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What the rules ask of an international student in Australia

By · Notibo

Published · 16 min read · updated

What the rules ask of an international student in Australia

Key takeaways

  • Condition 8202 asks three things: stay enrolled in a registered course, keep it at the same AQF level or higher, and meet the attendance and course progress your provider requires each study period.
  • The National Code's 80 per cent attendance minimum covers schools, ELICOS, Foundation Programs and VET where an ESOS agency requires it. For higher education it sets no attendance minimum, only progress monitoring.
  • Your provider has to warn you in writing before it reports you, and tell you about its complaints and appeals process, which you have 20 working days to use.
  • Transfers before you finish six months of your principal course need a release, and providers must publish the circumstances in which they will grant one.
  • Home Affairs condition 8533 gives you 7 days to tell your provider your residential address after you arrive, and 7 days after any change.
  • Free academic English help exists at every university, and it is built for semester one rather than for the week before an exam. Sydney runs six weekly Speak and Connect workshops, Monash an eight week Let's Chat course.

Short answer first: your student visa is tied to one document, the confirmation of enrolment your provider issues, and to condition 8202, which tells you to stay enrolled in a registered course, keep it at the same qualification level or higher, and meet the attendance and course progress your provider sets each study period. Around that sits the ESOS framework: the Education Services for Overseas Students Act 2000 and the National Code 2018, which oblige your university to warn you before it reports anything, to run a complaints process, and to hold a written agreement with you.

This article covers the rules that apply to you because you are an international student, and the study habits that keep you clear of them. Everything below comes from the condition pages, the legislation or a university policy. It is not migration advice, and for anything about your own visa, ask a registered migration agent or your university's international student advisers.

What is the ESOS framework, and what does it give you?

Two instruments with a long reach. The Education Services for Overseas Students Act 2000 registers providers and courses and sets what they must report. The National Code of Practice for Providers of Education and Training to Overseas Students 2018 sets eleven standards those providers have to meet. Most students meet the framework only when something goes wrong, which is the worst moment to start reading it.

  • Your course has to be on CRICOS. The Code defines CRICOS as the Commonwealth Register of Institutions and Courses for Overseas Students, prescribed under section 14A of the ESOS Act. Condition 8202 uses the word registered in exactly that sense.
  • You have a written agreement, not just an offer. Standard 3 requires the agreement to set out in plain English the courses, the expected start date, the locations, the modes of study including compulsory online, work-based or placement components, any prerequisites, any conditions on your enrolment, all tuition fees and the periods they relate to, and any non-tuition fees such as deferral or late payment charges.
  • It also tells you what happens to your money. Standard 3 requires the agreement to cover refunds in student and provider default, who other than you can receive a refund, and a plain English explanation of what happens if a course is not delivered, including the role of the Tuition Protection Service. It must state that the agreement does not affect your rights under the Australian Consumer Law.
  • Someone at the university is officially yours. Standard 6 requires the provider to designate a staff member or members as the official point of contact for overseas students, with access to up-to-date details of support services, and to have enough support staff for the number of students enrolled.
  • Support has to be free at the point of use. Standard 6 requires reasonable support to reach the expected learning outcomes, whatever your place or mode of study, at no additional cost, and documented processes for supporting and keeping contact with students taking online or distance units.

Keep the written agreement. Standard 3 makes the provider state in it that you are responsible for keeping a copy, along with receipts for any tuition or non-tuition fees you pay, and that copy is what you argue from if a fee or a course detail is ever disputed.

What does condition 8202 actually require?

Three things, and the third is the one that catches people. Home Affairs sets out condition 8202 under the heading Meet course requirements.

You must remain enrolled in a registered course. Foreign Affairs or Defence sponsored students and secondary exchange students must maintain full-time enrolment. You must maintain enrolment in a registered course at the same Australian Qualifications Framework level or higher as the one your student visa was granted for, unless you are changing from AQF level 10 to level 9. And you must maintain satisfactory attendance in your course and course progress for each study period as required by your education provider.

