Three Years Rule

[samira_uk]

Hi I have a friend who is confused about this three years rule.

He entered the UK in July 2011 and since then he has studied English language courses. Now, he wants to extend his english course for another year until July 2014. As his new course is more than 6 months he will be given two months extra and his new leave will be valid until Sep 2014.

Now, there are some points:
-Three years means the visa length or course length? For 5 years degree level studies it is clearly said that the course length is counted and not visa length.

2-Saying visa length is counted. Now he is going to apply for a course from Sep 2013 until July 2014. The new leave (including two extra months) will lead to total length of more than 3 years. Then, what will happen? The caseworker will refuse the visa? Or he will give new leave up to total length of three years? If we count only course length he could give new leave up to total 3 years and that would be enough to finish the course.

Is there anybody has the same or similar experience?

Any help much appreciated.

[Deviser]

Hi I have a friend who is confused about this three years rule.

He entered the UK in July 2011 and since then he has studied English language courses. Now, he wants to extend his english course for another year until July 2014. As his new course is more than 6 months he will be given two months extra and his new leave will be valid until Sep 2014.

Now, there are some points:
-Three years means the visa length or course length? For 5 years degree level studies it is clearly said that the course length is counted and not visa length.

2-Saying visa length is counted. Now he is going to apply for a course from Sep 2013 until July 2014. The new leave (including two extra months) will lead to total length of more than 3 years. Then, what will happen? The caseworker will refuse the visa? Or he will give new leave up to total length of three years? If we count only course length he could give new leave up to total 3 years and that would be enough to finish the course.

Is there anybody has the same or similar experience?

Any help much appreciated.

As the case is unique (due to new course end date is exactly at 3-years limit), I think 2 results are possible:

1.) Case worker will refuse his visa. (Most probably)
2.) Visa will be granted till July-14 at course end date + 1/2 weeks whichever is lower and match with 3-years limit.

Usually, English courses available with full timing/length flexibility as per need of student. I suggest to take a little shorter course coz their is a risk of loss of visa fee and deposits in case of refusal.

[samira_uk]

Thank you I just saw it:

(h) If the course is below degree level the grant of leave to remain the applicant is seeking must not lead to the applicant having spent more than 3 years in the UK as a Tier 4 Migrant since the age of 18 studying courses that did not consist of degree level study.

and then:

(iii) The additional periods of leave to remain granted further to the table above will be disregarded for the purposes of calculating whether a migrant has exceeded the limits specified at 245ZX(h) to 245ZX(hb).

Thus, this additional period will not be counted in calculating the three years.

Thank you for your help.

[sheraz7]

Thank you I just saw it:

(h) If the course is below degree level the grant of leave to remain the applicant is seeking must not lead to the applicant having spent more than 3 years in the UK as a Tier 4 Migrant since the age of 18 studying courses that did not consist of degree level study.

and then:

(iii) The additional periods of leave to remain granted further to the table above will be disregarded for the purposes of calculating whether a migrant has exceeded the limits specified at 245ZX(h) to 245ZX(hb).

Thus, this additional period will not be counted in calculating the three years.

Thank you for your help.

Since you correctly answered your question so what is your main question?

[samira_uk]

I dont have any question now