Transfer and Release for International Students

Transfer and Release for International Students

SUMMARY

The Transfer and Release for International Students Policy establishes the circumstances under which the University will allow both the enrolment of transferring international students and the release of international students from the University to another registered provider within the first six months of study in their principal program. The Procedure provides further information concerning the the management of transfer and release requests from international students.

POLICY

Purpose

To outline the circumstances under which the University will allow both the enrolment of transferring international students and the release of international students from the University to another registered provider within the first six months of study in their principal program.

Overview

The National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students (2007) (‘the National Code’) restricts higher education providers from enrolling international students transferring from another education provider within the first six months of study in their Principal Program (MQ Course), except in limited circumstances.

Macquarie University has determined circumstances whereby it will enrol an international student seeking to transfer to the University and where it will approve a student to be released from the University prior to the completion of six months of study in their Course.

Following the completion of six months of study in their Course international students are not required to seek release.

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;
  • 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;
  • have completed more than six months of their Course with Macquarie University (the Course for which the student was given their current visa).

DEFINITIONS
Award or Award Course (Course):  the qualification resulting from the satisfactory completion of a specific program of study or research.

ESOS:  Education Services for Overseas Students Act 2000 (Cwlth).

Registered Provider:  a higher education provider registered in accordance with the ESOS Act.

Package Offer:  an offer to study multiple Courses, which may or may not be wholly provided by the University.

Package Provider: a Registered Provider with whom package offers can be made.

Program of Study: the combination of units and components that must be satisfactorily completed to qualify for a Macquarie University Award.

Scope

This policy applies to all international students who hold a student visa, who have been offered admission to a Macquarie University Course and those students who have been issued with a Package Offer of admission for more than one Course, including a Course at Macquarie University.

Policy

STUDENTS SEEKING TRANSFER TO  MACQUARIE
The University may enrol an international student transferring from another Registered Provider prior to the completion of six months’ study in their Course if:
  • the original Registered Provider has ceased to be registered or the Course in which the student is enrolled has ceased to be registered;
  • the original Registered Provider has issued a written letter of release;
  • 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 in their Course; or,
  • a government sponsor of the student considers the change to be in the student’s best interest and has provided written support for that change.
 

STUDENTS SEEKING RELEASE FROM MACQUARIE
The University 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 Course.

Students who have not completed six months of study in their Course with Macquarie University may apply for a release to transfer to another Registered Provider when:
  • the circumstances outlined in (i), (iii) and (iv) above are applicable to Macquarie University;
  • a student requests a transfer to a Course at an academic level considered higher than the level of their current Course in a discipline area not available at the University, evidenced with a valid offer of admission from another Registered Streamlined Visa Processing (SVP) Provider, and; or
  • the student can demonstrate exceptional compelling circumstances which necessitate transfer to another Registered Provider considered by the Director, Macquarie International; and
  • the student can demonstrate exceptional personal circumstances which have not been successfully resolved after they have accessed the University’s support services.

In determining requests for release from students with a Package Offer, the University will take into account the recommendation of the package provider. However, the University reserves the right to differ with the recommendation of the package provider and the decision of the University will be final.

Conditions under which a letter of release will not be granted
The University will not approve a release request in the following circumstances, the:
  • student has outstanding debts or fines;
  • student has academic and/or non-academic sanctions;
  • student has changed their mind about the Course they wish to study;
  • transfer request is to study a Course at an academic level that is considered lower than their current;
  • student has not exhausted access to either the University’s support services for assistance with study or personal issues or for students with a Package Offer, the services offered by the Package Provider;
  • student has already accepted and paid for a Course at another Registered Provider;
  • student cites work commitments or demands of employment;
  • student is under 18 and there is no written evidence that the student’s parent or legal guardian supports the transfer;
  • student is under 18 and does not have suitable approved arrangements for accommodation, support and general welfare; or,
  • University believes that the student is attempting to avoid being reported to the Department of Immigration and Border Protection (DIBP) for not meeting Course requirements;
  • University does not agree that the transfer is in the best interests of the students’ academic progress or future study plans;
  • government sponsor of the student does not approve the request
  • University believes the student has made decisions post-enrolment regarding accommodation, employment or travel that are not aligned with the requirements of the students Course
  • student applies to transfer from a Macquarie Course/Package that was processed under SVP to a Course at Registered Provider that is not eligible for SVP.
Circumstances in which a letter of release is not required
A letter of release is not required if, the student:
  • has been studying in their Course for more than six months (the Course for which they were given the current visa), or;
  • does not meet the conditions of their letter of offer and therefore cannot commence their Course at the University and a suitable alternative Course at the University is not available, or;
  •  wishes to discontinue studying at the University and intends to return to their home country, or;.
  • is holding any other kind of temporary residence visa, that is not subject to the National Code, or;
  • is an Australian Government Sponsored student (not subject to the ESOS Act) and the sponsor supports the transfer , or;
  • is sponsored by the government of another country and the sponsor issues a letter supporting the transfer.

REFUNDS OF TUITION FEES
The provisions of the University’s International Fee Refund Policy will apply when a student’s request for release is granted.

APPEALS

A student who has been denied release may appeal the decision.

All appeals must be made in writing and be addressed to the Director, Macquarie International or their nominee.

All appeals will be considered within 10 working days after submission, and completed in a reasonable timeframe which takes into account the student’s future enrolments and the length of their student visa.

Following a determination from the Director, Macquarie International students who have been denied release may access the University’s internal appeal mechanisms.

