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  1. Academic
Authority Source: Academic Board
Approval Date: 06/12/2023
Publication Date: 09/01/2024
Review Date: 08/01/2027
Effective Date: 19/01/2024
Custodian: Pro Vice-Chancellor, Future Students
Contact: Manager, International
Accessibility: Public
Status: Published
In developing this policy the University had regard to the provisions of section 40B(1)(b) of the Human Rights Act 2004 (ACT).
International Student Policy
1. Purpose:
  1. This Policy:
    1. sets out the values, principles and responsibilities for supporting international students at the University of Canberra (the University), from pre-enrolment through to course completion;
    2. supports the University in meeting the requirements of the Education Services for Overseas Students (ESOS) legislative framework and the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (the National Code 2018) for international students enrolled at the University;
    3. is consistent with the requirements of the Higher Education Standards Framework (Threshold Standards) 2021 to protect and enhance the University’s reputation for quality education and training service; and
    4. maintains the University’s status as a Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) registered provider by supporting compliance with the ESOS Act 2000 (Cth) and the ESOS legislative framework.
  2. This Policy is supported by:
    1. Attendance for University of Canberra College ELICOS and Foundation Programs Procedure;
    2. Completion within Expected Duration of Study for International Students Procedure;
    3. Deferring, Suspending or Cancelling an International Student’s Enrolment Procedure;
    4. International Student Transfer Assessment Procedure; and
    5. Welfare Arrangements for Under 18 International Students Procedure.
2. Scope:
  1. This Policy applies to:
    1. all University and University of Canberra College (UCC) students whether inside or outside Australia who hold a student visa as prescribed by the Migration Regulations 1994 (Cth); and
    2. University staff and staff of a third-party provider who interact directly with international students as part of the delivery of a program or course on behalf of the University.
  2. As the ESOS legislative framework does not apply to offshore students and students on other types of visa subclasses, those students are not covered within the scope of this Policy.
3. Principles:
General
  1. The University values the contribution of international students to the life of the University through:
    1. offering new ideas and experiences through discussions, working groups and committees;
    2. sharing insights to build cross-cultural awareness in local and international students;
    3. building the cultural vibrancy of our campus;
    4. linking domestic and international students to global alumni networks; and
    5. enriching research output through current and future international collaborations.
  2. The University upholds the ESOS Legislative Framework.
Admission and Enrolment
  1. Admission requirements for the University are outlined in the University of Canberra (Admission) Rules 2022, which are supported by the Admission (for Undergraduate and Postgraduate Coursework Courses) Policy and the Higher Degree by Research (HDR) Courses Policy.
  2. Enrolment requirements for the University are outlined in the Enrolment Policy.
  3. All international students must satisfy visa requirements under the Migration Act 1958, as outlined on the Department of Home Affairs website. Changes to international student enrolments may be limited due to visa requirements.
Deferring, Suspending or Cancelling an International Student’s Enrolment
  1. In accordance with the University’s Deferring, Suspending or Cancelling an International Student’s Enrolment Procedure, the University may suspend or cancel an international student’s enrolment based on, but not limited to:
    1. misconduct by the international student as determined under the University of Canberra (Student Conduct) Rules 2023, and supported by the Academic Integrity Policy;
    2. the international student’s failure to pay the required amount to undertake or continue the course as stated in the international student’s Letter of Offer; or
    3. a breach of course progress or attendance requirements by the international student as outlined in the University of Canberra (Academic Progress) Rules 2022, which are supported by the University’s Academic Progress Policy.
  2. An international student may submit an application to defer their enrolment in accordance with the requirements set out in the Admission Rules on the basis that they can demonstrate through supporting evidence they are experiencing compassionate or compelling circumstances.
International Student Transfer Assessments
  1. The University will administer requests for transfer from international students holding a student visa in a manner consistent with the requirements of the ESOS Act 2000 (Cth) and the National Code 2018.
