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frantzgregory
frantzgregory, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 560
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I have a couple queries regarding tier 4 visa which requires

Customer Question

Hi, i have a couple queries regarding tier 4 visa which requires your advice.
My first Enquiry is about the 5 year Study limit;
5 Year study Limit Calculation:-
1st visa granted for UK for DFP (level 3) valid from 26/05/2010 until 20/07/2011. ( would not be counted towards the five year study limit because it’s a below degree level programme ).
2nd Visa granted for Uk for BA (Hons) in Business Administration (Visa extension in the UK)
valid from 19/10/2011 until 20/04/2014 ( college surrendered their license on 12th october, 2011 received the visa on 19th oct, 2011, so could not use the visa according to the rules and have to find a new college and needs to make a new tier 4 student visa application, so I left the country on 31st oct, 2011. ( visa was not used for studying even a single day of the course so wouldn’t be counted towards the 5 year study limit. The only time that would be counted when i made application to the Home office in July, 2011 and then left the country on 31st oct, 2011 which makes it 4 months. (if counted? then it’s 4 months counted towards the 5 year study limit.
3rd visa granted for UK was for BA (Hons) In Accounting and Financial Studies valid from 01/03/2012 until 18/06/2015. Visa was curtailed until 28/04/2015 so this will makes it 38 months in total.
so the total time spent on a student visa in UK till now is 42 months altogether and i still have 18 months left towards the 5 year study limit.
Question;
I have mentioned about the 5 year limit above and calculated the time by putting in my own research from internet and other sources. Could you please tell how much time is exactly left on my tier 4 visa keeping in mind the 5 year study limit?
once i get the answer to my first question then i will send out the next question/enquiry.
Your earliest response and advice would be highly appreciated.
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  frantzgregory replied 1 year ago.

Hello

Thank you for your enquiry.

Re:2nd visa granted - If when your college lost their licence on 12th October 2011, your visa would have been curtailed. The Home Office will take the date the curtailed leave expired and not when you left the country. The time counts from when leave is granted and not when you apply for leave. Your 4 months calculation is not correct.

Re 3rd visa granted - The time counts from grant of leave to curtailment date.

Once you have rated my first answer I can answer your second question.

Customer: replied 1 year ago.
Hi, Thank you for your reply. I will write it down in detail about all the visa's I had been granted for UK, so please tell me how much time I have already spent towards the 5 year study limit & how much time is left.1st visa granted for UK for Degree Foundation Programme (DFP) (level 3) valid from 26/05/2010 until 20/07/2011.2nd Visa granted for UK for BA (Hons) in Business Administration (Visa extension in the UK)
valid from 19/10/2011 until 20/04/2014 ( college surrendered their license on 12th october, 2011 received the visa on 19th oct, 2011, so could not use the visa according to the rules and have to find a new college and needs to make a new tier 4 student visa application, so I left the country on 31st oct, 2011. ( visa was not used for studying even a single day of the course). I didn't receive any curtailment letter before leaving the country on 31st oct,2011.As I had left the country on 31st oct,2011 and applied to the new college in dec,2011, after getting the CAS letter in feb,2012 I submitted my visa application to the UK embassy in my home country and wrote them a letter in which I stated about how my college got closed down and I was granted a visa but I cannot use that visa for studies and needs to make a new application etc etc. I have also told them that I didn't receive any curtailment letter till date before submitting my application for my 3rd visa in feb,2012. on 1st March,2012 I got the decision and my visa application was successful and I was granted a visa for UK for the 3rd time.3rd visa was granted for UK was for BA (Hons) In Accounting and Financial Studies valid from 01/03/2012 until 18/06/2015. Visa was curtailed until 28/04/2015.
As I had received the curtailment letter by email when my 3rd visa was curtailed until 28/04/2015 but I didn't receive any curtailment letter for my 2nd visa, so how would I know until when my visa was curtailed? is there any way I can know about it?keeping in mind the above scenario could you please tell how much time I have already spent in the UK on a student visa & how much time is left towards the 5 year study limit?Your earliest response in detail would be valuable.
Expert:  frantzgregory replied 1 year ago.

I am sorry what you are asking for is beyond what I am allowed to provide in terms of support. I have given you the information you require to work out for yourself the time you have spent in the UK. If you want precise times you will need to seek independent legal advice.

frantzgregory and 2 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi, you have not given a satisfactory answer to my questions and I'm still waiting for your call as well..
Expert:  frantzgregory replied 1 year ago.

You would find that JA rang you for over 15mins i was on the phone. Your question has been answered.

Customer: replied 1 year ago.
Hi, I didn't receive any call from you as i'm waiting for it since yesterday, That's not fair sir..
Expert:  frantzgregory replied 1 year ago.

I did not make the call personally as I am not allowed to. JA made the call through their switchboard. It rang for over 15mins. I was on the phone waiting but no answer. Your questions have been answered any way so I am not sure I understand what the problem is

Customer: replied 1 year ago.
Hi, first of all i didn't get any call if i would have got a call then i should have attended the phone for sure as i'm waiting for it since yesterday, secondly i'm not satisfied with answer that you have given, that's not the answer that i was looking for. You did not answer my question properly and you took off the money.... That's not fair sirI requested you tell how much time is left towards the 5 year study limit according the above mentioned scenario and you told me get a legal advice then for what i had paid you? i'm not at all satisfied with your answer and service.
Expert:  frantzgregory replied 1 year ago.

Sorry I am unable to assist you any further.

Customer: replied 1 year ago.
Hi, Please refund my money as you have not given a satisfying answer to the question asked and i'm not happy with the service provided.. Thanks