Tier 4 Application Refused-How to extend appeal hearing time

[aronnok]

Hi, I came to UK in 2003. From Sept 2003 to Feb 2011 I was on student visa. From Feb 2011 to Feb 2013 I was on PSW visa. Then I applied for Tier 4 and got refused under paragraph 245ZX(ha) (5 years cap) of the immigration rules and has given appeal rights. I am going to appeal against the decision as I need only 4 months to make it 10 years as living lawfully in the UK. The problem is, I have to spend 4 months under section 3d to be eligible to apply for ILR. Some solicitors are saying its possible and some are saying it might not be possible as it depends on the date court allocates for hearing and its almost impossible to win the case. The only hope for me now is to somehow delaying the hearing date. My solicitor has already sent the appeal form today. Any ideas from anyone about how to delay the hearing date?

[z18runway]

So you are saying that you don't fall under 5 year cap ?

Did you ask your solicitor about the above cap ?

[aronnok]

So you are saying that you don't fall under 5 year cap ?

Did you ask your solicitor about the above cap ?

My solicitor is saying that, as my last visa was PSW and I applied to switch to Tier 4, the 5 years cap is not applicable for me. It is only applicable for people who are currently on Tier 4 and applying for extension as Tier 4 student.

[safajnaseef]

So you are saying that you don't fall under 5 year cap ?

Did you ask your solicitor about the above cap ?

My solicitor is saying that, as my last visa was PSW and I applied to switch to Tier 4, the 5 years cap is not applicable for me. It is only applicable for people who are currently on Tier 4 and applying for extension as Tier 4 student.

Taken from:
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Section 245ZX(ha) says:

If the course is at degree level or above, the grant of leave to remain the applicant is seeking must not lead to the applicant having spent more than 5 years in the UK as a Tier 4 (General) Migrant, or as a Student, studying courses at degree level or above unless:

(i) the applicant has successfully completed a course at degree level in the UK of a minimum duration of 4 academic years, and will follow a course of study at Master's degree level sponsored by a Sponsor that is a Recognised Body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council, and the grant of leave to remain must not lead to the applicant having spent more than 6 years in the UK as a Tier 4 (General) Migrant, or as a Student, studying courses at degree level or above; or

(ii) the grant of leave to remain is to follow a course leading to the award of a PhD and the applicant is sponsored by a Sponsor that is a Recognised Body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or

(iii) the applicant is following a course of study in;


(1) Architecture;

(2) Medicine;

(3) Dentistry;

(4) Law, where the applicant has completed a course at degree level in the UK and is progressing to:

a. a law conversion course validated by the Joint Academic Stage Board; or
b. the Legal Practice Course; or
c. the Bar Professional Training Course.

(5) Veterinary Medicine & Science; or

(6) Music at a music college that is a member of Conservatoires UK (CUK).

I believe this section applies to you as you have spent nearly 7 years under Tier 4 regardless whether you are applying to extend your Tier 4 Student visa or switching from Tier 1 (PSW). The only possible way to work around that cap is to apply for a PhD course.

[mnnouman]

You certainly fall in the 5 years cap as we all know what you have done. You have been stretching time by acquiring admissions so that you complete time scale for ILR

And now having known that your appeal will be rejected, you just want to put off the matter so that you complete the time scale anyhow

Anyway for me the workaround may be applying on the very last date with something incomplete, do it twice, the incomplete documentation will come back to you and UKBA/courts take time. 4 months will pass swiftly.

Good luck you tricky guy