That last clause hands the standard to your university. There is no national attendance percentage for a higher education course, so the rule you have to meet is written in your own institution's policy and in your unit outlines. Home Affairs also addresses gaps: course gaps should generally not be more than two months, and it names three cases where a longer gap is accepted, being the end of the academic year study break, being affected by education provider default, and having completed your course while you apply for a new visa.

Condition What it requires, as Home Affairs states it
8202 Stay enrolled in a registered course, at the same AQF level or higher, with satisfactory attendance and course progress each study period as your provider requires
8501 Have and maintain adequate health insurance for the whole of your stay in Australia
8516 Continue to satisfy the criteria for the grant of the visa
8517 Maintain adequate arrangements for the education of school-age dependants in Australia for more than 3 months on your visa
8533 Tell your education provider your residential address within 7 days of arriving, and within 7 days of any change

Condition 8105 limits how much you may work while your course is in session, and it is set out in full in planning your study around the Australian academic year, so it is not repeated here.

What counts as satisfactory course progress?

Whatever your university's policy says, within limits the National Code sets. Standard 8 requires the provider to monitor course progress and, where it applies, attendance, for every course you are enrolled in, and to check that you are in a position to finish within the duration on your confirmation of enrolment.

The attendance rules split by sector, and the split is worth knowing because the number most often quoted does not apply to a university degree. For schools, ELICOS and Foundation Programs, the Code sets satisfactory attendance at a minimum of 80 per cent of scheduled contact hours, or higher where state or territory legislation or other regulatory requirements set it, and requires an intervention strategy for students absent for more than five consecutive days without approval. The same 80 per cent minimum applies to a VET provider where an ESOS agency has made attendance monitoring a condition of registration. For higher education, Standard 8 instead requires a documented policy for monitoring and recording course progress, including policies upholding academic integrity, processes to identify students at risk, an intervention strategy in enough time to recover, and a defined point at which progress has failed.

Three numbers to find in week one

  1. The pass threshold in your university's course progress policy. At the University of Wollongong, passing more than 50 per cent of the credit points you attempted in a study period meets the requirement, and failing 50 per cent or more does not.
  2. The annual minimum. UOW also treats not completing six credit points of study in a calendar year as unsatisfactory progress, whatever happened within a single session.
  3. The expected duration on your confirmation of enrolment, because Standard 8 makes your provider check you can finish inside it, and bars extending it except for compassionate or compelling circumstances, an intervention strategy already under way, or an approved deferral or suspension.

Universities also publish a ladder rather than a cliff. UOW moves a student one step per session, from active to referral, then restricted, then exclusion for one year, and a student who meets the requirement again moves back up. Being placed on restricted means arranging a meeting with a Course Progress Advisor, who can refer you to support services and can limit the subjects you enrol in. How assessment itself is built, and what special consideration covers, is set out in how you are assessed at an Australian university.

Course status at UOW What triggers it What it means
Active Meeting course progress requirements Normal enrolment
Referral Not meeting them from an active status You are told, and advised to seek academic advice
Restricted Not meeting them from referral You must meet a Course Progress Advisor, who may limit your enrolment
Excluded Not meeting them from restricted Excluded from the University for one year, with a written appeal route

What happens if your university decides to report you?

Not a single email to Home Affairs out of nowhere. Standard 8 sets out a sequence, and each step is yours to use.

Where the provider has assessed you as not meeting course progress or attendance requirements, it must give you a written notice as soon as practicable that says it intends to report you, gives the reasons, and tells you about your right to use its complaints and appeals process under Standard 10 within 20 working days. It may only report unsatisfactory progress or attendance in PRISMS, in accordance with section 19(2) of the ESOS Act, once the internal and external complaints processes are finished and the decision supports the provider, or you chose not to use the internal process within the 20 working days, or you chose not to use the external process, or you withdrew from either in writing.

