8 years cap for a 2nd research degree

[Qilonz]

Dear all,

I need important advice from you guys. I apologize in advance if my written English here is not perfect.

I just got an offer (for 4 years or 48 weeks mentioned on an unconditional letter) to study a Ph.D. degree in the UK, however:

- I was received my first Tier-4 visa for my post-graduate diploma (PGDip), 1 year + 4 months, started on 29/08/2014 and valid until 08/01/2016
- and I was received my second Tier-4 visa for my Master of Science (MSc), 1 year + 4 months, started on 26/08/2015 and valid until 14/01/2017
- then I was received my third Tier-4 visa for my Master of Research (MRes), 2 years + 4 months, started on 25/01/2017 and valid until 29/05/2019

So, I already received the Tier-4 visas for being a student in the UK for like 5 years, if UKVI counts additional weeks after graduation (4 years + additional 12 months).

Accordingly, I would like to ask that I would instantly get reject from UKVI? Due to I only have 3 years left (as 8 years cap) or they would count like I had completed 4 years degrees in the UK (1-PGDip + 1-MSc + 2-MRes), so I still have 4 years quota left until reach 8 years cap?

From the last paragraph, If the former case is correct, then the no.120 on the policy guidance would potentially help me on this (like 5 years limit and 6 years limit), but they did not mention about 8 years limit.

https://assets.publishing.service.gov.u ... 1.2019.pdf

So, if anyone has experience in this situation and could help me calculate and answer my questions. I would appreciate your kind support.

Thank you in advance.

Best Regards

Additional information
- I have not got a CAS yet, so I only received the unconditional offer letter.
- A Visa/PBS team of this University already asked me about all the degrees that I had already completed in the UK before giving me the offer. So, they already have screened my visa case that would be fine, but I still am not sure about this.
- I am waiting for official graduation letter for my MRes degree which will be out on 07/05/2019
- My first and second Tier-4 visas are overlapped. So I suppose that UKVI will count from 29/08/2014 to 14/01/2017 right?

[sah10406]

Accordingly, I would like to ask that I would instantly get reject from UKVI? Due to I only have 3 years left (as 8 years cap) or they would count like I had completed 4 years degrees in the UK (1-PGDip + 1-MSc + 2-MRes), so I still have 4 years quota left until reach 8 years cap?

Yes, but it seems highly unlikely that a Tier 4 sponsor would issue a CAS for such an application anyway.

From the last paragraph, If the former case is correct, then the no.120 on the policy guidance would potentially help me on this (like 5 years limit and 6 years limit), but they did not mention about 8 years limit.

The maximum limit is 8 years, there is no "8 years 11 months" provision as there is for the 5- and 6-year caps.

- A Visa/PBS team of this University already asked me about all the degrees that I had already completed in the UK before giving me the offer. So, they already have screened my visa case that would be fine, but I still am not sure about this.

This seems unlikely. Checking whether you can be sponsored under Tier 4 is a separate matter from whether you can be offered a place on a course, which is purely an academic decision. If they do decide to issue a CAS, you should check with them why they think the cap is not an issue.

- My first and second Tier-4 visas are overlapped. So I suppose that UKVI will count from 29/08/2014 to 14/01/2017 right?

They do not double-count, they count the full period of leave from first day to last day.