Changing course/university

Hi all,

Wish members of the forum are keeping well, and i pray we all stay uninfected from covid 19.

Posting this on behalf of a friend from India.

He arrived in the UK beggining of March this year, course started around 5th of march or same week.

Student applied for course A, he was initially offered a place but univeristy suddenly said the places are full. Student is in India at this stage.

The university agents in India advised him take course B as places are available and apply for change of course after arrival in the uk.

Student followed the advise and unicersity is now suggesting that he returns to India and applies again with new cas and are refusing to refund 100% amount paid, he paid 7500 refund offered is 4000 pounds. To me it all sounded like taking advantage of vulnerable. Hence I am here seeking your advise.

From my initial review of the home office policy on this, it appeara he can indeed change course within UK as long as duration of visa covers the new course. But please can anyone advise why university may be denying this?

Can student at least seek 100% refund whole 7500 if he wishes to go back home? And how can he go about doing this.

Trying NSU but appears they are busy/shut for coronavirus situation.

Thank you for your help.

He can change course at the same university if he meets all the requirements of paragraphs 245ZW(c)(iv)(2)(b) of the immigration rules:

1. the course is taught by a higher education provider with a track record of compliance which is also the sponsor,
2. the course is at degree level or above,
3. the new course is not at a lower level than the previous course for which the applicant was granted leave as a Tier 4 (General) Student [...],
4. the sponsor has Tier 4 Sponsor status,
5. if the course is at degree level, the applicant will be able to complete the new course within their extant period of leave, and
6. if the applicant has previously been granted leave as a Tier 4 (General) Student or as a Student, the sponsor confirms that:
a. the course is related to the previous course for which the applicant was granted leave as a Tier 4 (General) Student or as a Student, meaning that it is either connected to the previous course, part of the same subject group, or involves deeper specialisation, or
b. the previous course and the new course in combination support the applicant’s genuine career aspirations,

The university appears to think he does not meet all these requirements. I assume they have explained why not. If not, he should ask.

Either the university or their agent appears to have given him wrong information, so he may wish to check how to make a formal complaint about it.

Thank you for your reply. We have now raised a formal complaint. The issue from what I understood speaking to the university is the course is full in its capacity for Feb and September intake and they do not want him be strangled here without being enrolled in a course.

Student is happy to go back, however, university are saying 3500 will not be refunded. Its a huge loss given student paid for rest of the expenses including travel, accomodation etc.

Finally a formal complaint has been lodged but once again thank you for your advise.

solomondid wrote: ↑

Tue Mar 31, 2020 9:36 am

they do not want him be strangled here

I should hope not.

Hello
Sir/Mam,
I am undergraduate student and came in Feb 2020.The course I am doing is not quite right I feel so, and university does not have that course. Can I able to change my university without going back to my home country? Please guide me I am very confused.

Lovely Jaat wrote: ↑

Mon Apr 06, 2020 4:13 pm

Can I able to change my university without going back to my home country?

No.

Paragraph 258 of the Tier 4 policy guidance confirms that

If you change to a course with a different sponsor [...], you must apply again under Tier 4, with a CAS from your new sponsor.

For a Tier 4 application made in in the UK, paragraph 330 confirms that

The academic progression rule is in place to ensure that you are progressing academically if you wish to study a further course in the UK and are not merely seeking to extend your stay in the UK. If you have previously had permission to stay as a Student or a Tier 4 (General) Student, then your Tier 4 sponsor can only give you a CAS for a new course, if your new course represents academic progress from your previous studies.

and paragraph 337 confirms that Academic Progress includes the requirement that

you must have successfully completed (meaning you have achieved the qualification for which you were studying) the course for which you were last granted Tier 4 leave [...]

Hence your new CAS could not confirm Academic Progression, and so you can only apply outside the UK. Paragraph confirms that you do not need Academic Progression if

you are making a Tier 4 (General) application from overseas;