  2. The University will consider and process applications for transfer in accordance with the International Student Transfer Assessment Procedure.
  3. Except in circumstances prescribed by the National Code 2018 (and outlined in the University’s International Student Transfer Assessment Procedure), the University will not knowingly admit an international student seeking to transfer from another registered provider prior to the student completing six months of their principal course of study.
  4. Applications by students under the age of 18 who wish to transfer to the University prior to completing the first six months of their principal course of study will be considered under the conditions set out in the International Student Transfer Assessment Procedure.
Credit and Recognition of Prior Learning (RPL)
  1. For information regarding credit and Recognition of Prior Learning (RPL) and how this impacts student visas, please refer to the University’s Credit Procedures.
Orientation, Safety and Support
  1. International students must receive an age- and culturally-appropriate orientation before the commencement of their course to:
    1. introduce them to the campus, to Canberra (or the city/town in which they are based), and Australia in general;
    2. inform them of the University’s welfare provisions (such as policies, support personnel and reporting processes);
    3. inform them of local external support and emergency resources (such as emergency services and medical services); and
    4. inform them of relevant rights and responsibilities (such as legal and working rights).
Welfare Arrangements for Under 18 International Students
  1. If an under-18 international student does not have a nominated or approved guardian, the University has responsibility under the National Code 2018 and the Migration Regulations 1994 (Cth) for their accommodation, support and welfare under the following conditions:
    1. the student must be at least 17 years of age at the time they commence their course;
    2. the student's parent/legal guardian must agree in writing to the University accepting responsibility for their child’s accommodation and welfare whilst in Australia;
    3. the student’s parent/legal guardian must agree in writing to the approved welfare provider providing ongoing welfare support to the student until they turn 18;
    4. the student is required to live in University approved homestay accommodation until 18 years of age and not change that accommodation unless written agreement is obtained from the welfare provider, the University and the student’s parent or legal guardian;
    5. the student must have an arranged pick-up by the University from the airport/bus station on arrival in Australia;
    6. the student is required to attend or access the University’s orientation program (relevant to the course that the student is commencing in (for example, ELICOS, Foundation, Diploma, or Degree), and meet with a Student Wellbeing and Support (SWS) staff member in the first week of their arrival in Australia;
    7. students who expect to arrive late must seek a late arrival permission letter from the Manager, Admissions and contact SWS on arrival; and
    8. the student is required to meet with a staff member from SWS every two weeks and at the end of each teaching period to discuss academic progress.
  2. The University will comply with Commonwealth and Australian Capital Territory legislation and regulatory requirements regarding the welfare and protection of international students under the age of 18.
  3. To meet the obligations of the National Code 2018, the University will engage a welfare provider to assist in the oversight and provision of the welfare and support for international students under the age of 18 who are not living with a parent/legal guardian or approved relative.
  4. The University may engage a homestay provider to provide suitable accommodation for international students under the age of 18. Responsibility for the student’s welfare remains with the University.
  5. The University will select, screen and monitor third parties responsible for welfare and accommodation arrangements.
  6. The University does not enter into guardianship arrangements with international students under the age of 18.
  7. Critical incidents involving, or disrupting welfare arrangements for, international students under the age of 18 will be managed under the University’s Resilience Management Framework and Business Continuity Plans.
  8. The University must maintain up-to-date records of the international student's contact details including the contact details of the student’s parent(s), legal guardian(s) or any adult(s) responsible for the student’s welfare.
  9. Refer Welfare Arrangements for Under 18 International Students Procedure for more information.
Overseas Student Health Cover (OSHC)
  1. Overseas Student Health Cover (OSHC) is compulsory for international student visa holders and their dependents and is required for the entire length of the student’s visa.
  2. International students must select their own OSHC and must do so immediately after receiving their Confirmation of Enrolment (CoE).
English Language Proficiency
  1. In accordance with the Admissions Rules, International students must meet minimum English language proficiency requirements for their chosen course. Refer to the University’s Admission (for Undergraduate and Postgraduate Coursework Courses) Procedure for more information.
