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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 for checking the suitability of students’ accommodation, support and general welfare.

Scope

• International students under 18 years who hold a student visa
• Organisational units with responsibility for provision of support and approval of accommodation and welfare arrangements for students who hold a student visa
- International Recruitment Services
- International Student Support
- Monash College Pty Ltd (Monash College and MUELC)
- ESOS Advisory Group
- Enrolments

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 time of visa grant. 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. Public Interest Criteria (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

  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 (Monash University and Monash College Pty Ltd) approval
    Where Monash is responsible for approving the accommodation and welfare arrangements, unless exceptional circumstances apply in regard to accommodation, two arrangements are acceptable:
         i. Students organise a Monash-approved Care-giver service to act as their carer in Australia and reside in Homestay or on-campus student accommodation (Arrangement 2).  
         ii.
    Nominate a Non-relative over the age of 21 to act as the student’s approved care-giver. Students must either live with the nominated person, or in Homestay or on-campus accommodation (Arrangement 3).

Acceptable accommodation arrangements
Unless exceptional circumstances apply, Monash will approve only Homestay or on-campus accommodation.  In support of an application for exceptional circumstances, the applicant must provide a letter from the students parents, in English or with a certified translation, supporting the proposed arrangements.

Monash approved Care-givers
To assist Monash in safeguarding the accommodation and welfare arrangements of 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 Care-giver.

Non-relative
Non-relatives may be approved as Care-givers  only after the provision of a Police check and a Working with Children check and a statutory declaration agreeing to meet minimum standards

Monitoring of Arrangements  

  1. Approved Care-giver services
    Monash has a formal agreement with each approved Care-giver service outlining minimum performance 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 semester, trimester or study period Monash advise students of available welfare and support services and informs students of Monash procedures re change of arrangements.

Supporting procedures

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

Responsibility for implementation

International Recruitment Services
International Student Support
Monash College Pty Ltd (Monash College and MUELC)
ESOS Advisory Group
Enrolments

Status

New

Key Stakeholders

International Recruitment Services
International Student Support
U18 Working Party
Monash College Pty Ltd (Monash College and MUELC)
Enrolments
ESOS Advisory Group

Approval body

Name: Academic Board
Meeting: 1/08
Date: 27-February-2008
Agenda item: 6.3

Endorsement body

Name: Education Committee
Meeting: 7/07
Date: 13-December-2007
Agenda item: 8.5

Definitions

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

DIAC: Department of Immigration and Citizenship.

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.

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.

MUELC: Monash University English Language Centre.

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

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.

On-campus student accommodation: Approved Monash on-campus student accommodation for students under the age of 18 are: Clayton - Halls of Residence (Farrer, Richardson, Roberts, Howitt, Deakin) Normanby House and Mannix College Caulfield - International Mews Berwick - Halls of Residence Gippsland - West and South Residences Peninsula - The Village.

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

National Code of Practice, Standard 5 and 7 http://aei.dest.gov.au/AEI/ESOS/NationalCodeExplanatoryGuide/PartD/Standard_7.htm

ESOS Act 2000

Related policies

Related documents

Age entry requirements: http://www.monash.edu.au/international/entryrequirements/

Application to be an approved Monash  Care-giver: http://www.monash.edu/international/aboutmonash/caregiver/

Date Effective

27-February-2008

Review Date

24-February-2011

Owner

Student Administration and Systems

Author

Manager ESOS and Visa Compliance, Student Administration and Systems

Contact Person

Education Policy

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