Switching University with Tier-4 Visa

Hello,

I am a PhD student currently studying at University of A with a Tier-4 visa expiring in 2028. I have only been at University of A for 5 months.

I have been offered a study opportunity with a small amount of funding and a research topic at University of B. Therefore, I am planning to submit my application to University of B. However, to study at University of B, I will need to obtain a new Tier-4 visa.

My questions are:

1) Do I still need to pay visa fees for a new Tier-4 visa even though I have a valid Tier-4 student visa with current university CAS letter ?

2) When applying for new Tier-4 student visa for University of B, do I still need to pay for the Immigration Health Surcharge (IHS) since I have already paid until 2028?

3) How many days can I stay after cancelling my current Tier-4 visa?

1 - yes you need to obtain and pay for a new visa before you can transfer to your new university. The new university will need to issue a new CAS.
2 - IHS has to be paid again with the new visa application. However you can claim a refund of IHS for the time still remaining on your current visa- However it is important to note you do not necessarily get a full refund as such.
3 - Bit confused about you mean by cancellation. As per the above you will move from one visa to another. There should be no cancellation.

Frontier Mole wrote: ↑

Thu Mar 21, 2024 10:06 pm

2 - However you can claim a refund of IHS for the time still remaining on your current visa-

I disagree. The new Student visa application would not show Academic Progression, and OP would not meet any of the exceptions listed at Appendix Student, paragraph ST 14.4, so they would need to leave the UK and apply in their home country.

https://www.gov.uk/guidance/immigration ... ix-student

As such, no refund of previously paid IHS would be due:

You will not get a refund if:
[...]
you leave the UK before your visa ends, for example to make a new application

https://www.gov.uk/healthcare-immigrati ... on/refunds

ST 14.3. An applicant will show academic progress if they are applying for any of the following:
(a) to progress from a bachelor’s to master’s level course which is part of an integrated master’s course, where the applicant has been offered a place on a higher-level course by the student sponsor after an assessment of their academic ability; or
(b) to progress from a master’s degree to a PhD which is part of an integrated master’s and PhD programme, where the applicant has been offered a place on a higher-level course by the student sponsor after an assessment of their academic ability; or
(c) a course which is above the level of the previous course of study for which they were last granted permission unless:
(i) the student sponsor is a higher education provider with a track record of compliance; and
(ii) the course is at degree level or above; and
(iii) the new course is at the same level as the previous course of study; and
(iv) the student sponsor confirms that either:
(a) the new course of study is related to the applicant’s previous course of study (meaning that it is either connected to the previous course, part of the same subject group, or involves deeper specialisation); or
(b) the combination of the previous course of study and the new course of study support the applicant’s genuine career aspirations.
(c) the applicant has left an integrated master’s or PhD programme having successfully completed the course leading to the award of the lower level qualification which formed a part of that programme.

As the individual is studying at PhD and that is the highest level of degree possible there can be no progression beyond that level. It does not prevent a student undertaking a move from PhD to PhD.
Given the other conditions within ST14.3 it is entirely possible even at a lower level to undertake a similar degree without progression.

I suggest the OP contacts the following to discuss IHS refunds

https://www.immigration-health-surcharg ... uk/contact

Frontier Mole wrote: ↑

Fri Mar 22, 2024 10:42 pm

As the individual is studying at PhD and that is the highest level of degree possible there can be no progression beyond that level. It does not prevent a student undertaking a move from PhD to PhD.
Given the other conditions within ST14.3 it is entirely possible even at a lower level to undertake a similar degree without progression.

I agree they meet ST 14.3(c) re: their course level, but that's not the problem. The concept of "Academic progress" is that whole section, all the requirements of ST 14.1 to ST 14.5, including

ST 14.1. An applicant who has, or previously had, permission as a Student and is applying for permission to stay as a Student must have successfully completed the course of study for which they were last granted permission as a Student

There are some exceptions to that aspect listed (a) to (d), where (a) means all the exceptions in ST 14.4, but OP would not meet any of them. There used to be provision in guidance only for PhD students to meet the general exception from academic progress at ST 14.4(c) and they could switch sponsor (only) if their supervisor had moved to a different university, but that was removed back in 2021, and it never covered a student moving sponsor by their own choice, as here.

ST 14.1 is why no-one can switch Student visa sponsor within the UK without having completed the current course, regardless of whether the course level is acceptable under ST 14.3.

The slightly good news is that ST 14.1 to ST 14.5 are only about "permission to stay" i.e. switching within the UK, so academic progress is not needed or checked for applications outside the UK.

It will be interesting to see what the position the new Uni will take, if they have or are willing to issue a CAS.

Frontier Mole wrote: ↑

Sun Mar 24, 2024 8:32 am

It will be interesting to see what the position the new Uni will take, if they have or are willing to issue a CAS.

I'm sure they will, but probably only when OP has shown that they have returned home in order to apply for the visa.