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Changing Courses Changes Everything

By Jalford on 14 Jan 2014 9:43am

Some international students may find the course they enrolled in to study isn’t what they anticipated and would like to change their course. If this is you, it is important you do your research and are fully informed before you change courses. We’ve developed fictional scenarios to help you understand the conditions of your student visa and what it could mean when you change your course. We will post one of these scenarios each week for the next month on the Migration Blog.

 The first scenario is about changing courses if you are struggling with the requirements of your university course and find an alternative vocational course is more practical for your learning ability and career aspirations.

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Moving from a university to a vocational education course

  • You must complete six months of the highest qualification course in which your visa was granted before changing courses with a different education sector.
  • You must obtain a new visa to study in a different educational sector.

Names of people and education providers in this story are fictional for the purposes of this case study.

Mandeep was enrolled with the Eucalyptus University to study a Bachelor of Accounting. She was granted a  Higher Education Sector (subclass 573) visa.

After commencing her bachelor degree, she was informed by a friend she could study her course faster and cheaper at a different institution. Mandeep thought this sounded like a good option as she wanted to get her degree as fast as possible. She thought she may have a problem with her visa if she changed her course.

Mandeep phoned the Department of Immigration and Border Protection to see if she could move to this cheaper institution. After confirming all the details of Mandeep’s case, the immigration officer told Mandeep her visa was granted under streamlined visa processing arrangements with the Eucalyptus University—if she changed to a non-streamlined education provider while holding a streamlined student visa, she may be in breach of a condition of her visa (condition 8516).

The immigration officer informed Mandeep that if she wanted to change education provider she would have to choose one of the following options:

  • transfer to another streamlined institution
  • remain in her current course and apply for a new student visa (after completing six months of her principal course) with a letter of offer or confirmation of enrolment from the new provider
  • depart Australia, request the voluntary cancellation of her student visa and then apply for a new student visa with a letter of offer or confirmation of enrolment from the new education provider.

Mandeep decided to move to the cheaper institution, regardless of the information she had found out about her visa. Shortly after, the department contacted her and issued a Notice of Intention to Consider Cancellation for her student visa. Mandeep responded to the notice and provided reasons why her visa should not be cancelled. The department considered her response and proceeded to cancel her student visa for breach of condition 8516.

Mandeep was upset and regretted not abiding by the conditions of her visa. Mandeep no longer held a visa to remain lawfully in Australia and made arrangements to return to her home country.

Stay tuned for another scenario next week about changing courses in the first six months of study.

170 Comments
  1. VO MINH TAM PHAM says:

    I’m in the same situation like her which I wanted to changed into another cheaper and faster course in another Institute and I’m doing that course now. I’ll graduate within this year and got a warning email from Immigration that they think I’m in unclassified visa now. What Should I do to prove them that I’m not going with my first purpose to come to Australia?
    I’m looking forward to hear from you,
    Thank you in advance,
    Best regards.

    • Jalford says:

      As a streamlined student visa holder, changing courses changes everything. You must continue to study the courses at the education providers that you submitted with your visa application.

      If you have already changed courses, there are two things you can do to avoid visa cancellation:

      1. Transfer to a streamlined university. see link: List of streamlined universities
      2.If you decide not to transfer back to a streamlined university, you should depart Australia, request the voluntary cancellation of your student visa and then apply for a new student visa with a letter of offer or confirmation of enrolment from the non-streamlined education provider.

  2. Vo Minh Tam Pham says:

    I actually did not meet the requirement to enrol – I did not meet requirement to study Master degree in Deakin University after pathway course at MIBT which links to Deakin.
    I want to study Bachelor of Business ( Hospitality and tourism Management) but Deakin University does not have this course.
    In addition, I successfully enrolled into Kaplan Business School for Hospitality and Tourism Management Stream in March, 2013. Then I have kept pursuing this course non-stop with quite good results until now.
    Moreover, the Immigration knew that I’m under Kaplan now but they said that I’m doing non-streamlined course at Kaplan. And here is what makes me don’t understand :”You are not enrolled in an eligible course with an eligible education provider as required under the terms for which your visa was granted, and you are now considered to be in breach of visa condition 8516.” They ask me to explain, and I did. They they asked me to find useful information from here. I don’t really know what to do now.
    So in this case, should I come and bring all documents to explain to them or I need to apply for a new visa?
    Thank you for your helps a lot.

    • Jalford says:

      Your visa was granted for your studies in Deakin University under streamline visa processing, this means you had reduced evidentiary requirements when your visa was assessed and granted. When you did not meet the requirement to enrol in Deakin University your options were to enrol in another streamlined university to stay compliant on your streamline student visa. See link: List of Streamlined Universities.

      If you wish to continue your studies at the new non-streamlined education provider (Kaplan) you are required to obtain a non-streamlined student visa. You can do this by:

      1.Depart Australia
      2.Requesting Voluntary Cancellation of your student visa
      3.Apply for a new student visa with a letter of offer or CoE from the new education education provider (Kaplan).

      You will need to meet all criteria for the grant of a new visa.

  3. Nhan Tran says:

    ho­w about in cases of courses discontinued and students released by­ provider?
    thanks and regards

    • Jalford says:

      If you were granted a streamlined student visa and your course is discontinued by the university or you were granted release by the university (received a release letter/CoE Cancelled), your options are to study in another streamlined univerisity. See Link: List of Streamlined Universities

  4. Robert chen says:

    Another option would be applying for a new student visa on the baisis of current non SVP COE. Then there will be an issue of substantial compliance with condition of previous visa. That needs to be addressed carefully. It is a complicated case. I stronlgy urge you seeking assistance of a registered migration agent.

