The Education Services for Overseas Students (ESOS) framework is the legislative and regulatory framework that governs the provision of education to international students in Australia. The framework sets out the obligations of registered education providers, the standards they must meet, and the protections that apply to international students studying in Australia on a student visa.

The ESOS framework is relevant to immigration practitioners and international students because it directly affects student visa conditions — a student's visa may be affected if their education provider is not CRICOS-registered, loses its registration, or reports the student for non-attendance or non-compliance.

• Education Services for Overseas Students Act 2000 (ESOS Act) — the primary legislation governing the delivery of education to overseas students
• National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018) — the standards that registered providers must comply with, including standards for marketing, enrolment, attendance, and student support
• Education Services for Overseas Students Regulations 2019 — the regulations made under the ESOS Act
• CRICOS — the Commonwealth Register of Institutions and Courses for Overseas Students; maintained by the Department of Education. Registered providers at cricos.education.gov.au

CRICOS registration

To enrol international students on a student visa, an education provider must be registered on CRICOS (the Commonwealth Register of Institutions and Courses for Overseas Students). Each course that an international student can enrol in must also be registered. A provider that loses its CRICOS registration cannot legally enrol new international students, and enrolled students may need to find a new provider.

When a student's CRICOS-registered provider closes, the Tuition Protection Service (TPS) kicks in — students are entitled to a refund of unexpended tuition fees or placement in a comparable course at another provider.

Provider obligations under the National Code 2018

CRICOS-registered providers have significant obligations under the National Code 2018, including:

• Reporting obligations: Providers must report to DHA when a student does not meet the enrolment conditions — for example, when a student fails to maintain satisfactory attendance, is not making satisfactory academic progress, or has ceased enrolment. These reports can trigger DHA action, including consideration of visa cancellation.
• Marketing and advertising standards: Providers must not make false or misleading claims about their courses or outcomes
• Student support: Providers must ensure students have access to adequate support services and orientation
• Welfare of under-18 students: Providers have specific obligations regarding the welfare of students under 18, including ensuring appropriate accommodation and welfare arrangements

Consequences for students of ESOS non-compliance

The ESOS framework creates a direct link between the student's academic conduct and their immigration status:

• If a provider reports a student for failing to maintain satisfactory attendance or course progress, DHA may cancel the student visa
• If a student is cancelled from their course or withdraws, the student's study permit may be affected and DHA must be notified
• Students have the right to appeal academic decisions to the provider's internal appeals process before the provider is required to report to DHA

The Tuition Protection Service

The Tuition Protection Service (TPS) protects students' tuition fees if their education provider closes or cancels their course. If this happens, students can claim a refund of unexpended tuition fees or seek placement in an equivalent course at another registered provider. The TPS is funded by a levy on education providers.

The ESOS framework interacts with the student visa requirements in important practical ways. A student whose provider loses CRICOS registration must find a new registered provider promptly or risk being in breach of their visa conditions. Students should check their provider's CRICOS registration status at cricos.education.gov.au before enrolling and periodically during their studies.

The 2024 international student reforms (including caps on enrolments and changes to the work restrictions) have been implemented alongside the existing ESOS framework. Providers facing enrolment caps must still comply with all ESOS obligations in relation to already-enrolled students.