check please if I can study mba for 1 year.

No I can't! You are capable of counting up years and months and ascertaining whether the result is less than 5 (or 6) years! But moreover your university has already done so. As you say...

I have given many universities my immigration history and they have offered me places after checking thats why i was given cas from of of them.I got 245 zv(ga)(i)

So several Tier 4 sponsors have calculated whether you come within the relevant cap, they have ascertained that you do, and they have accordingly issued a CAS to sponsor you for a Tier 4 application. Why is that not the end of the story?

Coz i am refused under 245 zv(ga)(i) even tho i have studied a total of 25 months at degree level or above

[sah10406]

Coz i am refused under 245 zv(ga)(i) even tho i have studied a total of 25 months at degree level or above

Ask your Tier 4 sponsor for their support and advice in challenging the refusal. They do not want a refused application on their record either, and they will have an international student adviser whose job is to deal with this.

With respect, this is not something you should be undertaking with advice from random strangers online, however well-meaning. Speak to your Tier 4 sponsor.