Standard 1
Student recruitment is a significant issue for providers. Can providers recruit students into a face-to-face course but have them start that course online and offshore, pending the lifting of travel restrictions?
During the pandemic, the department considers that online delivery is a viable and acceptable delivery option for students located off-shore. Providers may choose to recruit and enrol students to begin their study in a CRICOS registered course online and offshore. However, providers must make clear to students the details of the course delivery, particularly being clear that the course will commence online and giving clear details on any units that cannot be completed online and must be completed in Australia.
Before students commence study offshore, it is important that providers have fully informed students of the providers’ policies including what will occur if their student visa application is rejected and that the student consents to the altered arrangements. Providers should also ensure that they have informed their ESOS agency of the altered delivery arrangements.
What flexibility are the regulators offering for registering current face-to-face courses for online delivery, particularly in terms of costs and documentation?
ASQA and TEQSA are taking a flexible approach to regulating the ELICOS sector and supporting providers to temporarily deliver courses online to students, including students who have returned home to continue their study. Providers must notify their regulators if they have changed their mode of delivery.
Regulatory flexibility measures, including allowing fully online delivery, are temporary and in place for the duration of the COVID-19 outbreak. Providers must retain records of any changes made to the delivery mode, including any resources used during this time. Providers must also retain records of student progression and attendance.
How do ESOS requirements related to market information apply during this period where students are applying for courses that we are offering online?
Providers must continue to follow the requirements for marketing under Standard 1 of the National Code, including that information must not be false or misleading. They should make it clear to students if any part of the course requires the student to attend classes or practical components in Australia and what will happen if their student visa application is rejected.
Does the ESOS framework actually still apply to students who are overseas?
This will depend on the student’s circumstances. Generally, the ESOS framework would apply to students who were on a Student visa and have returned home to continue studying online. Similarly, the ESOS framework would apply to intending overseas students who start offshore and online in CRICOS-registered courses, who intend to apply for a student visa and travel to Australia when they are able to.
ELICOS courses are unique due to their intensive nature and short duration. Whether a prospective ELICOS student meets the definition of ‘intending overseas student’ may depend on a number of factors, including whether the student is enrolled in a packaged course. Providers should seek advice from their regulators.
Standard 2
Do I need to register a course that will be delivered online for offshore students only?
Providers should not be registering new ELICOS courses on CRICOS they intend to provide exclusively to non-student visa holders, as these courses do not meet the definition of ELICOS. The regulators are taking a flexible approach to existing courses to allow overseas students to study online, where it is in their best interests.
Can an ELICOS, VET, or HE student, complete a course online, in their home country, without the provider having offshore delivery in that country on their registered scope?
Providers who are temporarily delivering CRICOS-registered courses online do not need to add overseas locations to their course scope, regardless of the location of the students. They must report the temporary change in delivery mode to their regulator.
Regulatory flexibility measures, including allowing fully online delivery, are temporary and in place for the duration of the COVID-19 pandemic. To maintain the integrity and high-quality standards of the ESOS Framework, new courses intended to be delivered exclusively to students offshore and/or online must not be registered on CRICOS.
Providers delivering courses that are not CRICOS-registered to offshore students should ensure that they meet the relevant domestic standards.
If an international student commences, studying online, in their home country, (ELICOS, VET or HE), when borders re-open, travel to Australia may not be accessible or affordable. What are the expectations and requirements for them to transfer to onshore delivery? How long will they have to transfer their studies and location to Australia – will it be based on the college’s academic calendar?
The department would expect intending overseas students to apply for a visa and travel to Australia at the earliest available opportunity. For a student to be considered an ‘intending overseas student’ they must either intend to become or have taken any steps to becoming an overseas student, including acquiring a student visa when they are able to. Alternatively, if a student intends to complete a higher education or VET course entirely by offshore and/or online delivery, without seeking a student visa or studying in Australia, they would not be covered by ESOS.
An English language course delivered exclusively to students who intend to complete their entire course offshore and or online, is not an ELICOS course under the ESOS Act.
Standard 8
For students who have been granted a visa and have commenced their program offshore, PRISMS shows the visa grant against their e-CoE, but do providers need to report anything? If yes, what and how should providers report?
No, currently providers do not have to report anything. If students commence study offshore and their visa has been granted, their CoE will automatically switch over to “Studying” once their CoE start date has passed.
Alternatively, if students commencing study offshore have not applied for or have not been granted a visa, their CoE status will remain at “Approved”. Normally, an offshore CoE can be in the “Approved” status for 60 days (from the start date of the CoE) until the CoE expires. However, offshore CoEs created from 16 May 2020, can remain in the “Approved” status for 180 days before expiring.
For students who returned to China at the end of Term 1. Can providers continue to deliver to them online until they complete their ELICOS program? What about those who have commenced the course, but are yet to enter Australia at all?
ASQA and TEQSA are taking a flexible approach to regulating the ELICOS sector and supporting providers to temporarily deliver courses online to students, including students who have returned home to continue their study. Providers must notify their regulators if they have changed their mode of delivery.
The Department would expect intending overseas students to apply for a visa and travel to Australia at the earliest available opportunity.
Do we need to report anything on the e-CoE if a student has returned home (overseas) but not withdrawn from the course, or deferred?
No, providers do not need to report a deferral or suspension a student’s CoE if they continue to study online.
