International Students and the National Code

Students

• National Code
• Visa renewals
• Full-time Study?
• Transfer to Another Provider
• Leave of Absence
• Online and Distance Study

National Code

In 2007, new legislation regulating the provision of education to onshore international students was introduced. The National Code (2007) is part of the ESOS Act (Education Services for Overseas Students Act). This Act governs the provision of education to onshore international students in Australia.

If you are studying in Australia on a student visa, this affects you.

ESOS Framework: Australian Government information

The following applies to all new and continuing onshore international students studying in Australia on a student visa:

Full-time Study?

International students are required to complete their study within the expected program duration.

The expected duration is given on your eCoE (Electronic Confirmation of Enrolment). To complete your program in the expected duration, you will usually need to be enrolled in a 100% load each semester.

There are now situations, however, where you can enrol in a less than full-time load:

• as part of a documented intervention strategy authorised by your Dean of Academic Development;
• when you have compassionate or compelling circumstances, documented by your Dean of Academic Development;
• when you have undertaken extra study (i.e. summer semester courses);
• you only have a few courses left to complete and these do not constitute a full-time load.

Please note: if you do not maintain a full-time load and you do not have a valid reason, if you do not complete your program within the expected duration you will not have grounds to apply for a new eCoE from RMIT. Please see the Visa Renewals section

For more information, email: esos@rmit.edu.au

Or visit: RMIT International Student Service Centre

RMIT Building 108
Level 4, 239 Bourke St, Melbourne
Phone: 9925 5106/ 5103

Transfer to Another Provider

Students who wish to cancel their enrolment at RMIT and transfer to another education provider can do so freely after six months of study in their principal program. (If you are here to study a single program, that is the principal program. If you are here to study more than one program, the principal program is the final program of a packaged offer.)

Students are restricted from transferring to another Australian education provider if they have not finished six calendar months of study in their principal program.

If you want to transfer before you have finished six months of study in your principal program, you must apply to International Services for a Release Letter.

Applying for a Release Letter

To apply for a Release Letter, you must submit an Application to Transfer Provider form to International Services. Click here for the Application to Transfer Provider form. You need to:

• Provide a copy of a valid Offer Letter from another institution
• Meet one of the grounds for release. The grounds for release are:
• RMIT has cancelled/ceased to offer your program (letter from RMIT required)
• Government sponsor considers the change to be in your best interest, if you are a sponsored student (written confirmation from sponsor required)
• Unable to meet academic requirements for entry into program (documentation required)
• Exceptional circumstances (documentation required). Exceptional circumstances are circumstances beyond the student's control. Evidence is required.

Under 18 students: If you are under 18 years of age, written confirmation that your parents or guardian support the transfer will also be required. If your care arrangements are being approved by RMIT, your new provider need to accept responsibility for approving your care arrangements from a suitable date before RMIT can release you.

A letter of release will not be granted if the student:

• Does not satisfy the requirements outlined above;
• Has already cancelled their enrolment at RMIT University.

Please refer to RMIT's Suspension of Studies procedure.

Outcomes

Students will be notified of the outcome of their application via student email, within ten working days of lodging the application with International Services.

Approved: If your application is approved, you will be notified via student email and you will need to meet with the Student Visa Coordinator to collect the Release Letter. You will be advised to notify DIAC of change of provider and for visa advice; to cancel your enrolment at RMIT; and to submit a refund application if appropriate.

Rejected: If your application is rejected, you will be informed via student email. This notification will include information about your right to lodge an appeal against this decision. If you choose to appeal, you must lodge an appeal in writing (with any supporting documentation), within 20 working days of the email notification.

For the international student appeal form, and information on how to appeal, please go to: Information for Students Submitting an Appeal. If you choose to lodge an appeal, you must remain enrolled and attend all classes as normal until the process is complete.

Leave of Absence

To apply for Leave of Absence, you must show that you have “compassionate or compelling” circumstances. Your Leave will need to be approved by your Head of School and authorised by International Services.

Please note: if you are granted Leave of Absence, you must leave Australia within 28 days. If you are away for more than six months, your visa may be cancelled. Please contact DIAC for information about your visa before submitting a Leave of Absence application.

Examples of acceptable “compassionate or compelling” circumstances include:

• serious illness or injury (supported by medical certificate which states the student was unable to attend classes)
• bereavement of close family members such as parents or grandparents (supporting documentation required)
• major political upheaval or natural disaster in the home country requiring emergency travel, which has impacted on the student's studies (supporting documentation required)
• a traumatic experience eg, involvement in, or witnessing a serious accident,
• witnessing or being the victim of a serious crime (supported by police or psychologists' reports)
• RMIT University was unable to offer a prerequisite unit or courses needed to meet award requirements
• delay in receiving a student visa (supported by relevant, dated visa documentation)
• other (attach supporting documentation)

Click here for the Leave of Absence forms

For more information, email: esos@rmit.edu.au

Or visit: RMIT International Student Service Centre

RMIT Building 108
Level 4, 239 Bourke St, Melbourne
Phone: 9925 5106/ 5103

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Online and Distance Study

International students can enrol in online/distance study modes, when such modes are offered as part of CRICOS-registered programs. However, there are limitations:

• Online and distance courses can only make up 25% of your total program; and
• In each compulsory semester, you must be enrolled in at least one unit that is delivered face-to-face.

In a non-compulsory semester (i.e. summer school), you may enrol full-time in online/distance courses. However, these will be counted towards your 25% limit.

For more information, email: esos@rmit.edu.au

Or visit: RMIT International Student Service Centre

RMIT Building 108
Level 4, 239 Bourke St, Melbourne
Phone: 9925 5106/ 5103

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Visa renewals

To renew your student visa, you need to apply for a new eCoE from International Services. To do this you must fill out the “Visa Renewal Documentation Request Form”. You need to indicate why you are applying for an extension, and you MUST attach supporting documentation.

The reasons for requiring an extension are:

• Intervention strategy in place (your school must attach documentation)
• RMIT approved deferment or leave of absence
• Change of program, or Transfer of provider
• Compassionate or compelling circumstances:

This is one of the following reasons. You must attach supporting documents:

• serious illness or injury (supported by medical certificate which states the student was unable to attend classes)
• bereavement of close family members such as parents or grandparents (supporting documentation required)
• major political upheaval or natural disaster in the home country requiring emergency travel, which has impacted on the student's studies (supporting documentation required)
• a traumatic experience eg, involvement in, or witnessing a serious accident,
• witnessing or being the victim of a serious crime (supported by police or psychologists' reports)
• RMIT University was unable to offer a prerequisite unit or courses needed to meet award requirements
• delay in receiving a student visa (supported by relevant, dated visa documentation)
• failed occasional courses throughout the program
• academic progress prior to 1 July 2007 meant unable to complete within expected duration
• other (attach supporting documentation)

Remember: you must attach supporting documentation for your request to be processed.

For more information on the visa renewal process, please see: http://www.rmit.edu.au/international/visa_renewal

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