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Monash University Policy Bank

ESOS Student Under Age 18 Policy - accommodation, support and general welfare arrangements

Purpose

To ensure that the University fully complies with the Education Services for Overseas Students Act 2000 and the requirements of Standard 5 of the National Code of Practice 2007 (NC07) for checking the suitability of international students’ accommodation, support and general welfare.

Scope

• International students under 18 years of age who hold a student visa
• Organisational units and groups with responsibility for provision of support and approval of accommodation and welfare arrangements for students who hold a student visa:
- International Recruitment Services
- Health and Wellbeing
- Monash College Pty Ltd

Policy Statement

NC07 Standard 5 and Visa condition 8532 requires students under 18 years of age holding a student visa (other than AusAID students) to have approved accommodation and welfare arrangements and maintain these arrangements as provided at the time the visa was granted. If a student wishes to change their arrangements they must seek prior approval from their education provider

In order for an applicant under the age of 18 to be granted a student visa, they must demonstrate that they have adequate welfare arrangements in place for the length of the student visa or until they turn 18. The Migration Regulations 1994 (Public Interest Criterion (PIC) 4012A) requires that the student reside with one of the following:

  • a parent/legal custodian, or
  • a suitable relative who is over 21 years of age and who is of good character

or have their welfare arrangements approved by their education provider.

Acceptable accommodation and welfare arrangements

Students must select from three types of arrangements for accommodation and welfare.  The approval body for these depend upon the type of arrangement nominated

1. Department of Immigration and Citizenship (DIAC) approval
Where a student nominates a parent/legal custodian or eligible relative, DIAC is responsible for approving the arrangement (Arrangement 1).

2. Monash approved Caregiver service
Students organise a Monash-approved Caregiver service to act as their carer in Australia and reside in acceptable accommodation arrangements (Arrangement 2)

3.'Non relative' acting as Caregiver
Students nominate a Non-relative over the age of 21 to act as their Caregiver and reside in acceptable accommodation arrangements. (Arrangement 3).

Acceptable accommodation arrangements
Unless exceptional circumstances apply, Monash will approve only Homestay, or prescribed on campus or off campus accommodation. In support of an application for exceptional circumstances, the applicant must provide a letter from their  parent/legal custodian, in English or with a certified translation, supporting the proposed arrangements.

Monash approved Caregivers
To assist Monash in safeguarding the accommodation and welfare arrangements of international (ESOS) students under the age of 18, where Monash has responsibility for approving arrangements, it will only approve the arrangements if a student has an approved Caregiver.

Non-relative
Non-relatives may be approved as Care-givers  only after a pre approval interview has been conducted by Monash and necessary documents provided (evidence of a Working with Children check and a statutory declaration agreeing to meet minimum standards).

Monitoring of Arrangements  

  1. Approved Caregiver services
    Monash has a formal agreement with each approved Caregiver service outlining minimum service standards.
  2. Non relatives and Homestay arrangements
    Where a student's accommodation and welfare has been approved under Arrangement 3 and a student is being cared for by a family friend or staying in a Homestay not arranged by Homestay Accommodation Service (HAS), Monash will undertake monitoring activity.
  3. Monitoring student support and general welfare
    At the beginning of each study period, Monash advises students of available welfare and support services and informs students of Monash procedures regarding change of arrangements.

Supporting procedures

ESOS Student Under Age 18 procedures - approval of accommodation, support and general welfare arrangements

Supporting guidelines

Responsibility for implementation

International Recruitment Services
Health and Wellbeing
ESOS Advisory Group
Under 18 Working Party
Enrolments Unit, Student Administration
Monash College Pty Ltd

Status

Revised

Key Stakeholders

International Recruitment Services
Health and Wellbeing
ESOS Advisory Group
Under18 Working Party
Enrolments Unit, Student Administration
Monash College Pty Ltd

Approval body

Name: Academic Board
Meeting: 5/2011
Date: 31-August-2011
Agenda item: 17.5

Endorsement body

Name: Education Committee
Meeting: 4/11
Date: 03-August-2011
Agenda item: 16.4

Definitions

CAAW: Confirmation of Appropriate Accommodation and Welfare form

Caregiver: A person or service provider responsible for providing care giving services for students under age 18.

DIAC: Department of Immigration and Citizenship.

eCoE: electronic Confirmation of Enrolment.

Eligible relative: A relative eligible to be nominated as a carer must be a brother, sister, step-parent, step-brother, step-sister, grandparent, aunt, uncle, niece or nephew, step-grandparent, step-aunt, step-uncle, step-niece or step-nephew.

Exceptional circumstances: Circumstances that are unusual or out of the ordinary which, with parental support, warrant an accommodation arrangement to be approved.

ESOS: Education Services for Overseas Students.

HAS: Homestay Accommodation Service.

Homestay: A form of accommodation in which a person from overseas lives with a family in a host country and gives reimbursement for the homestay service.

NC07: National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007.

Prescribed on campus or off campus accommodation: Monash approved accommodation as listed on the Under 18 web site (http://monash.edu/study/international/apply/under18/accommodation-options.html)

Non-relative: A person who has been a close family friend for a minimum of 2 years, over the age of 21, or a cousin over the age of 21, who takes responsibility for the general care, support and welfare of a student.

Student Visa: A visa described in the Migration Regulations 1994 as a Student (Temporary) (Class TU) visa, other than such a visa for: a) a person who satisfies the secondary criteria, but not the primary criteria, under those Regulations for the grant of the visa; or b) an exchange student or AusAID student within the meaning of those Regulations; or c) an overseas student who has been approved by the Minister for Defence to undertake a course of study or training under a scholarship scheme or training program approved by the Minister for Defence; or d) an overseas student who has been approved under another scholarship scheme, or an exchange scheme, sponsored by the Commonwealth to undertake a course of study or training in Australia.

Related legislation

ESOS Act 2000


National Code of Practice, Standard 5 and 7

Related policies

Related documents

Accommodation and welfare guidelines for student visa holders under 18 years of age


Application to be an approved Monash Care-giver


DIAC Student Welfare Declaration form


University age entry requirements


Monash Residential Services

Date Effective

31-August-2011

Review Date

31-August-2014

Owner

Director, Student Administration

Author

Manager, ESOS and Visa Compliance, Student Administration

Content Enquiries

policy-education@monash.edu

University Policy Use

Version Number: 1.0

Contact: adm-PolicyBank@monash.edu

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