You should provide the new course start date which reflects the need to extend your visa. As you mention, if you use a 2012 start date, a caseworker may wrongly assess the level of maintenance you are required to evidence as part of your application.
You are correct that there are limits on the amount of time that can be spent studying on Tier 4, which correspond with the level of further study being undertaken. Where someone has already completed a course leading to the award of a PhD in the UK, any further grant of leave sought must not lead to the applicant spending more than 8 years in the UK as a Tier 4 Student. Applicants that are in the process of completing a PhD can, however, consider applying under the Doctorate Extension Scheme within 60 days of the expected end date of their PhD. Leave on this scheme will be granted for 12 months commencing on the expected end date of their PhD course. You may wish to refer to the Tier 4 Policy Guidance for further information: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/453913/T4_Migrant_Guidance_August_2015.pdf.
You should also beware that Tier 4 is subject to recent changes, including to the amount of maintenance required, which is due to increase from 12 November 2015.
Thank you for getting back. Its ok for the delay as you would be busy and I completely understand. Really appreciate your feedback.
With regards to the query, it is actually relating to my case. The issue is that I self-represented my case and won it in the First Tier Tribunal so I don't know who else would be able to answer my query but I can only provide the best of the information relating to my situation if you need.
Currently I am waiting since long as the appeal is pending approval to go into Upper Tribunal after Home Office request for permission to appeal was made. As I applied to one of the full time jobs they raised this query which became an obstacle to getting the offer as they need to be satisfied.
Although your mother didn't have sufficient funds 5 years ago, if she can now demonstrate that she has sufficient funds, then she would be able to sponsor your new application. If she hasn't paid tax when she should have, this may cause a problem for her and should be discussed with an accountant.
You could be your own sponsor providing you can show that you have sufficient funds and can support yourself, alternatively any other relative could sponsor you. You must be able to show that the funds will be sufficient for you to be supported without working and without relying on public funds and that you can pay for your return journey.
Unfortunately, it is not permitted for a person to spend more than 5 years in the Tier 4 (General) category (excluding 1 year working in a student sabbatical role), therefore you would be unable to study your degree beyond these 5 years under this category.
Before your visa expires you would be able to explore options to switch into another category that you may be eligible to make an application for, such as the spouse/partner of a person present and settled in the UK. If you are in a relationship that would mean you were eligible to make an application for this visa, it is worth noting that you would be able to study freely whilst on this visa.
Another option is a Tier 2 (General) visa, where you would need to obtain an offer of employment from an employer who holds a sponsor license or is willing to obtain one.
You are able to switch from a Tier 2 (General) visa into the Tier 4 category from within the UK.
However, it is worth noting that you can only spend a maximum of 5 years studying in the UK on a tier 4 visa. You must also be able to show academic progression, meaning that during your last grant of leave you obtained a master’s in business administration, your next course must be at PhD level. Although, exceptional consideration may be given to someone who wishes to study at the same level if the course supports their career aspirations.
On a Tier 4 visa you are only permitted to work for 20 hours per week.
Your dependents are permitted to work as long as the main applicant has leave for at least 12 months and is studying at degree level.
In regards to finances, you must first be able to show that you have enough funds to pay for the first year of your course. You will also need to show enough funds to cover 9 months living costs. This rate is set at £1015 for any areas outside of London and £1265 per month within London. You will also have to show another 9 months living costs at £845 per month within London and £680 per dependent from areas outside of London. This money must have been held for at least 28 days.
Unfortunately I would not be able to advise you on which University to choose.
Please let me know if you have any further questions.
You could put down both addresses on the application form and explain this in a supportive letter, however, as only one of the properties was yours you could just put down that address, rather than your partners.
In order to be eligible for a Tier 4 (General) visa you must have a certified CAS from the University and evidence that you have the funds in order to maintain yourself in the UK. The funds you will need to evidence would depend on where the University is within the UK and the length of your course.
If you have not yet paid your tuition fees you would need to show that you have held the fees, along with the maintenance funds, for the minimum of 28 days prior to making the application. Your previous refusal should not affect your application as this is in a different visa category.
If you have any further questions or would like assistance with this application please do not hesitate to contact us directly.
The fact that your husband is in the UK should not affect your application for a Tier 4 visa as long as you have a CAS from the University and meet all of the requirements.
Visit visas are considered differently and the caseworker assessing your visit visa may not have been satisfied that you planned to leave the UK at the end of your visit due to having family ties in the UK.