  5. Ryan Nguyen says:

    I am in streamline visa 573 and applied to study Master of Accounting at UWS for 6 months until 2/2013, after 6 months until March 2013 I transfer to study Master of Accounting at Kaplan. I went to Sydney DIAC to ask about the visa changing at that time however DIAC said my visa is still on 573 ( master course level even for Kaplan is not in streamline), so i do not need to change to another visa because my visa 573 still valid. I now have another 1 year to finish my master course at Kaplan. I received the email saying I could be in breach of visa condition. Could you please advise what should I do? Do I need to apply for another visa 573 ( my visa 573 still valid until September 2014). Or I have to go back to UWS. DIAC make it really confused here when the 573 is the same and the policy streamline visa changing is really new for us. Please advise ASAP.

    Thanks and best regards,

    Ryan Nguyen

    • Jalford says:

      Changing courses changes everything for streamlined student visa holders.

      There are two pathways for the grant of a 573 student visa, these are streamlined visa processing and assessment level framework.

      When changing courses or education providers, you need to ensure that you continue to meet the conditions of your 573 student visa, depending whether your visa was granted under the streamlined visa processing or the assessment level framework pathway.

      Your course of action would be the same as the reply to VO MINH TAM PHAM.

      1. Transfer to a streamlined university. see link: List of streamlined universities

      2.If you decide not to transfer back to a streamlined university, you should depart Australia, request the voluntary cancellation of your student visa and then apply for a new student visa with a letter of offer or confirmation of enrolment from the non-streamlined education provider.

      You will need to meet all criteria for the grant of a new visa.

  6. Sarbjeet Kaur says:

    Now i understand all the procedure of changing streamline course . but when i was want to change my course then no body has given me even a hint that i can’t change my course from SVP to Non SVP. This is already 10 months now to start my new course, if i will leave this course now then it will be wastage of my time, money and dedication to study. please forgive me this time. i haven’t done anything intentionally. please give me the permission to carry my diploma in hospitality. after finish this diploma i will straight way get the admission in streamline university. please reply.

    Thanking you!

    Kind Regards
    Sarbjeet Kaur

    • Jalford says:

      When a visa holder is in breach of a visa condition, they may receive a Notice of Intention to Consider Cancellation (NOICC) of their visa. The visa holder will have an opportunity to explain why they have not breached their visa conditions or circumstances lead to the breach. The case officer will take all information into consideration and make a decision whether to cancel the visa.

      For your situation, to avoid receiving the NOICC, a confirmation of enrolment to a streamlined university is required.

  7. Ryan Nguyen says:

    Dear officer,

    Regarding my case, after receiving the Notice of Intention to Consider Cancellation (NOICC). Could I do in the two options:
    1. apply for the new 573 visa assessment level framework in Australia although my streamlied 573 visa valid until Sep 2014. I used to go to DIAC office last year and they said visa 573 still valid so I could not log another 573 visa

    2. Could I just apply to study at UWS again to get the new CoE from UWS ( SVP) and cancel the CoE at Kaplan? Will case officer allow me to do it and not cancel my visa ( as they said I breach the visa condition for 1 year)

    Please advise me ASAP since if I just reply case officer wrong, my visa will be cancelled and i have no choice

    Thanks and best regards,

    Ryan Nguyen

    • Jalford says:

      In response to your questions:

      1: You may wish to consider Option 2 in our previous reply to your posting. If an application is made in Australia, you must have substantially complied with the conditions of any visa held or previously held. The breach of visa condition 8516 could mean you have not substantially complied with the conditions of your current visa.

      2:Yes, that is correct.

  8. Sarbjeet Kaur says:

    Thanking for your reply,

    So it means that i have to leave my course in the middle and i have to get confirmation of enrollment from streamline university.

    May i know that how much time i have to find a streamline university and appropriate course for me.

    • Jalford says:

      To avoid receiving the NOICC, a confirmation of enrolment (CoE) to a streamlined university should be obtained within 14 days.

      The department has access to a database to view your confirmation of enrolment, you are not required to submit the CoE to the department.

  9. Ryan Nguyen says:

    dear,
    thanks for your reply, regarding my option 2: Will case officer who emailing me allow me to reapply for SVP university or case officer just consider about the past that i did not comply? if they not consider about the past ( when I study at non SVP institution), how long do I need to find SVP.

    We just would like to follow the rule so the visa will not be cancelled.Please help me find the solution about changing back to SVP that i mentioned above.

    Thanks

    Ryan

  10. Hiu Wa Lee says:

    I’m in the same situation like her which I wanted to changed into another cheaper and faster course in another Institute and I’m doing that course now. I’ll graduate within this year and got a warning email from Immigration that they think I’m breach my visa now. According the email, they said if i dont provide an explanation within 14 days, my existing visa to be cancelled. Once I replied my explanation, what is my visa due day now? Do i have time to apply another student visa?

    I’m looking forward to hear from you,
    Thank you in advance,
    Best regards.

    • Jalford says:

      Streamlined student visa processing is for students who are seeking an education at a streamlined university. When making a visa application, ensure you choose the appropriate visa for your studies.

      If you would like to continue with your current non-streamlined provider, you should:

      Depart Australia,
      Request voluntary cancellation of your student visa
      While offshore, lodge a new visa application to continue to study at your non-streamlined education provider.

      OR

      Obtain a confirmation of enrolment (CoE) to a streamlined university if you would like to remain on your current visa.

      If you do not take this action within the next 14 days, you may receive a Notice of Intention to Consider Cancellation of your student visa.

