Visa Information

EDUCATION SERVICES FOR OVERSEAS STUDENTS LEGISLATIVE FRAMEWORK (ESOS)

WIN College (WIN) is a Registered Training Organisation that offers education services to overseas students. To provide education and training services to international students WIN must comply with rules and regulations required by the Federal Government and the National Regulator ASQA (Australian Skills Quality Authority).

The Legislative Framework incorporates the:

The ESOS Framework is designed to establish and uphold national standards for delivering education and training services to international students. Its primary objective is to safeguard the rights of international students and ensure the delivery of high-quality education. The framework plays a crucial role in verifying that students adhere to visa conditions during their attendance in classes and make satisfactory progress in their studies while in Australia. For further details, including the rights and responsibilities of international students, please refer to International Students Factsheet.

It's important to note that the Legislative Framework exclusively pertains to students enrolled in onshore programs who remain in Australia on a Student Visa. This legislation does not extend to students participating in offshore programs or those staying in Australia under a temporary visa other than a Student Visa.

Student Visa Conditions

Visa conditions are the rules of your visa that are set by the Australian Government. It is important that you understand your visa conditions, as the Department of Home Affairs (Home Affairs) may cancel your visa if you breach them.

Maintain enrolment

To satisfy your visa condition of maintaining enrolment you need to enrol in accordance with your program’s study plan.

If you fail to maintain enrolment WIN is required to report you to the Department of Home Affairs which will cancel your Confirmation of Enrolment (CoE) and this may cancel your student visa.

If you are unsure about your enrolment you can contact the Administration Manager.

The Department of Home Affairs also requires you to maintain enrolment in a registered course that is the same level as, or at a higher level than, the registered course for which you were granted a visa

Meet satisfactory academic progress or attendance

To satisfy your student visa conditions you must maintain satisfactory course progress or attendance.

WIN reviews the academic progress of students and identifies students at risk of making unsatisfactory academic progress (in vocational courses) and unsatisfactory attendance (in ELICOS courses).

If you fail to meet satisfactory academic progress or attendance requirements WIN will be required to report you to the Department of Home Affairs which will cancel your Confirmation of Enrolment (CoE) and may affect (i.e. cancel) your student visa.

WIN provides study support services to assist you with your studies.

Notify change of address and contact details

To ensure you receive important information from the Department of Home Affairs and to satisfy your student visa conditions, you must notify WIN within 7 days:

of your new address when you first arrive in Australia
if you change your address at any time
of any new contact details, including phone number, email address and emergency contacts details

If you do not update your address details and there is a problem with your visa, you will not receive communication sent by the Department of Home Affairs and your visa may be cancelled.

Changing to another education provider

Extending your program duration

If you need additional time to complete your course, you will need to extend your Confirmation of Enrolment (CoE) and apply for a new student visa. Applications to extend a CoE are only approved in very limited circumstances, such as:

Medical grounds (evidence required)
Failed final course(s) or failed occasional courses throughout the program
Granted a reduced study load due to an intervention strategy
Approved leave of absence
Prerequisite course(s) not available

A CoE extension will not be approved if you choose to not enrol in accordance with your program’s study plan.

To apply to extend your CoE you will need to fill out a CoE Request form and provide it to the Head of Academics for assessment.

Gaps in study

Working while studying

Student visa holders can work 48 hours per fortnight (two weeks) while their program is in session and unlimited hours during scheduled breaks. For details regarding how the 48 hours are calculated, please refer to the Department of Home Affairs website.

The opportunity to work part-time allows you to earn spending money and meet more people; however, you should not rely on these earnings to pay fees or other living expenses.

The Department of Home Affairs randomly checks workplaces to make sure that students are not exceeding the permitted hours and employers are legally required to provide information to the Department of Home Affairs.

You need to obtain a Tax File Number (TFN) to work in Australia.

For information regarding your family members work rights, please refer to the Department of Home Affairs website.

External / Online Study

According to Standard 8.18 of the National Code , international students may study online units as long as they comply with the one third (or equivalent) rule. Standard 8.20 of the National Code requires students to be enrolled in at least one face-to-face unit in each compulsory study period (ie 2 terms) unless the student is completing their final unit of study. You can study one-third of your program by external and/or online mode provided that in each compulsory study period you enrol in at least one internal (face to face) course (unless it is your final course which is only available via external/online mode).

If you exceed one-third external/online enrolment in your program or do not enrol in at least one internal course per compulsory study period (unless it is your final course which is only available via external/online mode) you will be in breach of your student visa conditions. WIN is required to monitor a student's enrolment and report breaches to the Department of Home Affairs which will cancel your Confirmation of Enrolment (CoE) and may affect (i.e cancel) your student visa.

Leave of absence

You may experience an event during your studies that prevents you from studying for a period. If this occurs it is important that you contact Student Services who will provide advice and assistance.

In limited compassionate or compelling circumstances (i.e. serious illness or injury, bereavement of close family members or a traumatic experience), you may be able to suspend your studies (e.g. take a leave of absence) for a period of up to six months.

Complete your program within the expected duration

It is a condition of your student visa to complete your program within the expected duration. The expected duration is based on the number of units in your qualification/s and is reflected in your Confirmation of Enrolment (CoE) document. You will put yourself at risk of not completing your study by the end date on your CoE if you do not study in accordance with your program’s study plan.

TUITION PROTECTION SERVICE (TPS)

The Tuition Protection Service (TPS) was founded on July 1, 2012, to help in situations where an education provider fails to deliver a course for which a student has paid. If the provider does not fulfill its obligation to either offer the student an acceptable alternative course or refund their unspent prepaid tuition fees, the TPS will step in to help you find a suitable alternative course. If no appropriate alternative is identified, the TPS will facilitate a refund.

For more information see the TPS Website.

Overseas Student Health Cover (OSHC)

Overseas Student Health Cover (OSHC) is health insurance to assist international students to meet the costs of medical and hospital care that they may need while in Australia.

The Department of Home Affairs requires student visa holders and their dependants to have health insurance for the duration of their stay in Australia (visa length health cover). Some exceptions apply, see the Department of Home Affairs website.

WIN can organise your OSHC on your behalf or you can select and arrange OSHC yourself. If you need to extend your stay you will need additional cover before applying for a new student visa.

You may wish to arrange private health insurance in addition to OSHC as not all health services are covered (i.e. dental or physiotherapy). It is advisable to take out travel insurance to cover such things as accidents, lost luggage or trip cancellation as OSHC does not cover travel to and from Australia.

Visa Information

EDUCATION SERVICES FOR OVERSEAS STUDENTS LEGISLATIVE FRAMEWORK (ESOS)

The Legislative Framework incorporates the:

Student Visa Conditions

TUITION PROTECTION SERVICE (TPS)

Overseas Student Health Cover (OSHC)

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