Time-Cap limit Confusion

[Physicist]

Hey everyone:

I'm unsure what time limits applies to me as a former tier 4 student. I was told I'm on the 6 year, 11 month cap because of the nature of my course but the university seems to think I'm not. They say I'll go over the limit according to the policy guidance, it seems there is the 5 year, 11 month cap and the 6 year, 11 month cap.

My immigration history is as follows:

Jan 2011 - September 2011: University Foundation Year
September 2011 - October 2015: Bachelors Degree including one resit year. I renewed my Tier 4 visa in October 2014 for an additional year because of the resit.

So that is 57 months spent on a Tier 4 visa.

After receiving my degree in September 2015, I applied for a Tier 2 visa, but the application was still pending 10 months later and the company I was working for was short on cash. It was only a small business in the midst of rebranding with one of the guys I know who wanted me onboard and 2 other guys helping create the business. I promptly withdrew because I would rather not a black mark on my history in case of refusal.

We didn't know what we were doing with the system and I got my COS too late so I couldn't make a same day application and it had to be by post. If it were the latter I'm confident the business was in better shape in Oct 2015 and if additional documents were requested in case I would have gone through.

I wanted to get on that and transfer to a Tier 1 Ent visa as me and another friend worked on a business since I was a student. At least this way I wouldn't break my 10 year residency. I couldn't obtain a Tier 1 GE as the university misunderstood something and thought its better I get my friend to sponsor me because the business was "established" but unfortunately we didn't have enough capital to do so.

Now I'd like to go back and do a masters course and try and get on a Tier 1 GE because I do believe I have a genuine case for a business. But I'm having trouble calculating which cap limit I qualify for. Bear in mind I'm now outside the UK for 6 months. I left in September 2016 after withdrawing.

So my questions are simple:

1) Which cap limit do I qualify for? Is it the 5 year 11 month limit or the 6 year 11 month? I'm unsure because I did the 8month foundation course so I don't know which one that applies to.

2) If its the 5 year and 11 month limit, that means that is 69 months. If I need a Tier 4 visa for a Masters which is 16 months long, its means I go over the limit by 71.

3) Does my 10 months in 3C leave whilst applying for a Tier 2 count to the cap limit? Apparently the policy guidance doesn't clarify on that. I suspect it means the 3C leave I had when I renewed my Tier 4 Visa in October 2014.

4) Lastly, If I chose to do a short course, That is Tier 4 sponsorship so with that could I move to a Tier 1 GE if a university is willing sponsor me?

Thank you for taking the time to answer. I can provide more details if you wish.

[sah10406]

[deleted]

[sah10406]

[deleted]

[sah10406]

[deleted]

I replied to this question, then tried to Edit some errors with the quoting but it would only let me delete the content, not amend it. Tried to repost the answer, but again it would not let me edit. I give up.

[Physicist]

sah10406,

I appreciate the time you took to type it out and respond. Its sad and frustrating that forum boards do it sometimes.

If you don't mind, hopefully you might have it save somewhere and you could post it again or PM it to me?

I don't need quotes, I would be able to understand it.

Thanks again if you decide to help!

[Physicist]

Bump. anyone?

[sah10406]

1) Which cap limit do I qualify for? Is it the 5 year 11 month limit or the 6 year 11 month? I'm unsure because I did the 8month foundation course so I don't know which one that applies to.

5 years 11 months. The 6 year cap is for people moving from a 4-year undergraduate degree straight to a Masters.

2) If its the 5 year and 11 month limit, that means that is 69 months. If I need a Tier 4 visa for a Masters which is 16 months long, its means I go over the limit by 71.

That doesn't seem to be a question.

3) Does my 10 months in 3C leave whilst applying for a Tier 2 count to the cap limit? Apparently the policy guidance doesn't clarify on that. I suspect it means the 3C leave I had when I renewed my Tier 4 Visa in October 2014.

Yes. The policy guidance is clear in that it does not say such leave should be deducted.

4) Lastly, If I chose to do a short course, That is Tier 4 sponsorship so with that could I move to a Tier 1 GE if a university is willing sponsor me?

Probably best to do it as a short-term student.

[vinny99]

@Physicist Sorry it's not a reply to your query but a question of my own if you'd be so kind to reply. It goes as follows: How did you extend your tier 4 visa after foundation course for bachelor's ? Were you able to do it while in UK or had to leave the country? And lastly were there any problems extending it or it was a new visa ? I have applied to a good university for foundation starting October 2017 and concerned with visa after foundation. Thanks

[sah10406]

Sorry it's not a reply to your query but a question of my own if you'd be so kind to reply. It goes as follows: How did you extend your tier 4 visa after foundation course for bachelor's ? Were you able to do it while in UK or had to leave the country? And lastly were there any problems extending it or it was a new visa ? I have applied to a good university for foundation starting October 2017 and concerned with visa after foundation. Thanks

I replied last week to this question in the separate topic you already created, and I sent a link to the relevant information, which you said you had read. Whether you can make a Tier 4 application in the UK for a new course at a higher level depends is nothing to do with it being a Foundation course, it is about who is your current Tier 4 sponsor. Please read the information again:

uk-tier-4-student-visas/extending-tier- ... 28027.html