Monash University Policy Bank

Purpose

To ensure that the University fully complies with the Education Services for Overseas Students Act 2000 and the requirements of Standard 7 of the National Code of Practice 2007 for administering  requests from international students holding a student visa seeking a transfer between registered providers.

Scope

• International students holding a student visa seeking to transfer within the first 6 months of their principal course of study
• Organisational units with responsibility for approving and refusing and or processing transfer requests for students who hold a student visa:
• Faculties
• International Recruitment Services
• Student Service Centre(s)
• ESOS Advisory Group
• Student’s seeking transfer

Policy Statement

Student seeking to transfer from Monash University
International students seeking to transfer from Monash University to another registered provider prior to completion of the first 6 calendar months of their principal course must seek approval to transfer and obtain a Release letter. 

Monash University will issue a Release letter only if:

1. A course is academically unsuitable for a student- eg where a student is better suited to a different learning  environment or the  course does not meet <his/her> educational or developmental needs or
2. Compassionate or compelling reasons for the transfer exist                   

As required by ESOS NC07, S7.3, before the Release letter is issued:

1. the student must present a valid letter of offer of enrolment with the receiving provider
2. if the student is under the age of 18,written evidence is required that

• the student’s parent or legal guardian supports the transfer
•  the new provider will accept responsibility for approving a student’s accommodation, support and general welfare.

In accordance with ESOS NC07, S7.2 (b), Monash University will refuse the issue of a Release letter if the transfer would be considered detrimental to the student and the circumstances for approving the grant of a Release letter have not been satisfied.

The university will assess and respond to the application within 10 working days.

Students seeking to transfer to Monash University
International students within the scope of this policy  who seek to transfer to Monash University prior to completion of the first 6 calendar months of their principal course, will be issued with a CoE only if:

1. The student provides a Release letter  from the existing provider or, if a Government sponsored student, provides written approval for the change from the sponsor; and
2. If the student is an under the age of 18, there is written evidence that the student’s parent or legal guardian supports the transfer and Monash has put arrangements in place for approving a student’s accommodation, support and general welfare arrangements as per S5.

ESOS NC07, S5 requires that where students under the age of 18 are not being cared for in Australia by a parent or suitable nominated relative, registered providers ensure the arrangements made to protect the personal safety and social well-being of those students are appropriate.

ESOS NC07, S7 states that the letter of release, if granted, must be issued at no cost to the student .Where a request for a letter of release is refused, the student must be advised in writing of the reasons for the refusal and of the right to appeal the decision. Records of all requests for letters of release, the assessment of the application and decision will be maintained on central file.

Supporting procedures

Responsibility for implementation

Faculties
International Recruitment Services
Student Service Centres
ESOS Advisory Group

Status

Key Stakeholders

Faculties
International Recruitment Services
Student Service Centres
Enrolments

Approval body

Endorsement body

Definitions

Compassionate: Family, medical or ‘well being’ reasons for supporting a transfer.

Compelling: Circumstances that are involuntary and such that the applicant has little or no alternative.

CRICOS: Commonwealth Register of Institutions and Courses for Overseas Students.

Enrolled: Where a student has been issued with a CoE to confirm acceptance by the registered provider and is occupying a place in the CRICOS registered course for which the student was accepted and is progressing towards completion of course requirements.

ESOS: Education Services for Overseas Students Act 2000 (ESOS Act).

Existing provider: Education provider from whom a student is seeking to transfer

Government Sponsored: An Australian or foreign Government sponsored student for study in Australia.

Principal course of study: The main course of study to be undertaken by an overseas student where a student visa has been issued for multiple courses of study. The principal course of study would normally be the final course of study where the overseas student arrives in Australia with a student visa that covers multiple courses.

Receiving provider: The provider with whom the student is intending to enrol.

Release letter: A letter authorising a student to be released from one provider so that they are able to enrol with another provider.

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.

Transfer between registered provider: An international student who applies to transfer to or from another CRICOS registered provider.

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

Academic and Administrative Complaints and Grievances Policy

Complaints and Grievances of Coursework Students Procedures

Related documents

Student Release letter approval

Student Release letter refusal

Date Effective

Review Date

Owner

Author

Contact Person