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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
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Experience:  English Solicitor and UK Immigration Law Expert
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what does case law says about academic progress? if Tier 4

Customer Question

what does case law says about academic progress? if Tier 4 student age 18 plus arrived at uk on 4 October 2009 and completed NQF L5 Advanced diploma from 23 nov 2009 to 14 october 2011, after that applied for further leave to remain at NQF Level 5 Advanced diploma in different subject started from 12 dec 2011 to 31 march 2013, does this satisfy immigration rules? If not, is their any case law in this regard for appeal to the first tier tribunal. what would be the grounds for appeal. refused under paragraph 245ZX(c) & (h) and reason for refusal 1.sponsor has not confirmed that your course represents academic progress and 2. below degree level max period of stay 3 yrs.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

I am happy to deal with your UK immigration law issues. What passport do you hold?

Thank you
Customer: replied 2 years ago.
Bangladeshi student.

precisely my two questions as I mentioned above are:

UKBA refused visa under para 245ZX(c) & (h) of Immigration rules because

1. sponsor has not confirmed that my course represents academic progress in my cas as I am admitted in NQF L5 course, though I have completed NQF L5 Course with other college and different subject previously.

2. Below degree level subject therefore UKBA said entry/leave to remain must not exceed a maximum period of 3 years. entered uk 04 oct 2009. started course 23 nov 2009 to 14 october 2011. Then new course from 12 dec 2011 to 31 march 2013.

They gave me appeal right. what should I do for appeal.
Expert:  UKSolicitorJA replied 2 years ago.
There is no case law yet on the definition of academic progress, it would normally mean progression in your studies e.g. from NQF L5 to NQF L6.

See this official policy document para 63 p. 11: http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/Tier4migrantguidance.pdf

The document also confirms that students on courses below bachelors degree should not be given more than 3 years stay.

You may appeal but I do not see much chance of success.

The appeal procedure will have been given to you. Please click Accept and we can discuss further

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