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Similar to COVID-19 and Your Visa (Presentation #2). International Students and Education Providers in Australia. ESOS Act, National Code and CRICOS
Similar to COVID-19 and Your Visa (Presentation #2). International Students and Education Providers in Australia. ESOS Act, National Code and CRICOS (20)
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COVID-19 and Your Visa (Presentation #2). International Students and Education Providers in Australia. ESOS Act, National Code and CRICOS
- 1. Prepared by Michal Sestak, MARN 0208424 Managing Director and Principal Migration agent International Students and Education Providers in Australia ESOS Act, National Code and CRICOS
- 2. Relationship between International students and Education providers is regulated by • ESOS Act (Education Services of Overseas Students) and • National Code of Practice for Providers of Education and Training of Overseas Students and • CRICOS registered (Commonwealth Register of Institutors for Overseas Students)
- 3. ESOS Standards for Education Providers • The National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018) sets nationally consistent standards for the delivery of courses to overseas students. • The National Code 2018 commenced on 1 January 2018. • Education institutions must comply with the National Code to maintain their registration to provide education services to international students
- 4. National Code has 11 standards Standard 1: Marketing information and practices Standard 2: Recruitment of an overseas student Standard 3: Formalisation of enrolment and written agreements Standard 4: Education Agents Standard 5: Younger overseas students Standard 6: Overseas student support services Standard 7: Overseas student transfers Standard 8: Overseas student visa requirements Standard 9: Deferring, suspending or cancelling the overseas student’s enrolment Standard 10: Complaints and appeals Standard 11: Additional requirements
- 5. • Every international student must signed an agreement (letter of offer) with the education provider, stating conditions of the enrolment and responsibilities, liabilities and conditions for both parties arising from the students study at the school • Education provider, by drafting such agreement and its content, must comply with the ESOS Act and National code
- 6. Additional One of several important compliance matters for students while studying Student visa regulation of subclass 500 and one of its visa conditions, 8202 Student must: • Remain enrolled in a registered course (if you are a Foreign Affairs or Defence sponsored student or a secondary exchange student you must maintain full-time enrolment in your course of study or training) • Maintain enrolment in a registered course that is the same Australian Qualifications Framework (AQF) level or higher for which we granted your student visa, unless changing from AQF level 10 to level 9. • Maintain satisfactory attendance in your course and course progress for each study period as required by your education provider.
- 7. Combined focus on visa condition 8202 and National Code, Standard 7: Overseas student transfers General rule – student must complete 6 months of study of the principal course to be allowed to transfer between providers freely (subject to visa condition 8202) Explanation and example of calculating the 6 months period Scenario: visa granted based on the following package course: • Certificate IV + Diploma + Advanced Diploma (2.5 years in duration) = principal course is the last program Advanced Diploma so the 6 months comes into effect after studying the Advanced Diploma for 6 months at least • Bachelor program with standard duration 3 years – 6 months comes into effect after completing 6 month of the Bachelor program (potentially after one semester BUT not after one trimester)
- 8. If a student wishes to change education provider prior completion of the 6 months of study of the principal course, student must apply to be released by the provider Until the student is released, the newly selected Education provider cannot issue the student new CoE. There are several circumstances where release letter is not required: • The original school ceased to be registered or the course ceased to be registered • The original school has had sanctions imposed on its by Government Authorities
- 9. National Code Standard 7 provides some guidance and rules governing the release process. There is however no “one size fits all” and every case is based on individual circumstances. First step is to look into the education provider’s policy about Releasing process National Code standard 7.2 states that education provider must specify: • Circumstances in which a transfer / release will be granted • Circumstances where the school provides reasonable ground for refusing the release • Reasonable time frame for reply
- 10. • The policy must support the intent of the standard which recognises overseas students as consumers and supports them to exercise choice, while acknowledging that they may also be a group that requires support to transition to study in Australia. • Policies that only enable transfers in a very limited set of circumstances, acting effectively as a blanket rule that no requests will be granted, are not compliant.
- 11. If an education provider does not grant a release, the student must be provided with written reasons for refusing the request and must be informed of his right to appeal in accordance with Standard 8 of the national code (complaints and appeals)
- 12. Once education provider granted a release to international student, it is the student’s as well as the new education provider’s responsibility to comply with its respective regulation: • For student - Student visa condition 8202 - Maintain enrolment in a registered course that is the same Australian Qualifications Framework (AQF) level or higher • For education provider – Standard 3.1 – cannot enrol a student who, by the enrolment, may be in a breach of the student visa conditions