The 20 working days

Treat that window as the most valuable thing in the Code. It is short, it starts when the notice arrives, and universities hold the line on it: UOW's policy says an international student's confirmation of enrolment will not be updated until internal or external appeals are exhausted. Read the notice the day it lands, write down the deadline, take it to the international student adviser or the student union advocacy service the same week, and put your evidence of compassionate or compelling circumstances in writing rather than in a meeting.

Section 19 of the ESOS Act sets the wider reporting duty. Providers must report a person becoming an accepted student, the course, its start date and expected duration, a student who does not start when expected, any termination of studies before completion, and any change in the identity or duration of the course, within 31 days, or 14 days for students under 18 in some cases. Under subsection 19(2) they must give particulars of any breach by a student of a prescribed visa condition as soon as practicable after it happens.

There is one attendance mercy in the Code. A provider may decide not to report a student for breaching attendance requirements if the student is still attending at least 70 per cent of scheduled contact hours and, for school, ELICOS and Foundation Program courses, provides genuine evidence of compassionate or compelling circumstances, or, for VET, is maintaining satisfactory course progress.

Can you change course or change university?

Course level first: condition 8202 lets you move between registered courses as long as the new one is at the same AQF level or higher, with the single stated exception of moving from AQF level 10 to level 9. A move down to a lower level is where students get into trouble, and it is a question for a migration adviser before you accept anything.

Changing provider is governed by Standard 7. A registered provider must not knowingly enrol a student transferring from another provider's course before that student has completed six months of their principal course, except where the releasing provider or the course has ceased to be registered, or the releasing provider has had a sanction imposed that prevents you continuing, or the releasing provider has agreed to your release and recorded the date and reason in PRISMS, or a government sponsor considers the change to be in your best interests and has supported it in writing.

Providers have to publish how they handle the request. Standard 7 requires a documented policy that sets out how you lodge a written transfer request, including that you must supply a valid enrolment offer from another provider, and the circumstances in which the provider will grant the request because the transfer is in your best interests. The Code lists examples: you will be reported because you cannot achieve satisfactory progress at that level even after the intervention strategy, there is evidence of compassionate or compelling circumstances, the provider fails to deliver the course as the written agreement describes it, your reasonable expectations about the course are not being met, you were misled by the provider or an agent, or an appeal on another matter recommends your release. A release must be at no cost to you, and the releasing provider must tell you to contact Immigration about whether you need a new visa. A refusal must be in writing with reasons and with the same 20 working day appeal right.

What do you have to do about health cover and your address?

Two conditions that cost nothing to meet and are easy to breach by forgetting. Condition 8501 says you must have and maintain adequate health insurance for the whole of your stay in Australia.

In practice that means Overseas Student Health Cover. The Australian Government's privatehealth.gov.au says OSHC helps meet the costs of medical and hospital care and includes ambulance cover and limited pharmaceuticals, and warns that if you fall behind on payments you may be able to continue the cover but may not be able to claim for services received while you were in arrears. It does not pay for general treatment such as dental, optical or physiotherapy, and pharmaceutical benefits are limited to 50 dollars per item, up to 500 dollars a year on a single membership or 1,000 dollars on a family membership. Students from the United Kingdom, Sweden, the Netherlands, Belgium, Slovenia, Italy or New Zealand may also apply for Medicare under a reciprocal health care agreement, which is in addition to OSHC and does not replace it.

Condition 8533 is the address rule. If you were outside Australia when the visa was granted you have 7 days after arriving to tell your provider your residential address, 7 days after any change of address to tell them again, and 7 days to tell your current provider that you have changed provider once you receive a confirmation of enrolment or evidence of enrolment from the new one. Home Affairs says it contacts you through your school, so stale details mean missed contact. Section 21 of the ESOS Act backs this up by making providers keep your residential address, mobile number and email, and confirm them with you in writing at least every six months.

Where do you get help with academic English, and when?

Early, free, and from a service that was built for it. Every Australian university runs one, and the programs are structured around a semester rather than around an emergency.