  11. Sidhant chahal says:

    Hi I have got the same situation as above as I was here in Australia in 2012 September in curtain college in a pathway program which was I was entitled to do a diploma in commerce leading to bachelor of commerce as after studying there for 3 months I was juss not satisfied and planned to change my course to business so I took a release from curtain and took admission in diploma in business and advance diploma in business and associate degree in business which comes under 573 and was updated in immigration last year and after 1 year I recieved an email saying I have breached my visa condition almost when I have already finished my diploma in business I just have one question how to sought it out

  12. Rajina says:

    I was studying BBus (Accounting) in Southern Cross University and I had completed 8 units from there. Before my one last semester they force me to enrol in BBA (Bachelor in Business Administration) which was not possible for me as I have already finished 8 units in Accounting. The university was going to shut down in Accounting at Sydney only five students were there.

    Then, none of the university gave me credit transfer of what I had studied. Finally I found Kaplan Business School where they offered Masters in Accounting.I joined that school without wasting time.

    Now I have 5 weeks left for my final exam. I am finishing course in 5 weeks.
    Could you please advice me what should I need to do now?

    • Jalford says:

      If you receive a Notice of Intention to Consider Cancellation (NOICC) of your visa, you will be given an opportunity to explain your circumstances that lead to the breach. The case officer will take all information into consideration and make a decision whether to cancel the visa.

      You may wish to gather documentary evidence to support your reponse if you receive a NOICC.

  13. Geniene says:

    i completed my diploma in hospitality only now to see that a cook/chef is off the sol my current student visa expires in march and my employer cant sponsor me for another 6 mths what do i do until then i also have two children who came here with my parents and they are all Australian citizens im desperate for some answers ad advise

    • Jalford says:

      Please visit the department website http://www.immi.gov.au using the “Find a Visa” function to find a visa that is most suitable for you. You should lodge a new visa application prior to expiry of your current visa.

  14. Danish Bhatti says:

    I have recently received an email from immigration department that I am breaching the visa subclass 8516 and I have 14 days to reply back and give reasons along with the documents that why I had changed my course from SVP to non SVP… to be very honest I didn’t even know about these complications before .. after almost a year I am receiving this email from immigration deptmnt that I am breaching this visa condition…
    so if I get release from my existing institute and get enrolled in the Stream line institute within 14 days and attach my new updated coe along with my reasons to change the course from stream line to non stream line…will there be any chances of visa cancellation or I will be given relief of this situation’

    • Jalford says:

      That’s correct, if you obtain a CoE from a Streamlined university within 14 days, you will not receive a Notice of Intention to Consider Cancellation of your student visa in relation to the breach of visa condition 8516.

    • Danish says:

      bundle of thanks sir.. I really appreciate your instant response …
      kind regards
      Danish Bhatti

    • Ryan Nguyen says:

      its a bit confused here. The solution to get back the Coe from Streamline SVP Uni is for the person who received a Notice of Intention to Consider Cancellation or to avoid receiving the a Notice of Intention to Consider Cancellation ( which allow 14 days)

      Please advise

    • Jalford says:

      If you obtain a new CoE to an eligible streamlined university prior to 28 January 2014, you will not receive a Notice of Intention to Consider Cancellation (NOICC) of your student visa. If you take actiion within this time period, you will no longer be in breach of visa condition 8516, and your matter will be regarded as resolved.

    • Tian says:

      In your reply to the first comment made by Vo Minh Tam Pham and many other subsequent comments above, you clearly stated:

      If you have already changed courses, there are two things you can do to avoid visa cancellation:

      1. Transfer to a streamlined university. see link: List of streamlined universities

      2.If you decide not to transfer back to a streamlined university, you should depart Australia, request the voluntary cancellation of your student visa and then apply for a new student visa with a letter of offer or confirmation of enrolment from the non-streamlined education provider.

      Your above reply is to suggest students who have already changed the course to apply for another SVP university COE to avoid cancellation. Could you please kindly confirm if this only applies to students who changed course but have not received NOICC or it also applies to students who changed course but have RECEIVED NOICC?

      However, in your above reply to Danish Bhatti, you stated:

      If you obtain a new CoE to an eligible streamlined university prior to 28 January 2014, you will not receive a Notice of Intention to Consider Cancellation (NOICC) of your student visa. If you take action within this time period, you will no longer be in breach of visa condition 8516, and your matter will be regarded as resolved.

      Many thanks in advance!

      Kind Regards,

    • Jalford says:

      An advice letter (not a NOICC) has been sent out to streamlined student visa holders providing an opportunity to explain their circumstances and rectify their visa breach.

      If the student wishes to change education providers, they should consider the information available on the department website. see link: Changing Courses.

      You may also be interested in the Minister’s press release in relation to this education campaign. See link: Minister’s press release

  15. Marilyn says:

    I have recently received en email from Immigration department that I have breached the 573 visa condition 8516. I had no idea about this condition being related to the SVP when I decided to change my education provider to Holmes Institute in March 2013. Only till recently did I come to know about Streamlined Visa processing because of the email from Immigration department. When I ceased studying my course at VU, unfortunately during then I didn’t receive any advice on the issue of my visa being granted on SVP.

    I have finished my Master of Professional Accounting with Holmes Institute in Oct-Nov 2013. I am a genuine student who have successfully completed my course. Last year, I put in the effort and due diligence to study and pass all my units.

    What are my options, or what should I do next? Can I request for a revoke of the Breach of this visa condition? Will this situation affect applying for 485 visa or PR in the future?

    • Jalford says:

      If your student visa is cancelled due to breach of visa condition, you will incur an exclusion period which will prevent the grant of another temporary visa to Australia for 3 years.

      Despite completing a course, you are still in breach of visa condition 8516 as you did not maintain your enrolment in a streamlined university. Your options are :

      1. If you plan to continue studies, depart Australia,request voluntary cancellation of your student visa , While offshore, lodge a new visa application to continue to study at your non-streamlined education provider.

