English Language Centre Transfer and Release for International Students
The Macquarie University English Language Centre (ELC) Transfer and Release for International Students Policy specifies the circumstances under which the ELC will allow both the enrolment of transferring international students and the release of international students from the ELC to another registered provider to or within the first six months of study in their Principal Course.
To specify the circumstances under which the English Language Centre (ELC) will allow both the enrolment of transferring international students and the release of international students from the ELC to another registered provider to or within the first six months of study in their Principal Course.
The National Code of Practice for Providers of Education and Training to Overseas Students (2018) (‘the National Code’) restricts registered providers from enrolling international students transferring from another education provider prior to completing six months of study in their principal course, except in limited circumstances.
The ELC has determined circumstances whereby it will enrol an international student seeking to transfer to the ELC and where it will approve a student to be released from the ELC prior to the completion of six months of study in their Principal Course.
Following the completion of six months of study in their principal course, international students are not required to seek release.
This policy applies to all international students transitioning from Access Macquarie Limited to Macquarie University who hold a student visa and who have accepted an offer to a Macquarie University English Language Centre course.
This Policy does not apply to international students who:
- hold a visa other than a student visa and that visa is not subject to the National Code;
- are transferring from one course to another within Macquarie University English Language Centre;
- are in receipt of an Australian Commonwealth Government Scholarship (that is not subject to ESOS Act), and the sponsor supports a transfer;
are sponsored by the government of another country and the sponsor issues a letter supporting the transfer;
Award or Award Course (course): the qualification resulting from the satisfactory completion of a specific program of study or research.
ELICOS: English Language Intensive Courses for Overseas Students
ESOS: Education Services for Overseas Students Act 2000 (Cwlth).
Package Offer: an offer to study multiple courses, which may or may not be wholly provided by Macquarie University.
Package Provider: a Registered Provider with whom package offers can be made.
Principal Course: the main course or the final course as part of the package of courses to be undertaken by an overseas student where a student visa has been issued for single course or multiple courses of study.
Principal Provider: the Registered Provider who will deliver the course for which the student’s visa was issued (usually the last course of study).
PRISMS: the Australian government’s Provider Registration and International Student Management System used to record student’s enrolment information.
Program of Study: the combination of units and components that must be satisfactorily completed to qualify for a Macquarie University Award.
Registered Provider: an education provider that is registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).
Unpackaged Offer: an offer to study ELICOS courses only, which are wholly provided by Macquarie University English Language Centre.
5 POLICY STATEMENT
5.1 STUDENTS SEEKING TRANSFER TO MACQUARIE UNIVERSITY ENGLISH LANGUAGE CENTRE
The ELC may enrol an international student transferring from another Registered Provider prior to the completion of six months’ study in their Principal Course if:
(i) the original Registered Provider, or the course in which the overseas student is enrolled, has ceased to be registered; or,
(ii) the original Registered Provider has agreed to the overseas student’s release and recorded the date of effect and reason in PRISMS; or,
(iii) the original Registered Provider has had a sanction imposed on its registration by the ESOS agency that prevents the overseas student from continuing in their course; or,
(iv) 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 that change.
5.2 PACKAGED OFFER STUDENTS SEEKING RELEASE FROM MACQUARIE UNIVERSITY ENGLISH LANGUAGE CENTRE
The Principal Provider retains the right to grant or refuse a student’s request to transfer to another Registered Provider.
Students should refer to the Transfer and Release for International Students Policy of the Principal Provider.
5.3 UNPACKAGED OFFER STUDENTS SEEKING RELEASE FROM MACQUARIE UNIVERSITY ENGLISH LANGUAGE CENTRE
The ELC retains the right to grant or refuse a student’s request to transfer to another Registered Provider within their first six months of study in their Principal Course.
Students who have not completed six months of study in their course with the ELC may apply for a release to transfer to another Registered Provider when:
(i) the circumstances outlined in the Section 5.1 clauses (i), (iii) and (iv) above are applicable to the ELC; or
(ii) the student can provide a valid enrolment offer from another Registered Provider; and
(iii) the student can demonstrate exceptional compelling circumstances which necessitate transfer to another registered provider; or
(iv) the student can demonstrate exceptional personal circumstances which have not been successfully resolved after they have accessed the ELC’s support services.
(v) the student has been determined as not meeting satisfactory course progress at the level they are studying and will be reported in PRISMS for unsatisfactory course progress, with evidence that the student has fully engaged with the University’s intervention strategy.
(vi) The ELC fails to deliver the course as outlined in the written agreement.
(vii) the student can provide evidence that his or her reasonable expectations about their current course are not being met due to misleading information provided by the University or its representatives.
(viii) an appeal (internal or external) on another matter results in a decision or recommendation to release the student.
5.4 Conditions under which a letter of release will not be granted
The ELC will not approve a release request in the following circumstances, the:
(i) student has outstanding debts or fines;
(ii) student has academic and/or non-academic sanctions;
(iii) student has changed their mind about the course they wish to study;
(iv) student has not exhausted access to the ELC’s support services for assistance with study or personal issues;
(v) student has already accepted and paid for a course at another Registered Provider;
(vi) student cites work commitments or demands of employment;
(vii) student is under 18 and there is no written evidence that the student’s parent or legal guardian supports the transfer;
(viii) student is under 18 and does not have suitable approved arrangements for accommodation, support and general welfare;
(ix) ELC believes that the student is attempting to avoid being reported to the Department of Home Affairs (DHA) for not meeting course attendance or progression requirements;
(x) ELC does not agree that the transfer is in the best interests of the students’ academic progress or future study plans;
(xi) government sponsor of the student does not approve the request;
(xii) ELC believes the student has made decisions post-enrolment regarding accommodation, employment or travel that are not aligned with the requirements of the student’s course.
5.5 Circumstances in which approval of release is not required
Approval of release is not required if, the student:
(i) has been studying in their Principal Course for more than six months (the course for which they were given the current visa), or;
(ii) wishes to discontinue studying at the ELC and intends to leave Australia, or;
(iii) is an Australian Government Sponsored student (not subject to the ESOS Act) and the sponsor supports the transfer, or;
(iv) is sponsored by the government of another country and the sponsor issues a letter supporting the transfer.
5.6 Refunds of Tuition Fees
The provisions of the ELC’s Refund Policy will apply when a student’s request for release is granted.
A student who has been denied release may appeal the decision in accordance with the Macquarie University English Language Centre Complaints and Appeals Policy.
In accordance with the provisions of the National Code, a student’s enrolment will be maintained while an internal appeal is being heard.
5.8 Compliance And Breaches
The ELC may commence applicable disciplinary procedures if a person to whom this Policy applies breaches this Policy (or any of its related procedures).
6 KEY RELATED DOCUMENTS
ELC Refund Policy
Education Services for Overseas Students Act 2000 (Cwlth)
MUIC-ELC Governance Manager
MUIC-ELC Governance Manager
Approval Authority / Authorities
Deputy Vice-Chancellor (Academic)
Date of Commencement
Date for Review
Documents Superseded by this Policy