Secretary, Learning, Teaching and Research Committee

ESOS Legislation limits Overseas students from transferring between Providers except under certain circumstances. National Code Standard 7 (2018) states: Registered providers must not knowingly enrol an overseas student wishing to transfer from another registered provider’s course prior to the overseas student completing six months of their principal course of study, except in certain circumstances.
As the principal course of study is generally the final course of study covered by the overseas student’s visa, transfer requirements apply to all courses of study prior to the overseas student’s principal course.

This policy documents how Eastern College Australia (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 overseas students in both VET and Higher Education courses and all the staff involved in dealing with overseas student transfer enquiries or requests.

Overseas 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.

Incoming Students

Procedure for lodging a Request to Transfer
When lodging a request to transfer, incoming students must provide the following:

1. completed Request to Transfer form
2. valid evidence that the student is currently studying from the Registered Provider they are transferring from
3. 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. 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 (from the decision to deny the Request to Transfer) 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 Confirmation 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 their principal course upon receipt of application on the prescribed form.

Students who have not completed 6 calendar months of their principal course may be considered for transfer if any of the following apply:

1. The releasing registered provider has ceased to be registered or the course in which the student is enrolled has ceased to be registered; or
2. The releasing registered provider has agreed to the student’s release and recorded the date of effect and reason for release in PRISMS; or
3. The releasing 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
4. 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.

Outgoing Students

Overseas students who have not completed 6 calendar months of  their principal course of study at Eastern College Australia may request to transfer to another registered provider by completing the “Release Request” form, accompanied by a letter of offer from another registered provider.

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.

1. The 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
2. The course as outlined in the written agreement has not been delivered; or
3. The student provides evidence that his or her reasonable expectations about the course are not being met (such as correspondence between the overseas student and the registered provider or marketing materials given to the overseas student prior to enrolment, and setting particular expectations about the course); or
4. 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
5. An appeal on another matter results in a recommendation or decision to release the student; or
6. Compassionate or compelling reasons for the transfer exist, generally these are circumstances beyond a student’s control; which nonetheless impact their course progress or wellbeing. These may include, but are not limited to:
   • Serious illness or injury, where a medical certificate states that the overseas student was unable to attend classes; or
   • Bereavement of close family members such as parents or grandparents (where possible a death certificate should be provided); or
   • Family crisis that may require unexpected travel to their home country for an extended period; or
   • Major political unrest or natural distaster in their home country requiring emergency travel and this has impacted on the overseas students studies; or
   • A traumatic experience, suported by police or psychologists’ reports, impacting the overseas students studies.

Students will be notified of a decision within 10 business days from receipt of the Release Request 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 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 notified in writing the reason for refusing the transfer request and advised of their right to appeal the refusal in accordance with the College’s Complaints and Greivance Procedure – Non-Academic within 20 working days of the refusal notification. 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 of being notified of the refusal; or
• if the student withdraws an appeal.