Time limit on Tier 4

[afriley]

Hello. I just realised my university might have made a mess of my CAS.

I have been on a Tier 4 visa for my BA (3 years), then a taught MSc (1 year) and now am starting a PhD (September 2012). The PhD Cas was issued until 2017. Clearly this would bring my total up to 9 years and is a problem, right?

[Lucapooka]

It seems as mistake, in any case, to issue a CAS for a course that lasts five years (2017). How long is your PhD course, and that should be the end date of your CAS. You need to rectify this before you apply.

[afriley]

It seems as mistake, in any case, to issue a CAS for a course that lasts five years (2017). How long is your PhD course, and that should be the end date of your CAS. You need to rectify this before you apply.

I asked the person who issued it, and was told that this is the standard time given for the completion of a DPhil (this is what the PhD is called at Oxford). Of course, the nature of the PhD is that I may finish earlier - it depends on how the data collection goes.

I have had a read of other universities' websites and they state that in my situation I should be fine - but will not be able to apply for a second PhD since the 8 year rule will kick in at that point. I am not planning to apply for study after this PhD, so that's no problem.

[Lucapooka]

I have had a read of other universities' websites and they state that in my situation I should be fine - but will not be able to apply for a second PhD since the 8 year rule will kick in at that point. I am not planning to apply for study after this PhD, so that's no problem.

I tend to disagree but would appreciate more comments. My interpretation of para 87 is that this applies to you now. Your application will take you beyond 8 years

.......[...] providing that on completion of the PhD, the time spent in Tier 4 (General) student category will not exceed 8 years. If, as a result of the application for an extension of leave, the time spent in the category would exceed 8 years, the extension application will be refused

[afriley]

I have had a read of other universities' websites and they state that in my situation I should be fine - but will not be able to apply for a second PhD since the 8 year rule will kick in at that point. I am not planning to apply for study after this PhD, so that's no problem.

I tend to disagree but would appreciate more comments. My interpretation of para 87 is that this applies to you now. Your application will take you beyond 8 years

.......[...] providing that on completion of the PhD, the time spent in Tier 4 (General) student category will not exceed 8 years. If, as a result of the application for an extension of leave, the time spent in the category would exceed 8 years, the extension application will be refused

This is what confused me as well - but about 5-6 university web-sites overtly state that this only applies to second PhDs... I have, naturally, sent a query to my university as well, but will also appreciate more comments.

The guidance on the CAS I was sent referred to second PhDs as well. As does the Cambridge website:

"In general, you are limited to studying a maximum of five years, if you are studying at undergraduate and/or Masters level. The UKBA allows you more time if:

you are undertaking a PhD/Eng D. (Although the UKBA will not grant you, a further student visa if on completing your PhD/EngD you held a student visa for more than eight years.)"

...and Leeds:

"if your Tier 4 application is to study a PhD at a higher education institution, there is no limit while you are studying the PhD.
if you have already completed a PhD, any new Tier 4 application is subject to an 8-year limit (including courses below degree level)."

and others, too... I hope they are not wrong!

[Lucapooka]

there is no limit while you are studying the PhD.

I can't see where anything in the guidance that would permit them to make this statement.

[afriley]

there is no limit while you are studying the PhD.

I can't see where anything in the guidance that would permit them to make this statement.

I agree - even though it is qualified via the 8 year rule mention.

UKCISA also states that:

"If the applicant has completed a course leading to the award of a PhD in the UK, the grant of entry clearance the applicant is seeking must not lead to the applicant having spent more than 8 years in the UK as a Tier 4 (General) Migrant, or as a Student."

This is so confusing...

[Deviser]

This is so confusing...

Nothing is confusing there. Bear in mind whatever Universities are saying on their website is not important coz they are not going to provide you visa extension. Its UKBA who will grant you visa and their current rules clearly states that you are subject to 8 years total visa limit.