Tier 4 Study Year Limit rule

[SITU]

Hi,

I would like to ask you about Tier 4 student visa Study Year Limit rule. Currently it is called a 5-year rule for UG and PG(master course).

A student studied before in the UK, but he didn't finish his study due to personal reasons. Then he returned to his home country. Technically, he already spent about 34 months, but he actually spent 27 months before leaving the UK. The former university didn't report his withdrawal correctly at that time.

After he has been working for a company about three years, he makes a decision to finish his undergraduate course in the UK.

In that case, the time-limit rule will be applied for the former student who wants to finish his study. Many UK higher education institutions have been trying to apply the rule for all the previous studies without thinking of long-term absence. They keep saying he has just one year and 10 months or so. Is it correct?

Anyone can change their mind when they are studying. It could have many reason to stop to study. Later they are also looking for another chance to carry on their study. Someone is not fully satisfied with the course which they choose with various reasons including qualities of the course and lecturers, academic issues, personal and financial matters. However, UK Tier 4 Policy Guidance does not consider various situation for international students. It seems to be personal responsibility issues of international students when it comes to withdrawal matters.

UKVI (or its guidance) does not explain the time-limit rule clearly so that UK universities does not think about any circumstances. They are doing it like a machine, I think.

Is possible or impossible for someone with a long-term absence from his previous study to apply for his unfinished study later? Like a cooling period of Tier 2, is it impossible to apply for Tier 4 as a new after three years?

Please let me know.
Thank you.

[sah10406]

The former university didn't report his withdrawal correctly at that time.

This seems to be the problem. If the previous withdrawal was not reported to the Home Office, and hence the Tier 4 visa never curtailed, the new sponsor is correct to count the whole previous visa towards the cap.

[SITU]

Thank you for comment.

However, I contacted an OISC immigration advser to find out correct information on the issue. He mentioned that there are a three-year absence from the previous study. It is possible to get a student visa if HE issues a CAS for him.

Any comment?
Thanks.

[sah10406]

He mentioned that there are a three-year absence from the previous study. It is possible to get a student visa if HE issues a CAS for him.

An absence it itself has no specific bearing on whether you can be sponsored for a new visa. As I said before, the issue appears to be that your Tier 4 visa was not curtailed when you withdrew and took your absence, and hence the time cap kept counting until the visa was finished.