Visa Refusal

[Ditima98]

I came to the UK in 2006. I have so far done a BA and MSc degrees at two different Universities in London. After my MSc I applied for PSW visa which was granted.

When it recently came to an end, I applied for an MPhil place at one of the Universities in London. I was accepted and CAS granted of which I used to apply for extension under Tier 4. For my spouse and daughter I maintained about £7000 in my account as maintenance funds for 28 days.

However, I recently got a refusal feedback from Home Office(they have also withheld all my documents including passports) on the grounds of:
1. six year degree cap-they told me, MPhil, although its a research programme is at the same level as my MSc taught I obtained previously, so there is no progression unless I was on PHD directly.

2. They also said my £7000 was calculated based on established stay of which I do not qualify since I am coming from Tier 1 PSW Visa. I am supposed to have money like someone coming from outside, i.e multiply by 12 months, which was coming to about £15,000. for me and my dependants plus the outstanding fees from Uni. To be honesty, I was not aware of this rule otherwise I would have managed to keep this money in the account.

I have Appealed-what are chances of success? I have managed to keep the £15,000 in the account while awaiting appeal date. I am 5 months into my MPhil course and the Uni is reluctant to switch me to PHD directly entry. I can not apply to another Uni because my passports are with them. What can I do if I want to re-apply? Any other ways I can re-apply?

Please help!

[vinny]

1. See also Time limit (cap) on study.
2. You did not meet the requirements of 14 nor 22.

Therefore, I think the chances of a successful appeal are slim.

[Ditima98]

VINNY,

Thanks for the reply. I checked the link you said I should look at and it clearly states that being on MPhil programme I am exempt from the 5 year rule-see below, so please can some tell why my application was rejected based on this issue................see below


http://www.ukcisa.org.uk/International- ... -on-study/

There are some exceptions to the 5-year cap:
•if you have successfully completed a UK degree course which was at least four years long, and you are making a Tier 4 application to study a Master's degree at a higher education institution (recognised body or institution in receipt of public funding), the limit is six years.
•if your Tier 4 application is to study a PhD (or one of the postgraduate research qualifications listed in Annex 6 of the Home Office's Tier 4 Policy Guidance [^]) at a higher education institution, there is no limit while you are studying the PhD.

[vinny]

Unfortunately, even if you succeed on point 1, you still fail on point 2.

[Ditima98]

VINNY,
Thanks for the advise, but lets be more specific, which point 2 have I failed on and can you just elaborate more as to why?

And what would be your word of advise on the way forward?

[vinny]

2. They also said my £7000 was calculated based on established stay of which I do not qualify since I am coming from Tier 1 PSW Visa. I am supposed to have money like someone coming from outside, i.e multiply by 12 months, which was coming to about £15,000. for me and my dependants plus the outstanding fees from Uni. To be honesty, I was not aware of this rule otherwise I would have managed to keep this money in the account.

2. You did not meet the requirements of 14 nor 22.

[vinny]

I have been refused based on Section 245ZX(ha):

My Question is where does someone who has already done a Masters taught and is now doing MPhil Research programme fall under the above section?

Please advise

see below:
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).

[Ditima98]

Vinny,
Thanks for the reply. But I just want to know if you agree with me on the point that the Home Office made an error on the MPhil point?

Also please, please, kindly advice on the procedure on how to re-apply. Someone told me that I can re-apply since I have now got required funds in the account-what is your advise?

[quantum1]

I think you were refused on the basis of academic progression and not on the basis of a time limit. MPhil does not represent academic progression from MSc as they are both level 7 courses

[Ditima98]

Thanks Quantum1 for the feedback.

I have wasted a lot of my time, money and other resources in this country for me to just pack and go and besides my daughter is now established in the school system here. I also want to do away with the PHD as my sponsor in this programme expects that from me after I am done with the MPhil-that was the agreement.

My daughter has got 10 months to qualify under the seven year rule and I have got 1 year 11 months to qualify for the 10 years long stay. Is there any way I can survive home office kicking me out until up to this time (7 year rule)

Please advise.

[dalebutt]

I do not know about this area of the immigration rules, I read your post and I share with your your dilemma, I wholeheartedly hope someone will help you find a solution. I wish you all the luck in this world.

[FaisalKhan100]

Hi
Whats happened with your case........ I am also facing the same problem of 5 year cap...

[cee14]

Ditima98,
I am very new & not expert and also not aware about your personal situation but what about the option if your spouse go for study under Tier-4 and you and your daughter become dependant. I think there are intakes in Feb, March and May next year. I am not sure whether you can go for this option in the case of your current refusal or not and may be senior members can advise/comment on this option and also the impact of this option on your future ILR (if any).I wish for your success

[FaisalKhan100]

Thank you your reply
do you know how much time court take in appeal....... because I have 10 months to apply for 10 years of Long residency. Waiting your reply.....Thanks

[cee14]

From your previous post, If I am not wrong you have 1year11 months for ILR. If you are thinking about 7 year rule, I think in that rule one of parent should have ILR - Senior member may advice on this.