영국 학생비자 5년 - yeong-gug hagsaengbija 5nyeon

[영국 학생비자] 5년 타임캡 (5 year study limit) - NQF, 대학 학부 & 대학원 과정

영국 학생비자 신청을 할 때 공부할 수 있는 시간이 제한되었다.

Tier 4 General 비자 신청하는 경우, NQF, 대학 학부 & 대학원 과정 비자신청자는 최대 5년이상 학생비자 신청을 못하게 되어

있다.

영국 대학이 3년 과정이므로 5년이면 충분할거 같지만 혹시 대학을 바꾸거나 남학생들이 중간에 한국 군대를 간다고하면

대학 졸업을 못하는 현상이 발생할 수도 있으니 시간책정을 잘 해야 한다.
학부 & 석사과정 (대학 3년 + 대학원 1년 과정)을 5년에 끝낼 수도 있지만 시간이 모자란 학생이 나올수도 있다.

영국 대학의 일부 학과나 스코틀랜드 대학의 경우 4년 또는 5년 과정의 학과가 있는데 이 과정을 5년 타임캡 적용을 하여 현재

매우 애매한 상황에 놓은 학생들이 있다. 아직 영국 이민국에서 정확히 이들 학생들에 대한 답변을 안하고 있어 이들 학생은

좀더 지켜봐야 하며 또 갑자기 병이 생겨 어쩔수 없이 학업을 못하는 학생들도 5년 타임캡 적용을 놓고 의논중이다.

하지만 현재까지는 이들학생들 모두 5년 타임캡에 적용대상으로 비자 발급하고 있다. (추후 변경 가능???)

영국 대학의 4년과정의 학과, 스코틀랜드 4년과정 대학을 졸업한 학생이 대학원 진학을 할 경우만 6년까지 비자신청이 가능하다.

단 예외는 Tier 4 Child 비자, 가족 동반비자, Tier 5 비자로 공부한 경우는 이 시간제약에서 제외된다.

또한 실제 공부한 시간을 기준으로 하는것이 아니라 비자 발급기간을 기준으로 5년 기간을 정하기때문에 시간책정을 잘 해야

한다.

What is the 5 year study limit and how will it affect me?

The five year limit applies to all degree level study undertaken in the UK on either a Tier 4 (General) Student visa or on a

Student Visa issued before 31 March 2009, commonly referred to as a General Student, or 'old style' Student visa.

If you are making an application to enter or remain in the UK and if that permission were granted it would result in you

having spent more than five years studying at degree level in the UK, your application is likely to be refused, unless you

qualify for one of the exceptions as detailed below.

What counts as a 'degree level' course?

'Degree level' is defined in the UK Immigration Rules as a course which leads to a recognised UK degree at bachelor's level

or above, or an equivalent qualification at level 6 or above of the revised National Qualification Framework (NQF), or level 9

or above of the Scottish Credit and Qualification Framework.

Postgraduate Research degrees, as defined by Annex 6 of the Home Office Tier 4 policy guidance and taught at NQF level 8

are not included in the five year limit; subsequent UK study at NQF level 8 will be subject to an eight year study limit which

is also backdated.

How will the Home Office calculate the duration of my study?

For a Tier 4 visa application submitted before 10 August 2015, the Home Office will base their calculation on the course

start and end dates given on visa letters or CAS used in previous visa applications to enter or remain in the UK and the

CAS submitted with the current visa application.

Students on courses of 12 months or more are granted permission to enter the UK up to one month prior to the course

start date and granted permission to remain in the UK for four months after the course end date; these additional periods

of leave granted before and after the course start dates should not be included when calculating whether a migrant has

exceeded the time limit.

For a Tier 4 visa application submitted on or after 10 August 2015, the calculation will be based on the duration of the visa

(from the 'valid from' date to the 'valid until' date).

When calculating the 5-year study period caseworkers will not include any time spent in the UK as a Tier 4 (Child) Student,

or any time spent in the UK as a Tier 4 (General) Student aged 16 or 17 years.

Are any courses exempt from the 5 year study limit? (5년 타임캡 예외 학과)

Yes. The Home Office have exempted the following courses from the 5 year limit:

- Architecture

- Medicine; Dentistry; Veterinary Medicine and Science

- Music at a music college that is a member of Conservatoires UK (CUK)

- Law, where the applicant has completed a course at degree level in the UK and is progressing to:
a law conversion course validated by the Joint Academic Stage Board in England and Wales,
a Masters in Legal Science (MLegSc) in Northern Ireland,
an accelerated graduate LLB in Scotland
the Legal Practice Course in England and Wales
  the Solicitors Course in Northern Ireland
a Diploma in Professional Legal Practice in Scotland
  the Bar Professional Training Course in England and Wales
  the Bar Course in Northern Ireland.

Students should note that the April 2015 version of the Tier 4 policy guidance states that time spent studying on an exempt

course will only be discounted from the maximum period of study if you are studying or applying to study such a course.
Previous study on an exempt course will not be discounted.

I started my course on a Dependant visa, will this be included in my study calculation?

No. Periods of study undertaken on a Dependant/Spouse visa or any other visa issued under the Points Based System,

such as Tier 2, will not count toward the study limit.

The Home Office will only look at study done on a Tier 4 (General) Student visa or on a General Student Visa issued before

the introduction of the Points Based System when calculating whether a migrant has exceeded the time limit.

