Standard 7: Overseas StudentTransfers
National Code of Practice for Providers of Education
and Training to Overseas Students 2018
Overview
Registered providers must not knowingly enrol an overseas student wishing to transfer from anotherregistered provider’s course prior to the overseas student completing six months of their principal
course of study, except in certain circumstances. For the school sector, a transfer cannot happen
until after the first six months of the first registered school sector course.
As the principal course of study is generally the final course of study covered by the overseasstudent’s visa, transfer requirements apply to all courses of study prior to the overseas student’s
principal course.
When considering a request from an overseas student seeking to transfer, registered providers
must:
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have and implement a documented policy and process for assessing overseas student
transfer requests during the restriction period;
outline in their policy the circumstances where transfers will be granted or refused;record all transfer request outcomes in the Provider Registration International Student
Management System (PRISMS), a ‘How To’ guide is available athttps://prisms.education.gov.au/Information/ShowContent.ashx?Doc=How To Manage
Student Transfers in PRISMS.pdf;
not finalise a refusal to release the overseas student until the student has had an
opportunity to access the complaints and appeals process; andensure where the request concerns an overseas student under the age of 18, the overseas
student’s parent or legal guardian has provided support for the transfer in writing.

Opportunity through learning

Last updated 24 January 2018

Standard 7: Overseas Student Transfers

Key Requirements
When an overseas student requires a release to transfer
Generally, overseas students cannot transfer between registered providers prior to completing six
calendar months of their principal course. There is one exception for school sector students (see‘Exception: school sector courses’ below).
The principal course is the main course of study to be undertaken by an overseas student where thestudent visa has been issued for multiple courses, and is usually the final course of study. The first six
months is calculated as six calendar months from the date an overseas student commences theirprincipal course.
This means the transfer restriction applies to a student during all courses they undertake prior to theprincipal course.
For an overseas student to transfer before completing six months of their principal course, theoverseas student must either obtain a release from their registered provider, or meet one of thefollowing conditions:the releasing registered provider, or the course in which the overseas student is enrolled,
has ceased to be registered;
the releasing registered provider has had a sanction imposed on its registration by the ESOS
agency that prevents the overseas student from continuing their course with that registeredprovider;any government sponsor of the overseas student considers the change to be in the overseas
student’s best interests and has provided written support for the change. This usuallyapplies where the overseas student’s study in Australia is sponsored by the government ofanother country.

After completing six calendar months of the principal course, an overseas student can transfer
without needing to meet one of these conditions.

Exception: school sector courses
Overseas students enrolled in school sector courses cannot transfer between registered providers
prior to completing six calendar months of their first school course (as opposed to the principal
course for all other overseas students). If they wish to transfer, they must obtain a release fromtheir registered provider or meet one of the other conditions listed above.
If the overseas student has to complete a non-school sector course prior to their first school
sector course, for example ELICOS, they are restricted from transferring during this course.
Overseas students can transfer without needing a release or meeting one of the above conditions
after completing six calendar months of their first registered school course.

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Standard 7: Overseas Student Transfers

Policy and process for assessing overseas student transfer requests
The registered provider’s policy for assessing an overseas student transfer request must be available
to its staff and overseas students and outline:

the steps for an overseas student to lodge a written request to transfer, including that theoverseas student must have a letter of offer from another registered provider;
the circumstances in which the registered provider will grant the transfer request because itis in the overseas student’s best interests, including but not limited to, those listed inStandard 7.2.2.1 to 7.2.2.6 of the National Code;the circumstances which the registered provider considers to be reasonable grounds torefuse the transfer request; anda reasonable timeframe for assessing and replying to the overseas student’s transferrequest.

Registered providers have to assess the reasons provided by the overseas student, and any evidence
submitted to support the transfer request, against their transfer policies.
Registered providers should specify what they consider as the student’s best interest in theirpolicies. Overseas students cannot make a general claim that a transfer will be in their best interests.
Any request should be made with reference to the circumstances for granting a release outlined in
the provider’s transfer policy.
There are a range of circumstances detailed in the National Code where a transfer request should begranted because it is in the best interest of the overseas student. These circumstances should beincluded in the provider’s transfer policy.
One such circumstance is where the overseas student will be reported because they are unable toachieve satisfactory course progress at the level they are studying, even after engaging with that
registered provider’s intervention strategy to assist overseas students. It is important to note thereport on the overseas student’s course progress should occur even if the transfer request isgranted.
Registered providers still have discretion to refuse transfer requests from overseas students who are
not genuinely engaging with an intervention strategy with the intention of failing and being released.
If the overseas student subsequently intends to study at a lower Australian QualificationsFramework (AQF) level, they will need to apply for a new student visa.
Another circumstance where a transfer should be granted is where there is evidence ofcompassionate or compelling circumstances.
‘Compassionate or compelling’ circumstances are generally those beyond the control of the overseas
student and which have an impact upon the overseas student’s course progress or wellbeing. These
could include, but are not limited to:serious illness or injury, where a medical certificate states that the overseas student was
unable to attend classes
bereavement of close family members such as parents or grandparents (where possible adeath certificate should be provided)3

