A presentation by Michal Sestak, Managing Director and Principal Migration agent. This was of three presentations looking at common visa issues for international students during COVID-19 and where to get help. The 'COVID-19 and Your Visa' webinar was presented by Redfern Legal Centre’s International Student Legal Service NSW on 15 October 2020. It covered topics including: - How different visa types work during COVID-19 - Advantages and disadvantages of visa types 485, 408 & Bridging Visa E - How to apply for a deferral of studies on compassionate or financial grounds - What to do if you’ve completed your studies but cannot return home - Where to get visa advice - Onshore and offshore visa applications. View webinar here: https://rlc.org.au/article/webinar-covid-19-and-your-visa Other slides from this webinar Presentation #1: https://bit.ly/3kpuYzA Presentation #3: https://bit.ly/3osX7bm Redfern Legal Centre has a free migration advice service for international students, providing advice about student visas only – fill in our webform at www.rlc.org.au/contact The guest speakers in this also have their own migration agencies that provide advice on a range of migration issues and visas for a fee. Migration agents can also be found by contacting the Migration Agents Registration Authority (MARA): https://www.mara.gov.au/

1. Prepared by Michal Sestak, MARN 0208424
Managing Director and Principal Migration agent
International Students and
Education Providers in Australia
ESOS Act, National Code and CRICOS

2. Relationship between International students and Education
providers is regulated by
• ESOS Act (Education Services of Overseas Students) and
• National Code of Practice for Providers of Education and Training of Overseas
Students and
• CRICOS registered (Commonwealth Register of Institutors for Overseas
Students)

3. ESOS Standards for Education Providers
• The National Code of Practice for Providers of Education and Training to
Overseas Students 2018 (National Code 2018) sets nationally consistent
standards for the delivery of courses to overseas students.
• The National Code 2018 commenced on 1 January 2018.
• Education institutions must comply with the National Code to maintain their
registration to provide education services to international students

4. National Code has 11 standards
Standard 1: Marketing information and practices
Standard 2: Recruitment of an overseas student
Standard 3: Formalisation of enrolment and written agreements
Standard 4: Education Agents
Standard 5: Younger overseas students
Standard 6: Overseas student support services
Standard 7: Overseas student transfers
Standard 8: Overseas student visa requirements
Standard 9: Deferring, suspending or cancelling the overseas student’s enrolment
Standard 10: Complaints ​and appeals​
Standard 11: Additional requirements

5. • Every international student must signed an agreement (letter of offer) with the
education provider, stating conditions of the enrolment and responsibilities,
liabilities and conditions for both parties arising from the students study at the
school
• Education provider, by drafting such agreement and its content, must comply
with the ESOS Act and National code

6. Additional One of several important compliance
matters for students while studying
Student visa regulation of subclass 500 and one of its visa conditions, 8202
Student must:
• Remain enrolled in a registered course (if you are a Foreign Affairs or Defence sponsored
student or a secondary exchange student you must maintain full-time enrolment in your course
of study or training)
• Maintain enrolment in a registered course that is the same Australian Qualifications
Framework (AQF) level or higher for which we granted your student visa, unless changing
from AQF level 10 to level 9.
• Maintain satisfactory attendance in your course and course progress for each study period as
required by your education provider.

7. Combined focus on visa condition 8202 and National Code,
Standard 7: Overseas student transfers
General rule – student must complete 6 months of study of the principal course to be allowed to
transfer between providers freely (subject to visa condition 8202)
Explanation and example of calculating the 6 months period
Scenario: visa granted based on the following package course:
• Certificate IV + Diploma + Advanced Diploma (2.5 years in duration) = principal course is the last program
Advanced Diploma so the 6 months comes into effect after studying the Advanced Diploma for 6 months
at least
• Bachelor program with standard duration 3 years – 6 months comes into effect after completing 6 month
of the Bachelor program (potentially after one semester BUT not after one trimester)

8. If a student wishes to change education provider prior
completion of the 6 months of study of the principal
course, student must apply to be released by the provider
Until the student is released, the newly selected Education provider cannot issue
the student new CoE.
There are several circumstances where release letter is not required:
• The original school ceased to be registered or the course ceased to be
registered
• The original school has had sanctions imposed on its by Government
Authorities

9. National Code Standard 7 provides some guidance and rules governing the release process.
There is however no “one size fits all” and every case is based on individual circumstances.
First step is to look into the education provider’s policy about Releasing process
National Code standard 7.2 states that education provider must specify:
• Circumstances in which a transfer / release will be granted
• Circumstances where the school provides reasonable ground for refusing the release
• Reasonable time frame for reply

10. • The policy must support the intent of the standard which recognises overseas
students as consumers and supports them to exercise choice, while
acknowledging that they may also be a group that requires support to
transition to study in Australia.
• Policies that only enable transfers in a very limited set of circumstances, acting
effectively as a blanket rule that no requests will be granted, are not
compliant.

11. If an education provider does not grant a release, the student must be provided
with written reasons for refusing the request and must be informed of his right
to appeal in accordance with Standard 8 of the national code (complaints and
appeals)

12. Once education provider granted a release to international student, it is the
student’s as well as the new education provider’s responsibility to comply with
its respective regulation:
• For student - Student visa condition 8202 - Maintain enrolment in a registered
course that is the same Australian Qualifications Framework (AQF) level or
higher
• For education provider – Standard 3.1 – cannot enrol a student who, by the
enrolment, may be in a breach of the student visa conditions