The University of Sydney's Learning Hub runs one-to-one consultations from the beginning of semester until the end of the formal exam period, workshops on writing across genres, oral communication, reading strategies and critical thinking, and Speak and Connect, a series of six weekly workshops for practising English and meeting people, with registration opening early in each semester. There is a drop-in desk on Level 3 of Fisher Library, Monday to Friday from 2 to 4 pm during semester, with no appointment.

Monash runs English Connect for all enrolled students. Let's Chat is an eight week conversational course with no homework and no assessment, run by students, and Workplace Communication is a set of workshops on intercultural communication and the language of interviews and networking. The University of Melbourne's Academic Skills service runs student appointments, workshops, English language development and free weekly Peer Assisted Study Sessions in selected subjects.

Speaking up in a tutorial

The hardest part is rarely the English. It is that an Australian tutorial treats disagreement as participation rather than rudeness, and silence as absence.

  1. Read the set reading with one question written down, and ask that question in the first ten minutes while the room is still warming up.
  2. Learn the low-stakes moves: asking someone to repeat a term, summarising what the last speaker said before adding to it, naming a page number.
  3. Say the half-formed version. Tutorials run on unfinished thoughts, and waiting for a perfect sentence is how a semester passes in silence.
  4. Sit with different people in weeks one to three, because the group you land in decides how much you speak for the rest of semester.
  5. If the format itself is unfamiliar, notes in tutorials, pracs and placements covers what each type of class is for.

Where Notibo fits

The practical problem behind most of this is the same one: a lecture delivered fast, in your second or third language, that you cannot rewind. Where your lecturer has given permission, Notibo records on a computer and returns a transcript, structured notes and flashcards with spaced repetition. It transcribes 89 languages, and the transcript comes back in the language that was spoken. It also turns PDF, PPTX and DOCX files into notes and flashcards, which covers the reading list and the slide decks.

The limits, so you can judge it: the first 14 days of Pro are free, with 240 minutes of recording and no card, and when the trial ends the free plan gives 30 minutes of recording a month. Pro is 9.99 euro a month or 88.99 euro a year. Uploads are capped at 50 MB, and a single recording can run up to two hours, with long recordings saved in smaller parts as they run and joined into one transcript. Transcripts and notes export as PDF or Word. Files are stored in the EU on Supabase in Frankfurt, while transcription and the AI notes run on US processors under standard contractual clauses, which the privacy policy lists.

Permission comes first, every time. Australian universities set their own recording rules and they differ, so ask the person the policy names before you press record, and never record a placement.