Standard 7: Overseas Student Transfers
major political upheaval or natural disaster in the home country requiring emergency travel
and this has impacted on the overseas student’s studies; ora traumatic experience, which could include:o involvement in, or witnessing of a serious accident; oro witnessing or being the victim of a serious crime, and this has impacted on theoverseas student (these cases should be supported by police or psychologists’reports)
where the registered provider was unable to offer a pre-requisite unit, or the overseas
student has failed a prerequisite unit and therefore faces a shortage of relevant units forwhich they are eligible to enrol.

These are only some examples of what may be considered compassionate or compelling
circumstances.
Registered providers should outline what is considered compassionate or compelling circumstancesin their own policies and use their professional judgement to assess each case on its individual
merits. When determining whether compassionate or compelling circumstances exist, registeredproviders should consider documentary evidence provided to support the claim, and should keepcopies of these documents in the overseas student’s file. Other circumstances in which a transfer
should be granted are:
 the registered provider fails to deliver the course as outlined in the written agreement; there is evidence that the overseas student’s reasonable expectations about their current
course are not being met (such as correspondence between the overseas student and theregistered provider or marketing materials given to the overseas student prior to enrolment,
and setting particular expectations about the course); there is evidence that the overseas student was misled by the registered provider or an
education or migration agent regarding the registered provider or its course, and the courseis therefore unsuitable to their needs and/or study objectives.
 an appeal (internal or external) on another matter results in a decision or recommendation
to release the overseas student.

Transfers involving students under the age of 18
If the overseas student is under the age of 18, the registered provider must have written
confirmation that the overseas student’s parent or legal guardian supports the transfer. If theoverseas student does not have a parent or legal guardian caring for them in Australia, the receiving
provider must also confirm it accepts responsibility for the student’s accommodation and welfare
arrangements in accordance with Standard 5.
It is the responsibility of the receiving registered provider (under Standard 5) to ensure that there
are no gaps in welfare arrangements. This may include agreeing to accept welfare responsibility at
an earlier time.

Transfer requests and packaged courses
If a transfer will affect the start dates of any subsequent courses covered by the visa, the overseas
student must be released from those courses, or gain the subsequent registered providers’agreement to delay the start of those courses.

4Standard 7: Overseas Student Transfers

Registered providers should advise overseas students that changes to their preliminary courses may
have ramifications for their admission to their principal course, for example if a preliminary course isa prerequisite entry requirement to the principle course.

Once a transfer request decision has been madeTransfer request outcomes must be recorded in PRISMS (A ‘How To’ guide for recording transfer
requests in PRISMS is available athttps://prisms.education.gov.au/Information/ShowContent.ashx?Doc=How To Manage Student
Transfers in PRISMS.pdf). As such, a hard copy release letter is not required from the releasing
provider.
Registered providers should still advise overseas students of the outcome of the transfer request.
This can be done via email: a formal letter is not required. The registered provider must also
encourage the overseas student to consider whether a change in enrolment breaches a visa
condition. The student can refer to the Department of Home Affairs website at:https://www.border.gov.au/Trav/Stud/More/Changing-courses.
If a registered provider intends to refuse a release, it must not finalise the overseas student’s refusal
status in PRISMS until:

any appeal against the refusal lodged by the overseas student is finalised and upholds theregistered provider’s decision not to release the student; orthe overseas student did not access the registered provider’s complaints and appeals
processes within 20 working days of being notified of the refusal; or
the overseas student withdraws their appeal against the refusal.

The registered provider must also notify the overseas student in writing the reason for refusing thetransfer request and the overseas student’s right to access the registered provider’s internal
complaints and appeals process (in accordance with Standard 10) within 20 working days.
All registered providers must maintain records of overseas student transfer requests for two years
after the student ceases to an accepted student.

Disclaimer
The Department of Education and Training provides general information and assistance to registeredproviders and overseas students on the National Code and the Education Services for Overseas
Students Act 2000.
However, such information or assistance should not be relied on as legal advice or as a substitute forlegal advice. Overseas students and education providers should seek independent legal advice asappropriate.
The National Code fact sheets are designed to give registered providers practical guidance in day today operations. Registered providers should note that compliance will be measured against therequirements of the National Code, not against the fact sheets.

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