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Regraded from PhD to MPhil - Visa Refused

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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ae171523
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Posts: 4
Joined: Mon Jan 29, 2024 10:31 pm
United Kingdom

Regraded from PhD to MPhil - Visa Refused

Post by ae171523 » Mon Jan 29, 2024 10:59 pm

Hi all, my visa has been refused following my application to switch from my current PhD visa to an MPhil visa. I applied from within the UK given my circumstances that I just delivered a baby.
My university was aware of this that the new CAS they issued was meant for an application in the UK. Apparently the reason for the refusal is because there is no academic progress (from RQF 8 to RQF 7). Does anyone know if the rules apply the same for an application to switch made from outside UK? I have been in the country from 2016 (on student dependent previously) and had a child turning 7 in Aug 2024 which qualify her for an ILR this year.If I return and apply to switch from outside UK, will it break my cycle from 2016 and start new? On the other hand, I could apply for an administrative review for this refusal just that I cant quite think of what to say. Can anyone advice?

Just clueless and stressful here. Thank you for reading and thank you in advance for your kind assistance.

sah10406
Diamond Member
Posts: 3630
Joined: Sun Apr 20, 2008 11:09 am
United Kingdom

Re: Regraded from PhD to MPhil - Visa Refused

Post by sah10406 » Tue Jan 30, 2024 9:09 am

ae171523 wrote:
Mon Jan 29, 2024 10:59 pm
My university was aware of this that the new CAS they issued was meant for an application in the UK. Apparently the reason for the refusal is because there is no academic progress (from RQF 8 to RQF 7). Does anyone know if the rules apply the same for an application to switch made from outside UK?
No. Academic Progress is only specifically required for an application made in the UK, not an application made outside the UK.

I strongly advise looking into this with the international student advice person at the university. The university does not want a refusal on its record either, so if it can be challenged through an admin review they will help you.

There will only be grounds for an AR if the caseworker has made a mistake, not if you or your university has made a mistake.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

razergd1
Member
Posts: 120
Joined: Tue Oct 18, 2022 10:51 pm
Israel

Re: Regraded from PhD to MPhil - Visa Refused

Post by razergd1 » Tue Jan 30, 2024 8:16 pm

Is the MPhil in the same subject?
Is your transfer resulted from your confirmation review?
I think if that's the case you should definitely consult the university.
A transfer from PhD to M.Phill is a common practice I don't exactly know what it means in terms of progress from UKVI point of view but I can't see how this can't be allowed.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.
I take no responsibility for following them.

razergd1
Member
Posts: 120
Joined: Tue Oct 18, 2022 10:51 pm
Israel

Re: Regraded from PhD to MPhil - Visa Refused

Post by razergd1 » Tue Jan 30, 2024 8:23 pm

razergd1 wrote:
Tue Jan 30, 2024 8:16 pm
Is the MPhil in the same subject?
Is your transfer resulted from your confirmation review?
I think if that's the case you should definitely consult the university.
A transfer from PhD to M.Phill is a common practice I don't exactly know what it means in terms of progress from UKVI point of view but I can't see how this can't be allowed.
Just looked at university of Cambridge advice.
According to their website, a change from PhD to M.Phil is not allowed in the country.

So it appears that you will have to make the application outside the UK. I suggest you contact you university international student support and discuss with them as soon as possible.

https://www.internationalstudents.cam.a ... a%20policy.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.
I take no responsibility for following them.

