MPhil and time-cap, Cambridge refuses issuing CAS

[1vz13]

Hello,

I am writing in this forum in a hope to seek a way to gain a Tier-4 visa for my MPhil masters course.

Let me explain my situation quickly. I left my first university because I didn't enjoy it and moved to a new university and to a different course. I have successfully graduated last year but my tier-4 time cap is full. (5 years and x months).

I do regret not leaving my first university sooner, but because my parents insisted me to stay and carry on studying I left university late. But no point in whining here. What is done is done.

Because I wanted to do a masters course in UK. I looked at T4 documents (https://assets.publishing.service.gov.u ... r_2019.pdf) regarding the time limit, and I found this exemption list. (Page 67, section 296)

The time that you can spend studying at degree level or above, as a Tier 4 (General) Student from the age of 18, is limited to five years, unless any of the following applies:
- ...
- Research Masters Degree (as listed in Annex 3 of this guidance)
- ...

And Annex 3 （page 105) contains:

MPhil - Master of Philosophy

To confirm my understanding I have consulted a visa specialist in the international team in my university, where he told me that:

UKCISA have confirmed that they agree with our understanding of the above, meaning that:
As the MPhil is a listed Research Master’s Degree in Annex 3 of the Policy Guidance, this means that the cap will not apply to you while studying the MPhil. This would be the same for other qualifications in that list too. As the MPhil at Cambridge that you showed me is also less than 13 months long, it means that if you progress onto a PhD after the MPhil, the cap will still not apply to your PhD either.

So I applied to Cambridge and secured an offer in MPhil Advanced Computer Science course.
However, when I requested a CAS number from the international office at Cambridge. This was the response I've got.

The MPhil in Advanced Computer Science is not a research Masters programme; it is a taught Masters and this information was provided to you in your offer letter. Only research Masters are exempt from the 5 year Tier 4 time-limit. From the correspondence you have provided, it seems to have been assumed your MPhil would be exempt as it is listed as one of the qualifications in Annex 3 of the Tier 4 Policy Guidance but this would only be applicable if the particular course you were undertaking was defined as a research Masters.

Well, what a bummer. I called up UKVI and asked if the response from Cambridge is indeed correct. The lady at UKVI, who was very friendly actually, told me there is no clear rule regarding this written in the T4 documents and she would automatically assume any Mphil would be exempt from the time limit, because it is in Annex 3, and it makes no distinction where it is a 'taught' MPhil or not. She told me it's really unfortunate that Cambridge doesn't issue me CAS and if they don't do that she suggested me to consider other MPhil courses.

So that was Aug 2019 and as Cambridge uni didn't issue me CAS I wasn't able to enrol the master's course. It was such a huge let down for me and I went through depression for several months.

Because I really wanted to go to that course at Cambridge, I love the city and the whole atmosphere and really didn't want to go to any other course. So I have re-applied to 2020 entry and have gotten accepted to the course again. Now the problem is obviously, the visa. I will be making a tier 1 and tier 5 applications this year in order to increase my chances but I was wondering if there would be any way for me to secure T-4 visa because the regulation is unclear?

Tier 1 (Difficult..) and Tier 5 (lottery-based) are both extremely difficult to get for a student so I really want the Tier 4 visa.

Thank you for reading and I wish you a nice day.

[CR001]

Which tier 1 were you planning on applying for exactly?

[1vz13]

That would be Tech Nation tier 1 Exceptional promise. That's the only one I could apply as a tech student.
Seems like I would only have a very slim chance though.

[CR001]

That would be Tech Nation tier 1 Exceptional promise. That's the only one I could apply as a tech student.
Seems like I would only have a very slim chance though.

Tier 1 is no longer available. It is now the global talent visa. Endorsement is not easy to get.

Also, the tier 4 guidance is very clear on what courses are exempt form the cap. Your course is not one of them as clearly stated in the guidance notes, only the Mphils listed are exempt.

[1vz13]

Thank you so much for your answer. I can see that Tech nation page does automatically re-directs to the global talent visa page when I press 'start application' button. I too also believe that the chance for me to gain an endorsement is slim.

Regarding your second paragraph, can you kindly tell me where in the T4 guidance notes (https://assets.publishing.service.gov.u ... r_2019.pdf) has the list of MPhils?

Annex 3
Master’s Degrees*
MSc (Res) - Master of Science by Research
MMA - Master of Musical Arts
MRes - Master of Research
MPhil - Master of Philosophy
MLitt - Master of Letters

This is the only thing I could find. By the way, thank you so much for such a prompt reply.

[CR001]

MPhil in Advanced Computer Science

Your course is not on the list.