      OR

      2. If you do not continue your studies, you should review the department website to find a visa that is suitable for you. However, no indication of the possible outcome of that application can be given. Applicants must meet all criteria for the grant of a new visa.

  16. Zarak khan says:

    Am studing in cic and doing diploma but have the bachelor coe but non svp. I want to finish the diploma . Is it possible that i finish my diploma and take a coe now but for the next intake . Please guide me tx

    • Jalford says:

      You must obtain a new CoE to an eligible streamlined university prior to 28 January 2014, otherwise a Notice of Intention to Consider Cancellation (NOICC) of your student visa will be issued.

  17. Rashid says:

    i have granted visa in subclass 573 in June 2013 in course master of professional accounting in Sydney due to some personal problems i can not continue course their cancel the COEs & i move in melbourne & take admission in diploma of child care in 572 COE yet now not anything inform to immigration now i am studying in 572 course because i was not know about course changing conditions. So now what i do? If i take again admission in Master of professional accounting in Melbourne is this right for me.

  18. Zohaib says:

    Hi, I am studying in a SVP institute but now I need a leave of absence for one semester from the university due to some family matter. My 573 visa is valid till August 2015 but after this leave of absence I would need 6 more months to complete my degree. My question is when should I apply for extension and what documents will I be needing to support my application. Another thing is I will be back in Australia after a couple of months so will I be eligible to work full time until my next semester which will start after 3 months?

    Kind Regards

    Zohaib

  19. Faizan says:

    I have received an email in regard of my course. I was a student of Charles Darwin university doing bachelor in professional accounting. They didn’t gave me 12 subject exemption but they have it to someone else. Holmes institute offers the same course and they gave me 12 subject exemption on the bases of adv diploma in accounting.
    I am almost about to finish my course I was planning to do masters.
    If I join the Charles Darwin university to do my masters which will be end up before my visa so is that will be helpful to avoid cancellation?

  20. Zarak khan says:

    Hi.. I came here in 2012 oct. I was enrolled in ecu. But found it difficult so changed it and went to non svp institution. Right now am in mid of my diploma and got the mail but after 1 year. Am ready to go to uni but what of this study. Can you please suggest me something.

  21. Marilyn says:

    If I have already completed my course with the non-streamlined provider, what should I do? Is there a way to avoid cancellation of my student visa which expires in March 2014, or to or to request for a revoke of the 8516 visa breach?

    • Jalford says:

      As you did not complete the course for which your visa was granted and your visa expires in March 2014, you should make arrangements to depart Australia and request voluntary cancellation before its expiry date in March 2014.

  22. Prem Kumar says:

    i came here in 2011 under non SVP under 573. i have changed from bachelors degree to diploma course leading to bachelors degree. Am i breaching any visa condition because right now i am doing diploma course and i have only an offer letter for my degree course. do i need a COE for my degree course or can i get that later after completing my diploma course?
    Kindly help me thanks.

  23. Saroj says:

    Dear Officer,

    I finished 6 months of my course and applied to change a college before the information on the website was published. I currently came in University of Ballarat (now Federation university) and under streamlined visa processing. I, being a student, followed the information that was on the website previously which clearly stated that I could change providers if I completed the first 6 months of my course and did not need to change or apply for visa if I studied in the same level (Bachelors). I am not so much literate that I can interpret the actual meaning of the condition and just relied on the website information.

    Now I have a COE from Holmes Institute and my Bachelors is starting from March 2014. I have not yet started my course and I have not withdrawn from course at the University.

    Now since I have COE from Holmes institute, my COE and enrollment at University has been cancelled. Now with all the current information in the website, I want to continue to study in University of Ballarat or apply for another streamlined university but I have to have a release letter from Holmes institute to change to a university again.

    I am really frustrated why the information was not published on the website when the streamlined visa processing started back in 2012 so that we students could have all the information before hand. And also, what can I now do to change to University if Holmes doesnot provide me with release letter. A solution in this matter would be highly appreciated.

    Regards

    Saroj Regmi

    • Jalford says:

      You should obtain a CoE from an eligible streamlined university for your studies this academic year to avoid visa cancellation.

      Each education provider will have it’s own local polcies in regards to release and enrolments.

      If your education provider does not give you permission and you are not satisfied with the outcome you should first access the internal appeal process with your education provider. If you are still not satisfied you can appeal the education provider’s decision at an external complaint handling body, such as the State or Territory Ombudsman or the Overseas Student Ombudsman.

  24. Md Ismail Hossain Sabuj says:

    Dear Officer,

    I received NOICC letter few days ago asking the reasons of Breaching. I just found out that this blog very useful and getting prompt responses. I am at the moment studying Diploma of Business at Non SVP college. As my diploma is finishing in April 2014. Can I obtain a COE Immediately but course starting after that or I have to start the course immediately for this feb March intake?

    Would appreciate your response.

    • Jalford says:

      The email which you have received was a warning to rectify your situation to avoid receiving a NOICC.

      You are required to obtain a new CoE for to a streamlined university, and you will need to obtain the CoE as soon as possible. See link: Changing courses

  25. Anh says:

    My friends visa was granted under SVP subclass 573, and she is currently studying under NON SVP provider at the moment. And she received a release letter from her SVP provider & completed her 6 months of her principle course.

    Her visa is expiring soon and she want to apply for her visa extension under her current provider (non SVP provider), my friends hasn’t received any email or letter regarding “breach of your student visa conditions”. Would it possible for her to stay in Australia and applying new visa or extension her visa under non SVP?

    Please advise.

    Regards,

  26. Navin Sapkota says:

    Hi

    I came to study MBA at CQU university and finished two semesters already. now I am thinking to change at another university for MPA.
    I heard that Changing course is also a breach of Visa conditions.

