5 year cap, CAT to BA(hone)

[user1507]

hi,
what does home office look at ? the enrolment letters or the results. ? the enrolment letter i have from the previous college says awarding body ACCA but then i swithcied to CAT i passed my papers. and then i took admission in uni for BA hobs. when i applied for ba hons i submitted my CAT results.i got my visa to do the degree. now i am applying for MSC.. the enrolment lettters issued by my previous college or the results i have ? because CAT is NFQ 4.. does the 5 year cap apply on me ?

[rajesh1984]

i have no idea about CAT but 5 year cap starts from level 6 but as you told its level 4 then no need to worry

[alpha2013]

Hi,
What does 5 year cap mean in tier 4 ?
The lenght of visa issued ? or the admission letters sent to homeoffice for the course duration. For example if someone have sent the visa for 1 year course and he dont get the visa even his course is finished. Does that period of 1 year will be counted for 5 year cap ? as he didnt gt the visa for that period and was holding by homeoffice untill he make further application for new course for next year.

Thanks

[geriatrix]

Time period referred to in "cap" - the time period in your lifetime that you were studying in the UK.

If there was no visa issued = you never came to UK (to study).

Reading para 101-110 of the policy guidance will help.

[alpha2013]

Thanks for ur reply ["sushdmehta"]
But if some ones cas was issued and sent to home office ....but the visa was not given by homeoffice dont know for what reason (may b they forgot to issue the visa ) and in the end they sent the refusal even the course was completely finished at that time, which was later on sent for the appeal. but as first appeal was also rejected i applied for the fresh application instead of continuing the appeal process and got the tier 4 visa . Now the confusing point is here that the duration of that period which the visa was not issued will be counted for 5 year cap ? as cas was issued stated studying dates.I know its a bit confusing and complicated but i hope u understand and can help me out from this confusion .Many Thanks in advance .

Time period referred to in "cap" - the time period in your lifetime that you were studying in the UK.

If there was no visa issued = you never came to UK (to study).

Reading para 101-110 of the policy guidance will help.

[Choc-Ice]

Thanks for ur reply ["sushdmehta"]
But if some ones cas was issued and sent to home office ....but the visa was not given by homeoffice dont know for what reason (may b they forgot to issue the visa ) and in the end they sent the refusal even the course was completely finished at that time, which was later on sent for the appeal. but as first appeal was also rejected i applied for the fresh application instead of continuing the appeal process and got the tier 4 visa . Now the confusing point is here that the duration of that period which the visa was not issued will be counted for 5 year cap ? as cas was issued stated studying dates.I know its a bit confusing and complicated but i hope u understand and can help me out from this confusion .Many Thanks in advance .

Time period referred to in "cap" - the time period in your lifetime that you were studying in the UK.

If there was no visa issued = you never came to UK (to study).

Reading para 101-110 of the policy guidance will help.

In my own opnion, you were covered by section 3c http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Your visa was extended for that period even though you didnt get the visa at the end of the wait..So that time CAN technically be counted towards the 5 years cap.

[alpha2013]

Thanks for your early reply,
I do agree with your opinion,

http://www.ukcisa.org.uk/content/2533/T ... )-on-study#
but According to ukcisa.....Any new Tier 4 application must lead to you spending no more than five years on courses at degree level. All time you have had leave under Tier 4 (or as a pre-Tier 4 student) counts towards the 5 years,
Except.... for the short extra time you are given before the course (maximum one month) and after a course (maximum four months) so it means non-study periods aren’t counted towards the cap, because in my case at the time of appeal submission the course was already finished 3 months ago and it tooks 1 extra year in the whole appeal process which was non-study period so it shouldn`t be counted towards the cap, ....am i right ? what is your opinion on this...!

Thanks for ur reply ["sushdmehta"]
But if some ones cas was issued and sent to home office ....but the visa was not given by homeoffice dont know for what reason (may b they forgot to issue the visa ) and in the end they sent the refusal even the course was completely finished at that time, which was later on sent for the appeal. but as first appeal was also rejected i applied for the fresh application instead of continuing the appeal process and got the tier 4 visa . Now the confusing point is here that the duration of that period which the visa was not issued will be counted for 5 year cap ? as cas was issued stated studying dates.I know its a bit confusing and complicated but i hope u understand and can help me out from this confusion .Many Thanks in advance .

Time period referred to in "cap" - the time period in your lifetime that you were studying in the UK.

If there was no visa issued = you never came to UK (to study).

Reading para 101-110 of the policy guidance will help.

In my own opnion, you were covered by section 3c http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Your visa was extended for that period even though you didnt get the visa at the end of the wait..So that time CAN technically be counted towards the 5 years cap.