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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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5 years cap rule

Resolved Question:

UK Immigration Law - if you went on an interruption of studies (hence visa curtailed) under Tier 4, and came back on new visa in order to resume your studies, does the period that you have not spent in the curtailed visa count towards 5 years cap under Tier 4 Student Visa?

Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question.
This is a grey area and it is arguable that you were actually not studying at the time of curtailment and therefore it should not be counted towards the cap.
This point is something that you would need to make the home office aware of when you submit the application and then explain why you feel that the period under curtailment was not spent studying and due to this you were unable to complete your academic year and thus need to start this again when you commence your year upon entry to the UK.
It will then be up to the home office to consider your request and issue the visa for the duration.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Expert:  UK_Lawyer replied 2 years ago.
I hope this answers your question, if so please provide a rating so I can get credited for my time.
Kind regards
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