Frequently asked questions

What is visa condition 8202?
It is the course requirement condition on a student visa. Home Affairs says you must remain enrolled in a registered course, maintain enrolment in a registered course at the same Australian Qualifications Framework level or higher as the one your visa was granted for, unless you are changing from AQF level 10 to level 9, and maintain satisfactory attendance in your course and course progress for each study period as required by your education provider. A registered course is one listed on CRICOS.
Do I have to attend 80 per cent of classes at university?
Not as a national rule for higher education. The National Code sets a minimum of 80 per cent of scheduled contact hours for schools, ELICOS and Foundation Programs, and for VET providers where an ESOS agency makes attendance monitoring a condition of registration. For a higher education course the Code requires the provider to monitor and record course progress, and to tell you before you start what satisfactory progress and, where it applies, satisfactory attendance mean. So the number that matters is the one in your own university's policy.
What happens if I fail too many subjects?
Your university steps in before it reports anyone. The National Code makes providers identify, notify and assist students at risk, in enough time to recover. At the University of Wollongong, failing 50 per cent or more of the credit points you attempted in a study period means you have not met course progress, and your course status moves one step, from active to referral, then restricted, then exclusion for one year. Reporting to Home Affairs comes at the end of that road, not at the first failed subject.
Can I change to a different university in my first year?
Only with a release or an exception. Under Standard 7 of the National Code, a provider must not knowingly enrol a student transferring from another provider before that student has completed six months of their principal course, unless the releasing provider has agreed and recorded the release in PRISMS, or the provider or course has ceased to be registered, or a sanction prevents you continuing, or a government sponsor supports the change in writing. A release must be granted at no cost to you.
How long is a gap between courses allowed to be?
Home Affairs says course gaps should generally not be more than two months. It lists exceptions: the end of the academic year study break, being affected by education provider default, and having completed your course while you are applying for a new visa. If your plan involves a longer gap, ask your provider before you commit to it rather than after.
Does overseas student health cover include dental and physiotherapy?
No. The Australian Government's privatehealth.gov.au says OSHC covers hospital and medical treatment, ambulance services and limited pharmaceuticals, and does not pay for general treatment such as dental, optical or physiotherapy. Pharmaceutical benefits are limited to 50 dollars per item, up to 500 dollars a year on a single membership and 1,000 dollars on a family membership. Extras cover is sold separately.
When should I go to academic English support?
In the first weeks, not after a bad mark. The programs are built for a semester: the University of Sydney's Speak and Connect is six weekly workshops with registration opening early in each semester, and Monash's Let's Chat is an eight week conversational course with no homework and no assessment. Sydney also runs one-to-one consultations from the start of semester to the end of the formal exam period and a drop-in desk in Fisher Library on weekday afternoons.
What is the ESOS framework, and what does it give you?
Two instruments with a long reach. The Education Services for Overseas Students Act 2000 registers providers and courses and sets what they must report. The National Code of Practice for Providers of Education and Training to Overseas Students 2018 sets eleven standards those providers have to meet. Most students meet the framework only when something goes wrong, which is the worst moment to start reading it. Your course has to be on CRICOS. The Code defines CRICOS as the Commonwealth Register of Institutions and Courses for Overseas Students, prescribed under section 14A of the ESOS Act. Condition 8202 uses the word registered in exactly that sense.

Sources

  1. Condition 8202, Meet course requirements (Department of Home Affairs) (remain enrolled in a registered course, same AQF level or higher, satisfactory attendance and course progress each study period, CRICOS, course gaps of generally not more than two months)
  2. Condition 8533, Inform provider of address (Department of Home Affairs) (7 days to give your provider a residential address after arrival, 7 days after a change, 7 days to tell the current provider you have changed provider)
  3. National Code of Practice for Providers of Education and Training to Overseas Students 2018 (Federal Register of Legislation) (Standard 3 written agreements, Standard 6 support services and student contact officer, Standard 7 transfers and release, Standard 8 monitoring, the 80 per cent attendance minimum and reporting, Standard 10 complaints)
  4. Education Services for Overseas Students Act 2000 (Federal Register of Legislation) (section 19 on giving information about accepted students and reporting a breach of a prescribed visa condition, section 21 record keeping and six-monthly confirmation of contact details)
  5. Overseas Student Health Cover (privatehealth.gov.au, Australian Government) (OSHC as a visa condition, what it covers and excludes, pharmaceutical limits, reciprocal health care agreements, the insurers with a Deed of Agreement)
  6. Course Progress Policy (University of Wollongong, Policy Directory) (50 per cent of credit points as the progress threshold, the active, referral, restricted and excluded statuses, intervention strategies, CoE not updated until appeals are exhausted)
  7. Academic Language and Learning, Learning Hub (The University of Sydney) (one-to-one consultations from the start of semester to the end of the formal exam period, workshops, Speak and Connect as six weekly workshops, the Fisher Library drop-in desk)
  8. English Connect (Monash University) (Let's Chat as an eight week conversational English course with no homework and no assessment, Workplace Communication workshops, open to all enrolled students)

About the author

Farhad Ba-Ali

Farhad Ba-Ali builds Notibo in Odense, Denmark. He writes about study methods, memory and note-taking from the questions students send in, and from what the product's own data shows.

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