International Student Release Procedure

1. The purpose of our procedure

This procedure outlines how we assess applications from international student visa holders seeking a release to transfer from Adelaide University to another registered provider.

Please read this procedure in conjunction with:

• Admissions Policy
• Enrolment Policy
• Genuine Student Procedure

2. Who our procedure applies to

2.1 Inclusions

This procedure applies to:

• international students on a student visa seeking release to transfer to another registered provider
• students in packaged pathways where Adelaide University is the principal program provider.

2.2 Exclusions

This procedure does not apply to:

• domestic students
• internal program transfers within Adelaide University (see Internal Program Transfers Procedure)
• international students who do not hold a student visa.

3. Our international student release procedure

2.1 Overview

International student visa holders cannot transfer to another Australian registered provider before they have completed six calendar months of their principal program of study, unless we have granted an early release from that program.

2.2 Our requirements for a release application

To request a release, students must:

• submit a release application form with a statement of reasons for transferring to another provider and a valid offer letter from the other provider
• provide supporting documentation showing compassionate or compelling circumstances where applicable
• maintain their enrolment, student visa and Confirmation of Enrolment (CoE) while the application is assessed.

We assess complete applications within 10 working days.

3.3 When we may consider granting an early release

Before an international student visa holder has completed six calendar months of their principal program, we may consider granting a release from a program when one or more of the following apply:

• The student has completed at least one compulsory study period of their principal program while studying a full-time load.
• The student cannot complete a packaged pathway program, despite making a genuine attempt including satisfying minimum attendance requirements and submitting all assessments.
• The student cannot achieve satisfactory academic progress even after engaging with Adelaide University’s or pathway provider's intervention and support strategies.
• There is evidence the student enrolled in the program based on misleading advice from Adelaide University or an authorised representative.
• There is evidence the student's reasonable expectations about their program are not being met.
• Adelaide University cannot deliver the program as outlined in the written agreement.
• An appeal (internal or external) results in a recommendation to release the student.
• The student’s government sponsor confirms in writing that the transfer is in the student’s best interest.
• The transfer is in the interest of the student's welfare (for example, when a relative relocates).
• The student is under 18 years of age and has provided written evidence from a parent or legal guardian supporting the transfer and, if the student is not being cared for in Australia by a parent or suitable nominated relative, there is written evidence to confirm that the receiving provider will accept responsibility for approving the student's accommodation, support and general welfare arrangements.
• There is demonstrable evidence of compassionate or compelling circumstances as outlined in Standard 7 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code).

3.4 When we may refuse to grant an early release

We may refuse a release from a program for a student who has not completed six calendar months of their principal program, where one or more of the following apply:

• The transfer would jeopardise the student’s progress through a package of programs.
• The program into which the student intends to transfer has already commenced.
• The student intends to transfer to another sector or lower qualification level.
• The student owes tuition fees.
• The student has changed their mind about studying a program at Adelaide University.
• The student has failed to meet student visa conditions including their obligation to ensure they have sufficient financial capacity to fund their study and living costs.
• The student wishes to transfer to a program similar to one offered by Adelaide University or a pathway provider.
• The student has not made a genuine attempt to participate in their studies or meet assessment requirements.
• Information in the release application contradicts information supplied in the genuine student assessment during the admission process.
• The student may be trying to avoid being reported to the Australian Government for failure to meet the pathway provider’s academic progression rules.

3.5 Decisions and next steps

We notify the student in writing of our decision within 10 working days of receiving a complete application.

If we grant an early release from a program, we notify the student in writing, cancel the student’s CoE, and record the outcome in the Australian Government’s Provider Registration and International Student Management System (PRISMS). The student is discontinued from their program.

If the student has completed six calendar months of their principal program, we confirm the release, cancel the student’s CoE, and record the outcome in PRISMS. The student is discontinued from their program.

If we intend to refuse an early release, we notify the student in writing, giving reasons for the decision and explaining appeal options.

A copy of the notice is stored on the student’s record.

3.6 Appeals

Students may appeal a refusal under the Student Appeals Procedure within 20 working days of the notification.

Appeals relate only to administrative processes, not the decision outcome.

4. Who holds responsibility within this procedure

Refer to the Delegation Policy for all delegations at Adelaide University.

4.1 Deputy Vice-Chancellor – International and External Engagement or delegate must:

• ensure the release process complies with the Education Services for Overseas Students Act 2000 (Cth) and the National Code.

2.2 Executive Director, Future Students or delegate must:

• maintain this procedure and oversee International Compliance
• ensure consistent interpretation of the National Code
• report compliance metrics and risks relating to international student transfers.

3.3 International Compliance must:

• Assess release applications in accordance with this procedure and the National Code
• request and review supporting documentation
• decide applications within 10 working days
• cancel the student’s CoE and record the release outcome in PRISMS
• notify students in writing of all decisions, directions, conditions and appeal options.

4.4 Students must:

• submit a complete release application with supporting documentation
• respond to requests for further information within five working days
• maintain their student visa and CoE for the duration of their studies
• comply with all directions and conditions we issue following a release decision, whether the release is granted or refused.

5. Definitions used in our procedure

Please refer to our Adelaide University glossary for a full list of our definitions.

Compassionate or compelling circumstances means circumstances beyond a student’s control that materially affect their wellbeing or their ability to engage in Adelaide University activities or meet required obligations. For international student visa applicants and holders, the term is applied in line with the Australian Government’s ESOS framework and generally refers to circumstances beyond the student’s control that affect academic progress or wellbeing, including serious illness or injury (supported by a medical certificate); bereavement of a close family member such as a parent or grandparent (with a death certificate where possible); major political upheaval or natural disaster in the home country requiring emergency travel that impacts study; Adelaide University being unable to offer a prerequisite course; inability to begin study on the program commencement date due to a delay in receiving a student visa; or a traumatic experience (supported by a police or psychologist statement), such as involvement in or witnessing a serious accident, or being the victim of a serious crime.

Confirmation of Enrolment (CoE) means an official document issued by Adelaide University to international students to confirm enrolment status, required for student visa holders by the Australian Government.

Genuine student means a person who has a genuine intention to study in Australia and this is the primary purpose of their student visa.

International student means a person who is not an Australian or New Zealand citizen and does not hold Australian permanent residency. 

Principal program means the highest program of study to be undertaken by an international student where the student visa has been issued for multiple programs and is usually the final program of study.

Student means a person enrolled in an enabling program, award or non-award coursework study, a research program, or a short course or microcredential at Adelaide University.

6. How our procedure is governed

This procedure is categorised, approved and owned in line with the governance structure of Adelaide University and the offices and officers listed below.

7. Legislation and other documents related to our procedure

Refer to the Delegation Policy for all delegations at Adelaide University.

8. History of changes

At the time of writing, some organisational details within Adelaide University are still evolving. Square brackets [ ] are used to indicate placeholders or areas where information may be refined, clarified or confirmed. These will be updated as the University's arrangements are finalised.