Migration Services – International education providers and Related Advice

01 January 2017

Maria Jockel, Global and National Immigration Leader, Legal Principal, Accredited Specialist, Immigration Law |

BDO Migration Services, an incorporated immigration legal practice advises international education providers on the regulatory requirements to ensure compliance and manage risk.

We advise on all aspects of State, Territory and Commonwealth regulatory frameworks relevant to international education providers including universities, vocational education providers and schools.

Our expert legal services and strategic, practical advice cover matters ranging from quality assurance, professional standards and student welfare, to liability issues in the context of risk management, audit, compliance and re-registration requirements.

Our experience in working with international education providers is complemented by our skills and experience in all aspects of Australia’s immigration laws and the Migration Program’s complex legal and policy framework.  This includes student visas, cancellations and revocations and the General Skilled Migration Program.

We have worked with leading tertiary and vocational education providers to international students for many years and have a real understanding of your needs.  We have also advised schools including in regard to accommodation and welfare arrangements, the duty of care and such like in regard to under aged students.  We understand the issues you may be facing, and have developed practical and effective solutions.

Education Services for Overseas Students (ESOS) Framework Solutions

We provide expert advice to education providers on the Education Services for Overseas Students  framework including the Education Services for Overseas Students Act 2000, the ESOS Regulations 2001, and the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students.

Our extensive knowledge of the ESOS framework is complemented by our expertise in relation to various state and territory legislation relevant to the education of overseas students.  We advise international education providers on the ESOS regulatory requirements including compliance monitoring, reporting, audits, investigations and prosecutions.

Our experience includes providing up-to-date and practical advice to education providers with respect to their policies, practices and procedures to ensure consistency with the National Code and the Australian Quality Training Framework, including in regard to:

  • State and territory legislation regulating international education
  • Provider requirements and obligations
  • Agent agreements
  • Monitoring student visa compliance and reporting
  • Dealing with complaints, audits and investigations including under the ESOS Act and state and territory legislation
  • Dealing with complaints and grievance handling and dispute resolution procedures
  • Enforcement under the ESOS Regulatory Scheme
  • Enforcement under the Migration Act 1958
  • Accommodation and welfare arrangements
  • Australian privacy laws
  • Change of education provider
  • Assurance fund obligations and related issues
  • Equal opportunity laws and obligations, duty of care, harassment and discrimination
  • Other ancillary advices relevant to regulation of education providers and student visas.

We can also assist with changes to Registered Providers’ Ownership or Management and Onshore and Offshore Partner and Affiliation Agreements, including Agreements to deliver VCE and Tertiary Studies Offshore.

We provide advice on, review and we draw policies, procedures, forms, proformas and ancillary documents relevant to the 15 Standards contained in the National Code 2007.

Services for students

We act for overseas students who apply outside Australia for their first student visa.  We also act for students who already have a student visa to study in Australia and have visa and related issues.

Visa conditions, visa cancellation and revocation

We advise students on visa conditions including attendance and satisfactory performance requirements, mandatory and discretionary visa cancellations, applications for revocations, merits review applications and related matters.

We also act for students seeking residency in Australia including in regard to skills assessments, English language and other requirements.

Our expert lawyers represent clients before the Department of Immigration and Border Protection and Australian Consulates overseas in all areas of business, skilled and family immigration, including:

  • Business visas
  • Employer sponsored skilled migration visas
  • Skilled migration visas
  • Family visas
  • Other visas (including for visitors, those changing their status to permanent residence, resident return visas and citizenship).

We are committed to providing specialised and expert legal services, personalised to meet corporate and individual needs.  Our dedicated and expert legal practitioners have a proven track record for excellent visa applications and a superior understanding of all aspects of immigration law and policy.

As leaders in our field we provide strategic, expert and practical advice and outstanding results in all aspects of temporary and permanent residency visas and related matters.