    Can you please advise whether I can change the course ?

    Thanks
    Navin Sapkota

  27. Jalford says:

    If your visa was granted under streamlined visa processing you are required to maintain enrolment in another eligible streamlined university. For your MPA, please ensure you select your next university from the eligible list of streamlined universities.

    See link:Changing Courses

  28. Unspecified says:

    I am currently on SVP subclass 573, however studying at NON-SVP provider. My Bachelor finishes in March 14.

    If I get an offer letter from a SVP provider to start a course in April 2014, will this be ok?

    Also, why we’re NON-SVP providers allowed to enroll SVP subclass 573 students? Shouldn’t there have been a ban on this?

    • Jalford says:

      You will need to obtain a Confirmation of Enrolment (CoE) as soon as possible, a letter of offer is not sufficient.

      When you are thinking of changing courses, it is your responsibility to check the conditions of your visa. See link:Changing Courses

  29. Kim says:

    I was the student studied at RMIT university and completed 6 months of my principle course. I changed provider to non SVP when i received my release letter from RMIT.

    Due to my visa will be expire soon, i want to applying new visa/ visa extension under non svp provider. I have not received the notification for visa condition 8516 yet. Am I eligible to apply visa as onshore application.

    • Jalford says:

      Based on the information you provided, you will be required to depart Australia, request voluntary cancellation of your student visa (If it has not expired) and lodge a new visa application offshore.

      If the application is lodged in Australia, you must have and continue to substantially comply with the conditions of any visa held or previously held. From the information you have provided, it appears that you have breached visa condition 8516.

    • Van says:

      Shouldn’t this situation fall into Option 2 catergory? Can’t she lodge her next student visa onshore?

      Why she has to choose option 3, i.e. depart Australia, voluntary cancel her visa and lodge a new visa offshore?

  30. Zohaib says:

    Thanks for the information really appreciate it

  31. Hang Tran says:

    Similar to above cases, in order to obtain a new COE from a SVP, please advise whether students:
    1/. Can get COE from any educational business partners who can provide suitable courses n that, these partners belong to eligible education providers (both of them are listed in the Migration Regulations 1994 / IMMI 13/057 1July2013??
    Or
    2/. Compulsorily get COE issued only by eligible education providers, not by their educational business partners such as Acadamies Australasia Institues, TAFE NSW, ANU college, Macquarie Institute etc.?
    Thank you for your feedback ASAP so I can find suitable COE of an eligible issuer before 28 Jan.

    • Jalford says:

      You will need to obtain the CoE for the course or packaged courses where the principle course is provided by the eligible streamlined university.

  32. muhammad says:

    i finshed my first six month with svp provider and after that i changed into non svp provider and currently i am doing diploma of business which is finishing in april2014 and i cancel my next coe which was advance diploma and i already applied for july intake with svp provider my question is that is immigration will allow me to complete diploma of business from non svp because i am already in half of it and after that from july i can start svp and my another problem is that currently i am overseas and and i just arrived and here and i got a msg from my hiuse mate that i got ur letter regarding to breach of visa i m in shock or so nervous and my consultant is asking me for few documnts for which is compulsory to get coe but my all documents is in melbourne and i m not able to guve them so that they can apply for my coe and the date on letter is 15 jan but i got a msg today from my friend now i am wondering what should i do now i need to fly Asap or i can apply coe from here but have not all documnts which they need for coe now i am in soo much tension because my she is serious and i can not fly what should. i rply for that email while i got few days left to answer already 5 days in gone n i got letter very late i just arrived here n i got waiting for your answer advance thanks

    • Jalford says:

      You will need to obtain the CoE for the SVP course starting in July as soon as possible. You should liaise with your streamlined university on the process of obtaining the CoE while you are offshore.

  33. muhammad says:

    but thats the problem is uni required few important doc like transcript and my doc all in melbourne so what should i do for that is immigration will give me time for coe or i also have 14 days for coe thanks

  34. Ankit says:

    Sadly i change to non svp …
    4questions in my mind

    1.Non if i switch back to svp college or uni then my visa is safe
    2. I wan to start my principle course in july can i now start with elicos with non svp provider
    3. Suppose if i complete my studies in under svp and at the end of the my course will immigration ask me that ur visa was cancelled at that time when u breeged ur avp condition or everything is ok if i take admission in svp
    4. If i switch back then how much is the chances that immigration will notice me.
    Thanx
    Hope i hear u soon

    • Jalford says:

      1. Yes
      2. Yes, if you have a CoE for the principle course at a eligible streamlined university.
      3. You will be notified if there are any cancellation action being taken, in which you will be provided an opportunity to explain your situcation.
      4. The department will considered that you are no longer in breach.

  35. Karan Sandhu says:

    Hello,I came in Latrobe university in bachelors of IT. I completed 6 months there .then I changed svp to no svp…That time ,I talked with so many lawyers .is there any problem in future regarding svp to non svp?everyone said, if ur subclass is same no worries …ur eligible .but can I applied for any other svp university..I completed my 1 seawater of bachelors of accounting..now I’m applying for holmesglen tafe.is it ok?thanks

  36. Nasir ali says:

    I am in same trouble as all of above, i get enrolled in university of ballarat for bachelors of commerce leading to masters,but after six months i take the release letter from ub, coz kaplan business school docklends offer me MASTERS degree. So i avail the option. Now i got email from department for explaination….. May be no one beilives me. But i am was not aware of that policy. As i read the above comments i need to get the COE from svp with in 14 days. My question is after getting coe from svp still i need to give the explaination or not??

    • Jalford says:

      Once you obtain a CoE from a eligible streamlined university, we will consider this matter resolved.

