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So the 8 years' cap is only for after PhD I suppose? Thank you shaq1.shaq1 wrote:UKBA will issue you visa for 4 years as you are applying for Phd program of a University.
Thank you shaq1shaq1 wrote:As you are going to study Phd so you will not fall under the 8 years cap.
Then I went to check the latest Tier 4 policy guidance which states'87. In addition to the 3 years of permitted study below degree level for Tier 4 (General) students and any time spent in the Tier 4 (Child) category, the time that a Tier 4 student can spend studying at or above degree level will be limited to 5 years, except in the following circumstances:
• Those Tier 4 (General) students studying for a PhD at a Recognised Body or at an HEI 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.'
I guess this is just like what you said, as long as I will do a PhD it is not limited in the 8 years cap, after the completion of PhD if the time spent is over 8 years then I will not be grant any further leave under Tier 4.'105. The time that you can spend studying at or above degree level is limited to five years
unless:
you are studying an acceptable Post-Graduate research qualification which
is listed in Annex 6 of this guidance and is being studied at and awarded by a
Recognised Body or an HEI. If by the time you complete that Post-Graduate
Research qualification, the time you have spent studying in the UK at or above
degree level exceeds eight years, then we will not grant you any further leave in
this category.'
? Thank you very much again.if my visa is refused and I appeal the decision, and if the appeal is dismissed or I chose to withdraw the appeal, do I have the right to make a fresh application (5 days if it is dismissed or sameday if I withdraw)?
not sure if this is correct given:shaq1 wrote:As you are going to study Phd so you will not fall under the 8 years cap.
'87. In addition to the 3 years of permitted study below degree level for Tier 4 (General) students and any time spent in the Tier 4 (Child) category, the time that a Tier 4 student can spend studying at or above degree level will be limited to 5 years, except in the following circumstances:
• Those Tier 4 (General) students studying for a PhD at a Recognised Body or at an HEI 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.'
Hi quantum1, thanks for your reply. The statement you quoted is out of dated I believe, in the latest Guidance it states like this:quantum1 wrote:not sure if this is correct given:shaq1 wrote:As you are going to study Phd so you will not fall under the 8 years cap.
'87. In addition to the 3 years of permitted study below degree level for Tier 4 (General) students and any time spent in the Tier 4 (Child) category, the time that a Tier 4 student can spend studying at or above degree level will be limited to 5 years, except in the following circumstances:
• Those Tier 4 (General) students studying for a PhD at a Recognised Body or at an HEI 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.'
I am just not so sure what it means, I hope it means that they will grant the leave for the full course time but if the time I stay here exceeds 8 years after I complete my PhD, I cannot apply for any FURTHER leave under Tier 4.'105. The time that you can spend studying at or above degree level is limited to five years
unless:
you are studying an acceptable Post-Graduate research qualification which
is listed in Annex 6 of this guidance and is being studied at and awarded by a
Recognised Body or an HEI. If by the time you complete that Post-Graduate
Research qualification, the time you have spent studying in the UK at or above
degree level exceeds eight years, then we will not grant you any further leave in
this category.'
Dear Ditima98,Ditima98 wrote:Sorry dear, I have just gone through your statement once more and here are my views considering your situation;
You currently have 3 years 2 months remaining b4 you hit the 8 years cap.
Options: Go for a 1 year MBA. You will get a 1 year visa. Once you finish, you can still study for an MPhil programme of not more than 2 years duration.
Alternatively, go all out for a strictly 3 years PhD programme. There are many Unis offering 3 years PhDs and since you have two months extra after three years you would get 3 years 1 month visa. Drop that 4 years offer as it will bring alot of misery on you if you accept it because you will be faced with refusal.
Good lucky!
Thank you very much Greenie, i will make the application. However my previous application got refused I am not sure that if I can make the fresh application in 10 working days of refusal in the UK, and if I do make the application will I be protected under 3c/3d during application? If somehow my new application got refused again will I be banned for 1 year?Greenie wrote:The ukcisa guidance is correct. You are misreading the tier 4 guidance. The 8 year cap only applies of you apply fumble further leave under tier 4 after you have completed your PHD
Hi Ditima,Ditima98 wrote:http://www2.warwick.ac.uk/services/inte ... ap_on/#phd
SEE QUESTION BELOW EXTRACTED FROM THE LINK ABOVE:
I have completed a 3 year Undegraduate degree and a one year Masters in the UK, now I want to do a PhD, will this come under the same study limit?
No. PhD and Research Masters taught at NQF level 8 are exempt from the five year study limit. You should however be aware of the eight year study limit which may apply to you if you studied a Research Masters which appears on the Home Office list of acceptable Postagraduate Research qualifications.
______________________________________________________________________________________________________________
hi, Indeed, Greenie is right. The eight year cap limit is applicable to research masters such as MPhil and Masters of Research-see the above link. As for PhD, as long as you have been offered a place and CAS given, you can go for it as long as you have not been on student visa for over 8 years. I mean, lets say you have been on a student visa for seven years and there after you enrol for PhD, you will be given a visa but at the end of your programme you can not apply based on Tier 4 again.
My sincere apologies, I missed this point-these things are just too confusing. So under your circumstances, I am sure you will be given a visa under PhD. By the way, why was your initial application rejected?
Now regarding your re-applying, did you appeal after your refusal? Someone told me that the best way to handle your scenario, is to appeal then latter on withdraw your appeal and submit fresh application the same day of appeal withdraw.