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National Code of Practice for Providers of Education and Training to Overseas Students Amendment (Overseas Student Transfers) Instrument 2026

National Code Standard 7: student transfer restriction temporarily extended to 12 months

From 2 October 2026, amendments to Standard 7 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 temporarily extend the provider transfer restriction period for overseas students transferring from non-school providers.

The changes are introduced by the National Code of Practice for Providers of Education and Training to Overseas Students Amendment (Overseas Student Transfers) Instrument 2026 (F2026L01351).

Temporary transfer restriction

Until 30 June 2027 inclusive, receiving providers generally must not knowingly enrol an overseas student transferring from another registered provider unless the student has completed at least 12 months of their principal course with the releasing provider, or an exception applies.

From 1 July 2027, the restriction period returns to six months.

For students transferring from an approved school provider, the existing requirement remains unchanged: the first six months of the student’s first registered school sector course must have passed, unless an exception applies.

Existing students are affected

The extended restriction applies to existing students, including those who had already completed six months but less than twelve months of their principal course when the amendments commenced.

Consequently, a student who was previously able to transfer without obtaining a release may become subject to the restriction again.

Students who have already completed at least twelve months of their principal course are not affected by the extended period.

Exceptions remain available

New Standard 7.1A preserves the circumstances permitting enrolment during the restriction period:

• The releasing provider or the student’s course has ceased to be registered.
• An ESOS agency sanction prevents the student from continuing their course with the releasing provider.
• The releasing provider agrees to release the student, records the effective date and reason in PRISMS, and complies with the policy and process required by Standard 7.2.
• A government sponsor considers the transfer to be in the student’s best interests and provides written support.

The amendments also make consequential changes to Standard 7.2 concerning providers’ documented policies and processes for assessing transfer requests.

Purpose of the amendments

The Explanatory Statement describes the extension as a temporary measure addressing integrity and student welfare risks associated with rushed or non-genuine transfers.

It is intended to support the transition to further migration reforms planned for mid-2027. The anticipated requirement for a new Student visa before changing providers is a separate reform; this instrument amends the National Code’s transfer requirements.

Practical implications

Registered migration agents, migration lawyers and education providers should reassess proposed transfers against the amended Standard 7, particularly where a student has completed between six and twelve months of their principal course.

Advice should address both the provider transfer requirements and any separately applicable visa requirements.

Source: National-Code-of-Practice-for-Providers-of-Education-and-Training-to-Overseas-Students-Amendment---Overseas-Student-Transfers-Instrument-2026.pdf  and

National-Code-of-Practice-for-Providers-of-Education-and-Training-to-Overseas-Students-Amendment---Overseas-Student-Transfers-Instrument-2026---ES.pdf 

 

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