Following the outcome of an internal appeal, students have the ability to lodge an external appeal to the New South Wales Ombudsman.

In accordance with the provisions of the National Code, a student’s enrolment will be maintained while an internal appeal is being heard.

COMPLIANCE AND BREACHES
The University may commence applicable disciplinary procedures if a person to whom this Policy applies breaches this Policy (or any of its related procedures).

Policy Information

Contact OfficerInternational Compliance Manager
Date Approved6 March 2014
Approval AuthorityDeputy Vice Chancellor (International)
Date of Commencement6 March 2014
Amendment Historyn/a
Date for Next ReviewMarch 2017
Related Documents

International Student Transfer and Release Procedure
Request for a Release Letter Form
International Fee Refund Policy

National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students (2007)
Education Services for Overseas Students Act 2000 (Cwlth)

Policies / Rules Superseded by this Policy

Any Transfer and Release processes outlined in the University Handbooks (both published and online), the Academic Manual and any local policies (Division, Faculty or Department) are replaced by this Policy.

KeywordsESOS, International Student, National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students (2007) ‘The National Code’, Streamlined Student Visa Processing, Release Letter, Transfer, Package Provider.

PROCEDURE

Purpose

To set out the steps and responsibilities required to manage transfer and release requests from international students in accordance with the Transfer and Release for International Students Policy.

Procedure

This procedure requires actions by the following:
  • MI Admissions Manager / HDRO Manager Operations
  • MI Admissions Officer / HDRO Admissions Officer
  • International Students
  • Marketing & Recruitment
  • SIBT Admissions Officer
  • MQELC Student Services Officer
  • Director Macquarie International
  • Director Research Training and International Research Training Partnerships
The steps or actions that need to be undertaken include:
  • Submit request
  • Compile documentation
  • Consider request
  • Respond to request
  • Submit appeal
  • Process appeal
  • Recommend on appeal
  • Determine appeal
Marketing & Recruitment/ SIBT/ MQELC Admissions

Pre – commencement
If students indicate they wish to withdraw their application call relevant agent requesting clarification.

MI Admissions Officer / HDRO Admissions Officer

COMPILE DOCUMENTATION
Non Pathway Students
Receive Transfer and Release Request Form from student, compile information on student case, draft Template letter.

Send all documents to relevant MI Admissions Manager / HDRO Manager Operations for consideration.

RESPOND TO REQUEST
Receive signed Template letter from MI Admissions Manager / HDRO Manager Operations and send response to student.

PROCESS APPEAL
If appeal is received, draft a recommendation for consideration by MI Admissions Manager / HDRO Manager Operations.

Upon receipt of appeal decision, send response to student within the specified timeline.  If the student is at MQ ELC return the decision to MQ ELC.

SIBT Admissions Officer

CONSIDER REQUEST
Receive Transfer and Release Request Form from SIBT student, compile information on student case, make decision on behalf of MQ against Policy requirements and respond to student in writing.

PROCESS APPEAL
If appeal is received, forward student’s original application to MI Admissions Manager.

Upon receipt of decision from MI Director, MI Admission Manager sends response to student within the specified timeline.  For MQ ELC Students, return the decision to MQELC.

MQ ELC
Student Services

CONSIDER REQUEST
Advise MI and SIBT Admissions Officers if student applies for Transfer from MQ ELC Course on an Offer packaged with MI and/SIBT.

Receive Transfer and Release Request Form from MQ ELC student.

Refer Request to SIBT/MI Admissions Officers.

Send response to student.

PROCESS APPEAL
If an appeal is received, refer it to MI Admissions Officer.

Send response to student.

MI Admissions Manager /
HDRO Manager Operations

CONSIDER REQUEST
Receive Transfer and Release Request Form, supporting information and draft Template letter.

Consider all relevant information against Policy requirements and sign or amend draft Template letter.

Return Template letter to relevant Admissions Officer to respond.

RECOMMEND ON APPEAL
Confirm appeal and put recommendation to MI Director / Director, Research Training & International Research Training Partnerships for determination.
Director, Research Training and International Research Training Partnerships

DETERMINE  APPEAL
Consider appeals from HDR students whose Request to Transfer and Release was refused.

Return appeal determination to relevant Admissions Officer within the specified timeframe.

MI Director

DETERMINE  APPEAL

Consider appeals from Coursework students whose Request to Transfer and Release was refused.

Return appeal determination to relevant Admissions Officer within the specified timeframe.

International Students

SUBMIT REQUEST
Complete request for Transfer and Release Application Form and submit it to the relevant office.

For Coursework Students:  Submit completed form to Macquarie International

For HDR Students:  Submit completed form to HDRO

For SIBT Students:  Submit completed form to SIBT Admissions

For MQ ELC Students:  Submit completed form to MQELC Admissions

Receive response and take the necessary action.

APPEAL DECISION
Access the relevant appeal process if the Request is refused.

For Coursework Students:  Director, Macquarie International
For HDR Students:   Director, HDRO
For SIBT Students:  Director, Macquarie International
For MQELC Students: Director, Macquarie International

Procedure Information

Contact OfficerInternational Compliance Manager
Date Approved6 March 2014
Approval AuthorityDeputy Vice Chancellor (International)
Date of Commencement6 March 2014
Amendment Historyn/a
Date for Next ReviewMarch 2017
Related DocumentsTransfer and Release for International Students Policy / Request for a Release Letter Form
Appeal Policy  (under development)
KeywordsInternational, Transfer and Release, Students
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