Access and Equity
  1. International students requiring reasonable adjustments will be supported by InclusionUC under the University’s Disability Policy.
  2. The University will take all reasonable steps to ensure international students have equitable access to the University’s learning resources and support services.
Third-Party Providers of Support
  1. If the University uses third-party well-being and support service providers, including student accommodation, it will ensure such providers are appropriately selected, screened and monitored, particularly for students under 18 years of age.
Critical Incidents
  1. If a critical incident affects an international student, the University will respond in accordance with the Resilience Management Framework and the Business Continuity Plan.
Academic Requirements
Online Course and Unit Delivery
  1. International students must not:
    1. study an entire course fully online or via distance learning; or
    2. study more than one-third of course units online or via distance learning; or
    3. study an entire study period wholly online or via distance learning – at least one unit must be face-to-face, unless the last unit of the course is only offered online.
Course Progress and Completion within Expected Duration
  1. International students must complete their program within the duration stated on their CoE, unless meeting the conditions outlined in the University’s Completion within the Expected Duration of Enrolment for International Students Procedure.
  2. The University will monitor international student enrolments to ensure students are able to complete their course within the duration specified in their CoE.
  3. Students who are not meeting, or are at risk of not meeting, the enrolment duration specified in their CoE are at risk of breaching their visa requirements. In such cases, the University will implement an intervention strategy with the student to mitigate the risk to the student’s visa status.
  4. An international student may apply to extend the duration of their enrolment via a Leave of Absence if there are compelling or compassionate circumstances that prevent them from completing the program in the time stated on their CoE. Compelling or compassionate circumstances are generally beyond the student’s control and have an impact on the student’s attendance or wellbeing.
  5. Refer to Completion within the Expected Duration of Study for International Students Procedure for more information.
Integrity
  1. International students must uphold the University’s standards of academic integrity as outlined in the Academic Integrity Policy.
Attendance
Higher Education Courses
  1. In accordance with Standard 8.8 of the National Code 2018, the University is not required to monitor course attendance for international students for its higher education courses.
University of Canberra College (UCC) ELICOS and Foundation Programs
  1. In accordance with Standard 8.6 of the National Code 2018, the University must monitor course attendance for UCC ELICOS and foundation programs. Refer to Attendance for University of Canberra College (UCC) ELICOS and Foundation Programs Procedure for more information.
  2. International students will be informed before they begin their course about the requirements to achieve satisfactory course progress and attendance requirements during the orientation for ELICOS and for Foundation students.
  3. Students in UCC ELICOS and Foundation programs will maintain satisfactory course attendance.
  4. The University will maintain ongoing contact with international students during their stay in Australia and monitor their attendance.
  5. The University will notify the Commonwealth Government responsible for Immigration when an international student has breached their visa conditions, such as failing to maintain satisfactory course attendance.
Fee and Refunds
  1. International student fees and refunds are outlined in the University’s International Student Fee Policy.
Complaints and Appeals
  1. International students can access the University’s grievance processes as outlined in the Student Grievance Resolution Policy.
Records
  1. The University must maintain records for each international student for a minimum of two years in accordance with the ESOS Act 2000 (Cth), ESOS Regulations 2019 (Cth) and the University’s Records, Information and Data Management Policy.
  2. The University will regularly (at least every six months) check the accuracy of international student records.
4. Responsibilities:
WHO RESPONSIBILITIES
Director, Student Life
  • Reviewing and deciding on transfer requests.
International Students
  • Complying with this Policy.
  • Complying with student visa requirements.
Manager, International
  • Maintaining this Policy in liaison with relevant policy owners.
Student Wellbeing and Support (SWS)
  • Deliver orientation programs.
  • Liaise with international students within their first week after arriving in Australia.
  • Contact international students who have arrived late in Australia.
  • Meet with students every two weeks and at the end of each teaching period to discuss academic progress.