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Frontier Mole
Respected Guru
Posts: 4430
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Regraded from PhD to MPhil - Visa Refused

Post by Frontier Mole » Tue Jan 30, 2024 9:27 pm

If / when you apply for the lessor course overseas there is a high probability that it will be refused. There is a presumption that education is a continuous progression and hence dropping down to less than PhD (as this was your last grant) is unlikely to be readily accepted.
I would talk to the university before deciding what your next steps are.
Your refusal will not help either.

ae171523
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Posts: 4
Joined: Mon Jan 29, 2024 10:31 pm
United Kingdom

Re: Regraded from PhD to MPhil - Visa Refused

Post by ae171523 » Tue Jan 30, 2024 11:06 pm

razergd1 wrote:
Tue Jan 30, 2024 8:16 pm
Is the MPhil in the same subject?
Is your transfer resulted from your confirmation review?
I think if that's the case you should definitely consult the university.
A transfer from PhD to M.Phill is a common practice I don't exactly know what it means in terms of progress from UKVI point of view but I can't see how this can't be allowed.
In the same subject but was regraded to MPhil following an internal review. I don't see why this can't be allowed to but apparently, I have to do a new visa for this purpose.

ae171523
Newly Registered
Posts: 4
Joined: Mon Jan 29, 2024 10:31 pm
United Kingdom

Re: Regraded from PhD to MPhil - Visa Refused

Post by ae171523 » Tue Jan 30, 2024 11:13 pm

sah10406 wrote:
Tue Jan 30, 2024 9:09 am
ae171523 wrote:
Mon Jan 29, 2024 10:59 pm
My university was aware of this that the new CAS they issued was meant for an application in the UK. Apparently the reason for the refusal is because there is no academic progress (from RQF 8 to RQF 7). Does anyone know if the rules apply the same for an application to switch made from outside UK?
No. Academic Progress is only specifically required for an application made in the UK, not an application made outside the UK.

I strongly advise looking into this with the international student advice person at the university. The university does not want a refusal on its record either, so if it can be challenged through an admin review they will help you.

There will only be grounds for an AR if the caseworker has made a mistake, not if you or your university has made a mistake.
Thank you and if my dependants' visa expires (till Sept 2025), do I also have to make a new one for them? (say if the AR is rejected and I have to go back and do it from outside the UK). It's still under the same type of visa (in this case Student Visa) though.

ae171523
Newly Registered
Posts: 4
Joined: Mon Jan 29, 2024 10:31 pm
United Kingdom

Re: Regraded from PhD to MPhil - Visa Refused

Post by ae171523 » Tue Jan 30, 2024 11:15 pm

razergd1 wrote:
Tue Jan 30, 2024 8:23 pm
razergd1 wrote:
Tue Jan 30, 2024 8:16 pm
Is the MPhil in the same subject?
Is your transfer resulted from your confirmation review?
I think if that's the case you should definitely consult the university.
A transfer from PhD to M.Phill is a common practice I don't exactly know what it means in terms of progress from UKVI point of view but I can't see how this can't be allowed.
Just looked at university of Cambridge advice.
According to their website, a change from PhD to M.Phil is not allowed in the country.

So it appears that you will have to make the application outside the UK. I suggest you contact you university international student support and discuss with them as soon as possible.

https://www.internationalstudents.cam.a ... a%20policy.
Yeah you are not allowed apparently but my university was aware of my situation during the time of application that I just deliver a baby and its quite hard to travel (given the fact I was still hospitalised) during the time that they decided to issue a CAS for an in-country application.

sah10406
Diamond Member
Posts: 3630
Joined: Sun Apr 20, 2008 11:09 am
United Kingdom

Re: Regraded from PhD to MPhil - Visa Refused

Post by sah10406 » Wed Jan 31, 2024 9:41 am

ae171523 wrote:
Tue Jan 30, 2024 11:13 pm
sah10406 wrote:
Tue Jan 30, 2024 9:09 am
ae171523 wrote:
Mon Jan 29, 2024 10:59 pm
My university was aware of this that the new CAS they issued was meant for an application in the UK. Apparently the reason for the refusal is because there is no academic progress (from RQF 8 to RQF 7). Does anyone know if the rules apply the same for an application to switch made from outside UK?
(say if the AR is rejected and I have to go back and do it from outside the UK).
What were the grounds for the AR? The refusal appears to have been correct, so there are no grounds for an AR. Has the university encouraged you to do an AR for some reason?
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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