  37. Sampada Phuyal says:

    Hi Officer,

    I have completed my firt semester for bachelors degree from SVP provider university. Now i have planned to study Bachelor of Nursing
    from another university. But due to my ielts score i need to complete 1.5 years diploma of nursing for which i have chosen non-SVP Provider college and have got the CoE before the rule changed. And I am now in the process of obtaining CoE for my bachelors degree of nursing which is to start from Feb 2016,after I complete my diploma.

    My query is,
    1. Am I eligible for studying diploma from Non-SVP Provider then go ahead for bachelors degree from SVP Provider?

    Or,
    2. Do I have to stop the process of getting CoE for bachelors degree, cancel the CoE for diploma from Non-Svp provider and reapply to next university for diploma of nursing?

    I eagerly look forward to see from you.

    Thank You,
    Sampada Phuyal

    • Jalford says:

      1. You should depart Australia, request voluntary cancellation of your student visa and apply for a TU572 appropriate to your diploma course. When you are ready to commence your tertiary studies in the future, you can apply for the relevent TU573 visa.

      2. If you want to continue your current streamline visa, you should obtain a Confirmation of Enrolment at a streamlined university as soon as possible.

  38. Sardeep says:

    Hi, I came here in July 2013 for bachelor degree under sho provider, but due to some circumstances, I changed my course and education provider within just 2 weeks. I was offered release letter from university. I moved to diploma of business, leading to bachelor degree in business. I am having Coe of bachelor and even my diploma has been started. What should I do know?

  39. Karan Sandhu says:

    Now,what is the solution for it. Tell me sir, I want to continue my study .i m applying for the holmesglen …what is the solution ?tell me.i don’t want to comeback home .my future will destroy.

  40. faisal says:

    I started my bachelor in November 2011.
    And I have a COE for masters course commencing on November 2014. My visa is for 5 years. I am about to finish my bachelor in july 2014. So there will be a gap of 1 semester between two courses.
    Is that ok?

    • Jalford says:

      Normally, you should not have a course gap greater than 2 month.
      However, individual circumstances are taken in to account.

  41. Dewcun says:

    I was the student of Federation University (which was known as University of Ballarat before) Which is in SVP list. Last year in November I was excluded from the university for 2 years for unsatisfactory progress of my MPA course and was advised to take admission anywhere within 28 days to remain lawfully in Australia. I tried but could not manage any LoO from any streamedline University as I was excluded from Federation University. Then I took admission in MPA in King’s Own Institute. Suddenly, yesterday I received email from immigration that I had breached my visa condition and was asked to explain within 14 days. I do not want to go back to my country without completion of my study. Could you please advise me:

    1) if I get another CoE from streamed line university for different course for June intake (as I want to do March semester in King’s Own Institute to complete the course), is it ok to maintain my visa condition?

    2) Can I apply for new student visa from on shore with my current CoE issued by King’s Own Institute?

    3) is there any other option available without going back and apply from off shore if streamed line University does not issue any CoE for me for the exclusion condition?

    Please advise me ASAp as I have only few days left to take action.

  42. Gaurav says:

    1. Similar to query above by Ankit. If a student was enrolled in Diploma leading to Bachelors under SVP. But finding study hard and due to other related medical issues, he has changed to Diploma of Business & Advanced Diploma of Business (Non SVP) followed by Bachelors of Business COE from a SVP University where he gets course credits also. This bachelors will start in November 2014. Can the student study like that with Non SVP provider till Oct 2014 and commence degree with SVP provider in November 2014?
    2. The visa does not mention streamlined anywhere in conditions, but still at the time of application, the student applied for visa prooviding all evidences of funds and had a good IELTS score too.
    3. Does he need to apply for a new visa?

  43. Jamie Burn says:

    It is fair enough when an overseas student who was granted a visa under SVP changes to a non SVP school needs to apply a new student visa which is eligible for his/her new course.DIBP will decide whether this student is eligible to be granted a new student visa under assessment level framework after assessing all the related documents provided by him/her including the reason why he/she has to change the course.
    However , it will be really not fair when he/she should depart Australia regardless he/she is studying in the last period of his/her qualification or had been granted a Release Letter from SVP Schools.

    Because when DIAC (now DIBP) granted a SVP visa with the condition 8516 and came together with the SVP School LO for an overseas student in which stated that he/she would have been entilted to be transferred to another institution after 6 months of the principal course,no one informed that this student will have to depart Australia to apply for a new student visa then.When the SVP implemented on 5th of November 2011, no information like this was given.

    Otherwise, when a SVP school processed an overseas student, obviously they will recognised immediately this student’s study ability through his/her academic transcript and decide whether he/she afford or not to the course structure.But many Unis issued LO for an overseas student with an average grade.At that stage , the student was thrilled to have a COE and started to believe that he/she will successfully complete this course.Very soon after then,many students suffered from the course and when it became unrealistic to keep undertaking, both unis and students had no choice, except to release the students to study more suitable courses for themselves.

    Furthermore, giving 14 days to apply back a SVP school is a nearly impossible mission.When an overseas student applies a first new application form to SVP school, the average awaiting period for a LO is 1 month.

    This new mandatory departing system from DIBP is one direction and not to consider about the overseas students who have to pay to study in Australia.DIBP should assess this complicated situation on case -by case.

  44. Faizan Mustafa says:

    hi i started my MPA from university of southern queens land after completing my first semester i did my visa extensionon the basis of USQ CoE after i received my visa i transferred to Holmes in same course MPA as they are offering low fees with double masters degree i finished my MPA from there and issued my coe of MBA from holmes but i received email from immigration for the breach of my visa condition 8516 i dont know about this when i was changing my education provider and my consultant didn’t guide me properly regarding this.

    if i issue my new coe from stream line education provider and cancel my MBA coe from holmes so is it workable to save me from this breach of condition? or what i need to do please help me.

