Warped Factor
I didn't think I was confused about this until I read what others thought!
In my example, I was refering to a non IR pilot, with night rating, being outside a CTR flying at night. He will be flying in VMC (because he has too) but will be IFR (as Lew Ton says).
The difference between his IFR and that of an IR rated pilot is that an IR rated pilot can be in any met conditions or airspace whereas he must be VMC and outside a Class D CTR to be within the limitations of his license.
DB6
If a pilot leaves a Class D CTR SVFR at night, we (ATC) are obliged to ask his intentions on leaving. Will he remain clear of controlled airspace (he'll still be IFR) or request an IFR join to Class A, B or E airspace? If this pilot does not have an IR they must remain outside all of the above classes of airspace (except they can rejoin a Class D CTR SVFR).
Prepares to be contradicted...