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Transfer Between Providers Policy
Student Handbook > Student-Non-Academic Policies & Procedures  >  Transfer Between Providers - International Students
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1. Purpose 
 
To describe the circumstances the Institution will enrol an international student transferring to the Institution and release an international student from the Institution to another registered provider, prior to the completion of six months of study in their principal course. The policy ensures the Institution is compliant with the ESOS Act and the requirements of the National Code, Standard 7.
 
2. Scope 
 
This policy applies to all international students holding a student visa and requesting a transfer or release before the completion of six months of their principal course.
This policy does not apply to international students who:
have completed six months of their principal course with the Institution;
transfer to another course within the Institution; or
hold a visa, that is not a student visa, and that visa is not subject to the National Code.
 
3. Definitions
 
Principal course means the main course of study to be undertaken by an international student where a student visa has been issued for multiple courses of study. The principal course of study would normally be the final course of study where the international student arrives in Australia with a student visa that covers multiple courses. 
 
4. Transferring from another registered provider to the Institution
 
4.1. An international student wishing to transfer to the Institution before the student has completed six months of their principal course with another registered provider, will only be issued a Confirmation of Enrolment (CoE) after signing the Offer of Acceptance and Written Agreement, paying the required deposit, and where one of the following scenarios apply:
   4.1.1. The original registered provider, or the course in which the international student is enrolled, has ceased to be registered;
   4.1.2. The original registered provider has had a sanction imposed on its registration by TEQSA that prevents the international student from continuing their course at that registered provider;
   4.1.3. The original registered provider has agreed to the international student’s release and recorded the release on PRISMS; or
   4.1.4. Any government sponsor of the international student considers the change to be in the international student’s best interests and has provided written support for the change.
 
5. International students seeking release from the Institution
 
5.1. The Institution retains the right to refuse or grant a release to a student wishing to transfer to another provider prior to completing six months of their principal course at the Institution subject to the provisions outlined in paragraph 5.2 and 5.4.
 
5.2. Students seeking to transfer to another registered provider and have not yet completed six months of their principal course may apply for a release where the Institution determines granting the release is in the best interests of the student. The circumstances the Institution deems as being in the student’s best interests may include (but are not limited to):
   5.2.1. The student is in receipt of a packaged Confirmation of Enrolment (CoE) and has not met the requirements for the principal course. 
   5.2.2. The student is not meeting satisfactory course progress at the level they are studying after being genuinely engaged with the Institution’s intervention strategy;
   5.2.3. The Institution fails to provide the course as detailed in the letter of offer;
   5.2.4. The student provides evidence their reasonable expectations about their current course are not being met;
   5.2.5. The student provides evidence they were misled by the Institution or an International Representative of the Institution, regarding the Institution or its course and the course is unsuitable to their needs and/or study objectives;
   5.2.6. An internal or external appeal on another matter results in a decision or recommendation to release the student;
   5.2.7. The student provides evidence of compassionate or compelling circumstances which have not been resolved using the Institution’s support services including (but not limited to):
     a. serious illness or injury affecting a student’s ability to study;
     b. witnessing or being the victim of a serious crime;
     c. bereavement of close family members, such as parents or grandparents;
     d. major political upheaval or natural disaster in a student’s home country; or
     e. traumatic upheaval;
 
5.3. If a release is granted, it will be at no cost to the student.
 
5.4. The Institution may refuse to release a student seeking to transfer to another registered provider before the completion of six months of their principal course including (but not limited to) where:
   5.4.1. The request is considered detrimental to the student’s wellbeing;
   5.4.2. The student has not submitted to the Institution a valid enrolment offer from another registered provider, as per the Release Request Procedures;
   5.4.3. The student does not meet a stated requirement, as per 5.2, or provide adequate evidence;
   5.4.4. The student is under 18 years of age and no written evidence has been submitted from the parent or legal guardian to support the transfer;
   5.4.5. The student is under 18 years of age and does not have suitable arrangements for accommodation, support and general welfare;
   5.4.6. The student has not exhausted access to the Institution’s support services for assistance with personal or study issues, including as part of an intervention strategy where the student has been determined as not meeting satisfactory course       progress;
   5.4.7. The student has an outstanding debt with the Institution;
   5.4.8. The student is changing their principal course to a lower AQF level or non-AQF level;
   5.4.9. The transfer may jeopardise the student’s progression through a package of programs;
   5.4.10. The reason for the request is based on accommodation issues;
   5.4.11. The reason for the request is based on employment issues;
   5.4.12. The student is avoiding being reported to the relevant government department for failure to meet the Institution’s attendance or academic progress requirements;
   5.4.13. The student’s enrolment status at the Institution is suspended or excluded due to breaching the Student Code of Conduct, the Institution’s rules, regulations and policies;
   5.4.14. The student claims financial hardship or transferring to another provider where tuition fees are lower; 
   5.4.15. The reason for the request is based on change of mind for course and provider; or
   5.4.16. The student submits fraudulent documentation to support the release request.
 
5.5. Approval of release by the Institution is not required if the student:
   5.5.1. Has been studying in their principal course for six months or more;
   5.5.2. Intends to discontinue their studies and return to their home country;
   5.5.3. Any government sponsor of the international student considers the change to be in the international student’s best interests and has provided written support for the change;
   5.5.4. The Institution has ceased to be registered, or the course in which the student is enrolled has ceased to be registered; or
   5.5.5. The Institution has had a sanction imposed on it by the TEQSA that prevents the student from continuing their principal course.
 
6. Students under 18 years of age
 
6.1. If the student is under 18 years of age:
   6.1.1. The Institution must have written evidence from the student’s parent or legal guardian to support the transfer; and
   6.1.2. If the student is not being cared for in Australia by a parent or suitable nominated relative, the receiving provider must make arrangements to approve the student’s accommodation, support and general welfare arrangements in accordance with the National Code, Standard 5. 
 
7. Timeframe for release request
 
7.1. As per the Release Request Procedures, a student will receive written notification of the outcome of their request for release to transfer to another registered provider within 10 working days of the submission of the formal request.
 
8. Complaints and appeals
 
8.1. Students whose request for release is refused have the right to lodge a complaint under the Complaints and Appeals Policy and Complaints and Appeals Procedures.
 
9. Refund of tuition fees
 
9.1. Any requests for refund of tuition fees will be in accordance with the institution’s Refund of Fees Policy – International Students
 
 
10. Roles and responsibilities 
 
The Vice President (Student Engagement & Registrar) is responsible for overseeing the implementation of the Transfer Between Providers Policy and the Release Request Procedures
 
The Deputy Registrar (Engagement & Student Lifecycle) is responsible for maintaining a register on requests to transfer between providers and regular reporting to the Executive Management Group.
 
11. Related and superseded documents 
Admissions Policy
Complaints and Appeals Policy
Complaints and Appeals Procedures
Release Request Procedures
 
Approved by Board of Directors 27 May 2019
International College of Management, Sydney Pty Ltd ACN 003 144 045 ATF The ICTHM Trust ABN 54 174 259 919, trading as International College of Management, Sydney and Aspire Institute, Aspire English, International Sport College of Australia CRICOS Provider Code: 01484M, RTO Code: 90851, TEQSA ID: PRV12025