    • Jalford says:

      Yes, that is correct. If you obtain a new CoE from a streamlined university you will no longer be in breach of visa condition 8516. This matter will then be considered resolved.

  45. Regan says:

    I was the student of Australian Catholic University and completed my first semester from there. Now i am in non- SVP provider college after getting release from university.i got the letter from immigration regarding breach of visas condition.the letter was issued on15th januray but i received on 20 th january.now i am in the process of getting coe from eligible streamlined university.i don’t have enough time ..what can i do now ??

    • Jalford says:

      You have received a warning letter, you have taken the correct steps to rectify your situation. There is no more action you are required to take unless you are contacted by the department.

  46. Sujay says:

    hi, i have completed my first Master Degree with SVP provider, my visa valid till 15th March2014, now i have applied a new COE with Non-SVP provider, i receive a notice about Breach conditional 8516, do i need to depart Australia to apply a new 573 visa , or can i loge my new 573 visa application onshore ??

    • Jalford says:

      As you have successfully completed your Master Degree (principle course) at the SVP provider, you have substantially complied with your student visa. You can lodge a new student visa onshore in Australia.

  47. Nasir ali says:

    Thanks department for this informative blog, sir/madam after getting email i have applied in two SVP universities, but there application processing time is 2 to 3 weeks, and department just allow us 14 days time, so is there any chance to get extra time???

    • Jalford says:

      You have received a warning letter, you have taken the correct steps to rectify your situation. There is no more action you are required to take unless you are contacted by the department.

  48. Md Ismail Sabuj says:

    As your advice to avoid getting noicc, I need to get coe from stream line ciurse provider as soon as posdible.i am trying to my best to get it . However, if it takes bit more time or if it is not posdible within 14 days what might happen or what can I do to?
    Your advice mean a lot me.

    • Jalford says:

      You have received a warning letter, you should continue to take the correct steps to rectify your situation by obtaining a Confirmation of Enrolment at a streamlined university as soon as possible.

  49. Geza Karacsony says:

    Hello,
    A bachelor student (SVP 573 visa) wishes to take 6 months leave of absence because she failed the prerequisite for the units scheduled for the next semester. The leave is likely to be approved on compelling grounds: no units of study are available for enrolment (ESOS National Code Standard 13). The CoE would be updated to show suspension of studies in the course for which she was granted her visa.

    However, rather than depart Australia, the student is hoping to enrol in one or two non-award units at the same university.

    After the leave, the student would resume her studies in the course for which she was granted a visa and proceed to graduation.

    Is this a possibility? If yes, would she need a CoE for the non-award units?

    To make it even more interesting, after completing her current bachelor course, she may wish to claim credit for the non-award units in a future enrolment in a subsequent course.

    Please advise.

  50. Sarah Pham says:

    Hi,

    I have a different story, Now i really confuse. My via will be expired on March, 2014, that’s reason why i lodged the new visa on 10Jan, 2014. The immigration asked me some documents for the new visa and i already submitted everything. Suddenly, this morning i received the email informed that i breach of student visa conditions due to i changed from UWS to KOI institute. In this case, i cannot request for voluntary cancellation of student visa or go back to Vietnam because the immigration has not granted my visa. What should i do now? I really confuse. Many thanks

  51. Zarak khan says:

    What if no uni is giving coe because in perth feb intakes are closed.
    They are saying you can only take admission in july.

  52. patricia says:

    Dear Officer,
    I have completed a Bachelor degree from a SVP university and now I would like to pursue a Master course in a non- SVP education provider.
    My previous visa linked to Bachelor will expire soon and I am planning to apply from Australia for another visa to study Master course at a non SVP institution.
    Could you confirm if I will be in breach of visa condition 8156 in this case?
    Thanks for your attention on the matter

    • Jalford says:

      If you have completed your principle course from your SVP university for which your visa was granted, you are considered to have complied with your visa condition 8516.

      If you wish to pursue futher studies at a non-SVP provider, you should apply for a new student visa under the assessment level framework.

  53. Rabin says:

    I came to Aus on 2012 under Assessment Level for MPA in CQU, after 6 month i change to some cheaper institute. does this law violation applies to me or not.

    • Jalford says:

      If your student visa was granted under Assessment Level Framework and you want to change to a new course at the same level of qualification at a different education provider, you are not in breach of visa condition 8516. See link: Changing Courses

    • Rabin says:

      Thank You Sir, that’s a great relief.. : )

  54. Megha says:

    Does this applies to the students, who came to Australia under assessment level visa ?

  55. alyshah says:

    When I received NOIC to explain the reasons of changing course within 14 days which I did and now I am under process of getting admission in streamline university, would like to know how much time do I have to get admission ??

  56. Damu says:

    Hi I have different story. I join Uws at 27 feb 2012. I got student visa in March 2012 . And after 1 years I change course diploma and now got the letter form department in this situation what can I do. Could you please give me suggestion thanks

  57. Benji says:

    I have a packaged visa for Diploma and Bachelor but have failed one subject and have to extend the Diploma. I will now miss the start of my Bachelor degree and have applied for next available intake. The University has told me that they cannot issue a new eCoE because the gap between when I finish my Diploma and start the Bachelor is more than 60 days. But I have been given a conditional offer for the new intake. I got a noicc what should I do?

    • Jalford says:

      Please see response from previous post.

    • Benji says:

      Thanks but I read your answer and I am sorry I am still not sure what I do. I call my Uni again today but they still won’t give me an eCoE because the gap is more than 60 days. I don’t want to change to another uni because I want to do this course. How can I make my uni give me an eCoE? Can’t they give me an eCoE even with 60 day gap? Please help as two of my other friends also have same problem.