If you started your course on a Dependant visa and then later switched into Tier 4, your study calculation would start from

the time your Tier 4 (General) Student visa was issued.

I did a four year Undergraduate course, is my study limit still 5 years? (4/5년 과정 학과의 경우)

If the normal duration of your undergraduate course was four or five years then when you apply for a Master's degree,
your study limit is extended to a total of six years. This means students enrolled on a four year course with a year abroad or an MEng programme with an intercalated year, for example, must not exceed a maximum of six years study in the UK at
degree level when they apply for a Master's degree.

This also applies to students who studied an Undergraduate degree in Scotland where the normal duration is four years.

If you take four years to complete a degree which is ordinarily three years in duration your study limit will still be a maximum
of five years, therefore any future visa applications which would take you over five years total study in the UK are likely
to be refused. This may apply to students who took a period of temporary withdrawal, have been re-sit without residence
or who have restarted on a different course after a year of study elsewhere.

I took temporary withdrawal for a year, will this be included in my study calculation?

It is unclear whether the Home Office will include periods of temporary withdrawal (TWD) in their study calculations.
The Home Office modernised guidance for caseworkers (v.17.0 17/Jan/2014) states that they must consider the full course period when calculating the duration of study unless there are interruptions to study where 'compelling and compassionate
circumstances' (for example, serious illness or disability)' may need to be taken into account.

When a Tier 4 student takes temporary withdrawal from their studies the University is obliged to report this to the Home
Office in accordance with our sponsor licence duties. This report will usually trigger curtailment action from the Home Office
to shorten the visa issued for the study period.

The Home Office have not clarified whether periods of curtailed leave will be counted as part of a student's time spend
studying in the UK. Students should always seek to leave the UK during periods of TWD and are advised to keep boarding
passes and to ensure that their passports are stamped on exiting the UK/re-entering their home country so that they can
present evidence of having voluntarily left the UK should they need to.

I started a course of study but did not finish and permanently withdrew, will this be included in my study calculation?

Yes. When calculating the duration of study caseworkers will include time spent on all courses in the UK, not just those
that were sucessfully completed. Any study done before the previous sponsor institution reported your withdrawal to the
Home Office will be counted toward the 5 year study limit.

I have completed a 3 year Undegraduate degree and a one year Masters in the UK, now I want to do a PhD
will this come under the 5 year study limit?

No. PhD and Research Masters taught at NQF level 8 are exempt from the five year study limit.

You should however be aware of the eight year study limit which may apply to you if you studied a Research Masters which
appears on the Home Office list of acceptable Postagraduate Research qualifications.

What if I have exceeded 5 years of study in the UK and need more time to complete my course?

If you are concerned that the five year study limit may mean that you are unable to complete your course of study you
should contact the Immigration Service for further advice. If there are compelling and compassionate circumstances which
have affected your ability to complete your studies within the usual timeframe, such as illness or disability, it may be
possible for this to be taken into consideration.

Students are advised that the decision to grant further leave to enter or remain in the UK rests with the Home Office;
assignment of a CAS does not guarantee that your visa application will be successful.

Case study examples

Case Study A

Student A has completed a 3 year degree-level Architecture course whilst on a Tier 4 (General) Student visa but has now
decided that he would like to study for a degree in Construction Engineering due to last for 4 years.

Q. Will student A be able to apply for another Tier 4 (General) Student visa to study his 4 year degree
course in Construction Engineering?

A. Yes because the 3 year Architecture course is one of the exempt courses and does not count towards the 5 year cap.

Case Study B

Student B started studying for a 3 year BA degree on a Tier 4 (General) Student visa at the University of Manchester.
She completed the first year but decided she did not like the course and wanted to do a different 3 year BSc degree course
at the University of Liverpool. She transferred to Liverpool but failed some of her modules in the first year of her BSc
degree course and so had to repeat the first year. She has now successfully passed the first year and will now need to
extend her visa to complete the second and third year of the course.

Q. Will student B be able to apply for another Tier 4 (General) Student visa to complete her new 3 year
degree course?

A. Yes because the extension of her visa to complete the new course will only take her time studying in the UK on a Tier
4 (General) Student visa to 5 years. However, as she had then completed 5 years already she would not then be able to
do a further course at degree level or above such as a Masters course.

Case Study C

Student C has studied for 2 years of a 3 year BA degree course but had a PBS Dependant Visa. He has now returned to
his home country and come back on a Tier 4 (General) Student visa to complete the final year. After completing his 3 year
degree course he now wishes to do a further 4 year degree course in a different subject.

Q. Will student C be able to apply for another Tier 4 (General) Student visa to complete her new 4 year
degree course?

A. Yes because the first two years studying on the first degree course do not count towards the 5 years as student C
did not have a Student or Tier 4 (General) student visa at the time. However, student C would also have to demonstrate
that taking a second degree level course represents ‘academic progression’.

Case Study D

Student D has studied a 4 year BSc Degree in the UK which included a year in industry on a Tier 4 (General) Student visa. She now wishes to study a 2 year Master’s course.

Q. Will student D be able to apply for another Tier 4 (General) Student visa to study her 2 year Masters?

A. Yes she will because her BSc degree course was a 4 year degree course so student D is allowed to study for up to 6
years in total to pursue a Masters.

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