International Students Requesting Transfer to Another Institution Procedure

Document Number	000842
Date Approved	3 October 2007

1. Context

This procedure supports the requirements of Standard 7 Transfer between Registered Providers of the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students and the Commonwealth Government’s Education Services for Overseas Students (ESOS) Act 2000.

2. Scope

This procedure applies to all international students requesting a transfer between registered providers prior to completing six months of their principal program of study.

Under ESOS legislation, students who have completed more than six months of their principal program are not required to formally seek permission to transfer between providers. However, students must advise the University in writing of their cessation of studies at the University of Newcastle. The University will then cancel the Confirmation of Enrolment and notify the relevant Australian Government departments that they are no longer enrolled at the University of Newcastle.

3. Definitions

In the context of this document:

National Code means the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students.

principal program refers to the primary program the student has applied to undertake, usually a Bachelor or Master program. For students at The University of Newcastle on a nested offer (for example, ELICOS then International Foundation then a Bachelors program), the principal program refers to the highest award.

Registered Provider means another Australian educational institution listed in the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) and therefore having a current CRICOS provider number/code.

the University means the University of Newcastle.

4. Procedure

4.1. International students who have not yet completed six calendar months of study in their principal program at the University of Newcastle may be eligible to transfer to another registered provider.

4.2. Students must apply for the transfer, in writing, using the appropriate Request for Letter of Release form. The Request for Letter of Release form should be submitted to the University’s Admissions and Enrolments Unit via mail or in person at any of the University’s Student Hubs.

4.3. To be eligible for a transfer, a student must::

i.         have completed the necessary application form requesting the release letter, stating the reason/s why they are requesting this transfer and providing documentary evidence of the grounds for their request . Allowable reasons may include:

a)        medical grounds;

b)        disability or long term medical condition;

c)        compassionate/hardship grounds - for example to move with or closer to family who reside in Australia; and

ii.        have received a valid enrolment offer to another program at another registered provider, and provided proof of this new offer.

4.3.1. All documentation must be in English. If that is not possible, a certified and signed translation of the documentary evidence can be submitted.

4.3.2. Failure to provide documentary evidence relating to clause 4.3.i and 4.3.ii may result in the transfer request being denied by the University.

4.4. In accordance with the National Code, students under the age of 18 years must also provide the University of Newcastle with:

i. written confirmation from the student’s parent or legal guardian supporting the transfer; or

ii. written confirmation from the other provider (where the student is not being cared for in Australia by a parent or suitable nominated relative), confirming that the provider will accept the responsibility for approving the student’s accommodation, support and general welfare arrangements in line with Standard 5 (Younger Students) of the National Code.

4.4.1. An incomplete application and/or failure to provide this information or to produce adequate and complete documentation about the new accommodation, support and general welfare arrangements, will result in the University’s denying the transfer request.

4.5. Students included in a third party contractual agreement between the University and another institution are not permitted to transfer to another provider at any time.

4.6. The University may also refuse a transfer when:

4.6.1. a student, is deemed to be in breech of the University’s Rules and Policies including the Student Misconduct Rule; or

4.6.2. the transfer is considered detrimental to the student; or

4.6.3. the student is indebted to the University.

4.7. A student may be released to another registered provider if there are outstanding fees. However, approval must be sought from the Manager, Admissions and Enrolments. The Manager, Admissions and Enrolments will determine, in consultation with the Manager, Fees and Scholarships whether the student should be released, bearing in mind that not releasing the student may be detrimental to the University and/or the student.

4.8. If the transfer is approved, a Letter of Release will be provided to the student within five working days. This letter will be emailed to their studentmail account.

4.9. If the transfer is not approved, the student will be notified in writing, within five (5) working days, of:

i. the reason the release was not approved; and

ii. the student’s right to appeal the decision in accordance with the University’s Complaints Resolution Policy 000754.

4.10. The Department of Immigration and Citizenship (DIAC) will be notified within fourteen days of a student’s being released. Comments specifying the reason for release will be provided. The electronic Confirmation of Enrolment (eCoE) for the student’s University of Newcastle program will be cancelled.

4.11. Copies of all documentation relating to the transfer request, including the decision of the University, will be retained in accordance with the University’s Records Management Policies.

5. Related Documents

Complaints Resolution Policy 000745

Records Management Policy 000285

Student Misconduct Rule 000935