  • Supporting the health and wellbeing of students.
5. Legislation:
  1. This policy is governed by the University of Canberra Act 1989 (ACT) and informed by Commonwealth and other forms of legislation from time to time, including the following:
    1. Children and Young People Act 2008 (ACT)
    2. Education Services for Overseas Students Act 2000 (Cth)
    3. Education Services for Overseas Students (Foundation Program Standards) Instrument 2021
    4. Education Services for Overseas Students Regulation 2019 (Cth)
    5. English Language Intensive Courses for Overseas Students (ELICOS) Standards 2018
    6. Migration Act 1958 (Cth)
    7. Migration Regulations 1994 (Cth)
    8. National Code of Practice for Providers of Educational and Training to Overseas Students 2018
  2. In developing this Policy, the University had regard to the provisions of section 40B(1)(b) of the Human Rights Act (ACT), and to the following University legislation.  
    1. University of Canberra (Student Conduct) Rules 2023.
    2. University of Canberra (Admission) Rules 2022.
    3. University of Canberra (Academic Progress) Rules 2022.
6. Supporting Information:
  1. In developing this policy, the University had regard to the following University documents:
    1. Academic Integrity Policy
    2. Admission (for Undergraduate and Postgraduate Coursework Courses) Policy
    3. Higher Degree by Research (HDR) Courses Policy
    4. Attendance for University of Canberra College ELICOS and Foundation Programs Procedure
    5. Business Continuity Plan
    6. Completion within Expected Duration of Study for International Students Procedure
    7. Credit Procedures
    8. Deferring, Suspending or Cancelling an International Student’s Enrolment Procedure
    9. Enrolment Policy
    10. International Student Fee Policy
    11. International Student Transfer Assessment Procedure
    12. Records, Information and Data Management Policy
    13. Resilience Management Framework
    14. Student Grievance Resolution Policy
    15. Support for Students Policy
    16. Welfare Arrangements for Under 18 International Students Procedure.
    17. Higher Education Standards Framework (Threshold Standards) 2021
7. Definitions:
 
TERM DEFINITION
Compelling or Compassionate Circumstances Compassionate or compelling circumstances are generally those beyond the control of the student and which have an impact upon the student’s course progress or wellbeing. These could include, but are not limited to:
  • serious illness or injury, where a medical certificate states that the student was unable to attend classes;
  • bereavement of close family members such as parents or grandparents;
  • major political upheaval or natural disaster in the home country requiring emergency travel when this has impacted on the student’s studies; or
  • a traumatic experience which could include involvement in or witnessing a serious accident, or witnessing or being the victim of a serious crime.
These circumstances must have impacted the student, and such an impact must be supported by police or psychologists’ reports.
 Confirmation of Enrolment (CoE) A document, provided electronically, which is issued by the registered provider to intending overseas students and which must accompany their application for a student visa. It confirms the overseas student’s eligibility to enrol in the particular course of the registered provider.
Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) The register prescribed under section 14A of the ESOS Act 2000 (Cth).
English Language Intensive Courses for Overseas Students (ELICOS) A course of education or training that is:
  • solely or predominantly of English language instruction; and
  • provided, or intended to be provided, to an overseas student as defined in Section 5 of the ESOS Act 2000 (Cth).
ESOS Legislative Framework Includes requirements set out in the:
  • ESOS Act 2000 (Cth);
  • National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018);
  • ESOS Regulations 2019 (Cth);
  • National Standards for Foundation Program)
  • ELICOS National Standards.
International Student Has the same meaning as overseas student in Section 5 of the ESOS Act 2000 (Cth). That is, a person (whether within or outside Australia) who holds a student visa, but does not include students of a kind prescribed in the ESOS Regulations 2019 (Cth).
Student visa Student (Temporary) (Class TU) as prescribed in Section 1222 of the Migration Regulations 1994 (Cth) as updated from time to time.
Third Party Provider Any entity that provides services on behalf of the University.