ESOS Legislation limits Overseas students from transferring between Providers except under certain circumstances.
This policy documents how the College complies with the relevant legislation - Education Services for Overseas Students Act 2000 (ESOS) and code of practice - National Code of Practice for Providers of Education and Training to Overseas Students 2018 (ESOS NC).
This policy applies to both VET students and Higher Education students and all the staff involved in dealing with transfer enquires or requests.
Students requesting a transfer between Providers will either be:
- Incoming - students requesting to transfer to the College
- Outgoing - students requesting to transfer to another provider.
Procedure for lodging a Request to Transfer
When lodging a request to transfer, incoming students must provide the following:
- completed Request to Transfer form
- valid evidence that the student is currently studying from the Registered Provider they are transferring from
- any additional documents to support their request to transfer
Requests to transfer may take up to 10 business days to assess and process. Students will be informed in writing of the final decision. In the event, that a Request to Transfer is denied, the College will provide reasons for the refusal.
Students who wish to appeal a denied Request to Transfer may access the College Complaints and Grievance process through the Eastern College policy portal. The College will not finalise the student’s status until either the appeal is completed and finds in favour of the student; or after 20 working days if the student has not chosen to appeal.
Students who are accepted to the College will be issued with a letter of offer/student agreement and upon payment of initial fees, be issued with an electronic Certificate of Enrolment (eCoE).
Any and all records pertaining to the transfer will be retained by the College for at least two years after the student ceases their enrolment at the College.
Procedure for assessing a Request to Transfer
Authorised College staff will verify that prospective incoming students have completed 6 calendar months of the course they are transferring from upon receipt of application on the prescribed form.
Students who have not completed 6 calendar months of the course they are transferring from may be considered for transfer if any of the following apply:
- The original registered provider has ceased to be registered or the course in which the student is enrolled has ceased to be registered; or
- The original registered provider has agreed to the student’s release and recorded the date of effect and reason for release in PRISMS; or
- The original registered provider has had a sanction imposed on its registration by the Australian Government or state or territory government that prevents the student from continuing his or her principal course; or
- Any government sponsor of the student considers the change to be in the student's best interest and has provided written support for that change.
Overseas students who have completed 6 calendar months of study at Eastern College may request to transfer to another registered provider by completing the “Release Request” form.
Students seeking to transfer prior to completion of the first 6 calendar months of their principal course will be granted release approval only if any of the following apply.
- A course is academically unsuitable for a student, e.g. where a student is better suited to a different learning environment or the course does not meet his or her educational or developmental needs or the student is unable to achieve satisfactory course progress at the level they are studying; or
- The course as outlined in the written agreement has not been delivered; or
- The student provides evidence that his or her reasonable expectations about the course are not being met; or
- The student provides evidence of being misled by Eastern College Australia or by an education or migration agent regarding the provider or the course and the course is therefore unsuitable to their needs and/or study objectives; or
- An appeal on another matter results in a recommendation or decision to release the student; or
- Compassionate or compelling reasons for the transfer exist-- generally circumstances beyond a student’s control; which nonetheless impact their studies. These may include:
- family crisis that may require unexpected travel to home country
- political unrest in their home country
Students will be notified of a decision within 10 business days from receipt of the application. The notification will include the reason for granting release. It will also advise the student to contact immigration to seek advice on whether a new student visa is required.
If release is granted, there is NO cost to the student (ESOS NC18, S7)
Refusal of Release
In accordance with ESOS NC18, S7.2.3, Eastern College Australia will refuse release approval and inform the student in writing of the reasons for the refusal when the transfer does not satisfy the student’s best interests as set out in this policy.
The following are further grounds for refusal:
- a student has unpaid course fees for the current study period; or
- a transfer would jeopardise a student’s progress through a package of courses; or
- a student requires or has access to particular support services that will not be delivered by the receiving provider or accessible by the student following the transfer.
In instances when a student is not granted a release, they will be advised of their right to appeal the refusal in accordance with the College's Grievance and Complaints Policy - Non-Academic within 20 working days of the refusal. The College will not finalise the student’s refusal status in PRISMS:
- until the appeal finds in favour of the College; or
- if the student has not chosen to appeal within 20 working days; or
- if the student withdraws an appeal.