Transfer of Student Visa Students between Registered Providers - Procedures

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Transfer of Student Visa Students between Registered Providers - Procedures

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Approval authority
Pro-Vice Chancellor (International & Quality)
Responsible officer
Pro Vice-Chancellor (International and Quality)
Designated officer
Director, USC International
First approved
9 July 2012
Last amended
15 July 2016
Effective start date
9 July 2012
Review date
7 July 2017
Status
Active
Related documents
Student Fees and Charges - Governing Policy
Student Fees, Charges and Refunds - Procedures
Transfer of Student Visa Students between Registered Providers - Managerial Policy
Related legislation / standards
Education Services for Overseas Students (ESOS) Act 2000
National Code of Practice for Reg ... Providers of Education and Training to Overseas Students 2007

Definitions

Please refer to the University’s Glossary of Terms for policies and procedures.

1. Purpose of procedures

These procedures must be read in association with the Transfer of Student Visa Students between Registered Providers - Managerial Policy.

2. Procedures

A. Where an international Student visa student is requesting a transfer from USC to another registered provider within six (6) months of commencement of their principal program at USC

1. Student responsibilities

The student must:

(a) obtain an official letter from another registered provider confirming that a valid enrolment offer has been made to the student

(b) complete and submit the USC Request for transfer and letter of release form to USC International

If the Letter of Release is granted the student must:

(c) cancel their enrolment at USC, which may include completing and submitting an Indefinite Withdrawal form*, and initiate any relevant fees refund process as sanctioned by the Student Fees and Charges Governing Policy and the Student Fees, Charges and Refunds – Procedures.

(d) contact the Department of Immigration and Border Protection (DIBP) to seek advice on whether a new Student visa is required

2. USC International responsibilities

USC International staff must:

(a) check that the student is in the first six (6) months of their principal program so that a letter of release is required (refer to ‘Calculating 6 months completion of principal program’)

(b) assess the request for transfer recognising the student as a consumer and supporting them to exercise choice; acknowledging that they may require support to transition to study in Australia; and considering individual circumstances to determine if the transfer will be detrimental to the student in accordance with Section 4 “Grounds for approving a letter of release”

If the Letter of Release is granted, USC International must:

(c) issue the letter of release free of charge within 10 working days of the request being made and all required documentation submitted

(d) ensure that the letter of release advises the student that USC will cancel the student's Confirmation of Enrolment (CoE) on PRISMS and that they must contact the DIBP to seek advice on whether a new Student visa is required

(e) advise the student of the process for cancelling their enrolment at USC which may include the need to complete and submit an Indefinite Withdrawal form *

(f) direct the student to the refund policy (Student Fees and Charges - Governing Policy and Student Fees, Charges and Refunds – Procedures)

(g) ensure that all requests and documentation received from, and copies of documents provided to, the student regarding the request for transfer and letter of release is placed on the student’s file.

If the Letter of Release is not granted (see ‘Grounds for denying a letter of release’) USC International must:

(h) notify the student in writing of the decision within 10 working days of the request being made, including the reasons for the decision, and provide information about internal and external appeals processes as appropriate

(i) ensure that all documentation received from, and copies of documents provided to, the student regarding the request for transfer and letter of release are placed on the student’s file.

3. Grounds for denying a Letter of Release

Application for transfer and letter of release will be considered in the context that the student has been assessed as a Genuine Student and Genuine Temporary Entrant for the purposes of obtaining a Student visa, and as such the student made a deliberate and informed decision to undertake a program of study at USC and any programs packaged with it. That decision involved an undertaking that the program met the student’s study goals, that they were aware of the locations and facilities of USC and any other education providers delivering programs in a package of programs, and that they were aware of the general socio-economic and cultural characteristics of those locations.

  • The student has not supplied an official letter of offer from another registered provider
  • If the scheduled date for commencing classes at the other registered provider has passed at the date of lodging the request for a Letter of Release
  • The student has not provided sufficient supporting documentation or reasons for granting the application for release
  • The transfer may jeopardise the student’s progression through a package of programs
  • The student is applying to transfer to another sector or lower level of study and USC support services have not yet been exhausted
  • The student is applying to transfer to another sector or lower level of study for reasons other than academic considerations
  • The student is downgrading their qualification which will be detrimental to future planned studies.
  • Where USC forms the view that the Student is deliberately trying to manipulate the Australian Student visa system
  • The student has made decisions, after receiving a Confirmation of Enrolment from USC, regarding accommodation, employment or travel, that are not aligned with the requirements of the program, or the student has not accessed the University’s support services for assistance with study or personal issues such as living distance from campus, travel difficulties, difficulties adjusting to campus life and demands of academic work
  • There are reasonable grounds for believing the student has been deliberately recruited by another registered education provider or education agent
  • The student is trying to avoid being reported to DIBP for failure to meet USC’s attendance or academic progress requirements
  • Where the student has outstanding fees to USC.

4. Grounds for granting a letter of release

USC International will grant a Letter of Release where the student has provided an official letter of offer from another provider and:

  • A government sponsor requests in writing the student to be released to another study provider
  • The student, where enrolled in a package of programs, has failed to meet the entry requirements to the USC program after having made a genuine attempt to meet them
  • The student has demonstrated and provided evidence that they have exhausted all of USC’s support services offered and/or they can demonstrate that the transfer to an alternative provider will give them access to support services not available at USC
  • Compassionate and compelling circumstances that are beyond the control of the student
  • The student is enrolled in USC’s ELP programs, but when the student is assessed onshore, USC does not have a course suitable for the current English level
  • The student cannot meet the academic requirements of the USC program and evidence is supplied from relevant USC student support services (e.g. academic advisors, counsellors) that confirms this
  • The student can demonstrate that they were intentionally misled by an education agent or the provider (USC) regarding USC or the program of enrolment

5. Calculating 6 months completion of principal program

The start date for calculating the 6 months completion of principal program is the date the student starts the principal course.

B. Where an international Student visa student is requesting a transfer to USC from another registered provider within six (6) months of commencement of their principal program with that provider.

1. Student responsibilities

The student must:

(a) complete and lodge an international student application form for the relevant USC program

(b) secure a letter of release from their principal registered provider and any other provider from which they have a Confirmation of Enrolment (as part of a package of programs)

(c) provide USC International with the original of the letter of release prior to, or concurrent with, accepting their offer

(d) contact the Department of Immigration and Border Protection (DIBP) to seek advice on whether a new Student visa is required.

2. USC International responsibilities

USC International staff must:

(a) provide an official letter of offer in cases where a student makes an application for a USC program with required documentation complete, and where that student meets program entry requirements.

(b) in the event that a USC International staff member attempts to create a CoE in PRISMS and receives notification that the student has not yet completed the first six (6) months in their principal program with another provider, advise the student that they must provide evidence of their eligibility to transfer before USC can finalise the enrolment and CoE, by either

  • demonstrating that the original registered provider has ceased to be registered or the program in which the student has enrolled has ceased to be registered
  • providing a letter of release
  • demonstrating that 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 their principal program, or
  • demonstrating that a government sponsor of the student considers the change to be in the student’s best interest and has provided written support for the change.

(c) once satisfied of the student’s eligibility to transfer, finalise enrolment and issue a CoE in accordance with USC’s admissions policies and procedures

(d) ensure all documentation related to this matter, including any letter of release, is added to the student’s file.

*Students may request cancellation/withdrawal via the ‘USC request for transfer and letter of release form’ as an alternative to completing the application for Indefinite Withdrawal. English language program students are not required to complete an application for Indefinite Withdrawal.

END

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