    • Jalford says:

      For the first instance please speak to your university student advisor regarding your issue.

      The letter you received was a warning letter, not a NOICC. If you were issued a NOICC, you will have an opportunity to explain your individual circustances to the case officer.

    • Benji says:

      The student advisor is asking me to provide the email they sent me saying they cannot issue eCoE because of gap and explain that I failed and the gap was created because of this. If I email this as my reply to the warning letter is that enough or must I get them to issue an eCoE.

  58. Sena Peng says:

    Hi officer

    My student visa( subclass 573) was granted at 21st June 2011 and expires at 15 March 2014. During the first two years I completed my master degree at a SVP University(this is a 1.5-year course, but I was sick during the first semester so I applied suspension for a half year) , and then I continued my study at non-SVP Institute for another six months and completed my master degree there by November 2013. Will I be affected? Cause I am not sure if my visa was granted under SVP or not. And I am planning applying for 485 visa right now, will my application be Affected?? so worried!

  59. Julie Wen says:

    I hold visa 572. But I recently have made my decision to study bachelor of management in CIC, which is non SVP school. I hold COE from CIC. My previous education provide sent the release letter. Do I need apply for a new student visa 573 to study bachelor in CIC? If yes, does it have a time limitation to lodge a new student visa application? Thank you in advance.

  60. Kevinv says:

    I came here with VISA 573 SVP for studying my second degree – other bachelor. I finish two month of Elicos and wait for start main bachelor course next month.

    Now I wonder that can I change to course package include graduate certificate and Master by coursework at the same major and same SVP uni?
    What should I do to alert to DIAC after get new offer and coe frome my uni? Is my Visa still eligible about expire date, subclass.

    Thank you.

  61. Sardeep says:

    Hi, thanks for the last reply. Now the thing is that my diploma that I started with a non-svp provider is ending in September. If I get a c.o.e in bachelor from svp university of intake around September or October? Then still I will be breaching visa conditions?

  62. Lily Sun says:

    I am a student from University of Western Sydney, would I be allowed to take an approved Leave of Absence from B Health Science/M Physiotherapy course (as no units are available because of prerequisite requirements) and remain onshore to study a non-award unit/s at UWS during the duration of this leave. Or are there any other ways to remain in Australia during that period?
    Looking forward to your reply. Thank you

    • Jalford says:

      Please see previous reply.

      If you have further enquiries, please speak to your student advisor at your university.

    • Lily Sun says:

      Thank you for the reply.
      Do I need to apply for a different student visa for studying non-award units or my current visa is valid for this situation?
      Thank you.

    • Jalford says:

      If UWS is going to issue you a new CoE for the Bachelor course you may remain on the current streamlined student visa.

  63. Danish Bhatti says:

    Hi …. I had received an email from immigration on 14th January 2014 regarding the same issue ….and immigration has given me 14 days to reply back … my question is
    Are these 14 working days or including the weekends
    thanks

  64. Subas says:

    My problem is same.i have 573 visa for bachelors of nursing..Changed coarse within 5 months with release letter to non svp institute with diploma, advanced diploma and bachelors.. 2 days ago got letter to answer reason of changing svp to nsvp

    Now from above scenarios I need to get new Coe from svp uni..
    My question is do I have to get Coe for nursing or any subject can be fine..
    Secondly , if it takes more than 14 days to get Coe then what happens as I will be still in process to get coe..
    Thank you so much…

    • Jalford says:

      You can enrol in any tertiary course at an eligible streamlined university.

      You should obtain a CoE as soon as possible.

  65. Saroj Kafle says:

    I have a problem, I came with a streamlined visa where my couse was Diploma leading to Bachelors in Macquarie University. I now want to change my college, what is the way to change my education provider??
    Thank you

  66. Thi Vo says:

    I got an warning email about this problem above. However my situation isn’t about changing course, I’ve finished the course and applied for a new one in another university after I graduate, I also applied for a new visa at my hometown. I’ve explained this to the Department and they said “We have considered the information which you have provided and no further action will be taken in relation to this matter” so does this mean my current visa is still available until I get a new one?

  67. Flora says:

    I am not sure about whether I am in the same situation or not.
    I got a package offer and doing the pathway course now. I am studying in diploma of commerce at QIBT now (the last semester). Basically, I will transfer to Griffith Uni. But I want to transfer to Macquarie Uni in Sydney and I got the conditional offer from Macquarie and release letter from Griffith.

    But at the same time, Griffith University has cancelled my enrollment and CoE. And I have not received the full offer and CoE from Macquarie University because Macquarie is still waiting for my transcript and completion letter from QIBT (this is my last semester in QIBT). The results of my exam will be out on 7 Feb 2014. However, the expiry date of my CoE from QIBT is 1 Feb 2014.

    I am afraid that I can not get the new CoE from Macquarie within the 28 days.

    What can I do now?
    Am I in the same situation as the people in the case?
    and does QIBT (Navitas) is belong to SVP?

    Thank you very much!

  68. merry says:

    Hi,
    my visa subclass 573 from ACU svp, but i have completed my course early and around 8 months left on my student visa. after that i continue master degree at non-svp provider. i contacted immigration but was told that i can use my current visa subclass 573 to study a master degree at any course provider.
    now i’ve received email regarding breach condition of 8516.
    what should i do?
    please reply asap.
    thank you.

    • Jalford says:

      Please respond to the warning letter you received, an officer will confirm your situation and respond to you directly.

  69. muyeed tawheed says:

    Dear sir,
    I also received an email regarding changing course. But I didn’t left the course they excluded me from it. I was suffering from severe hypertension and my doctor advice me not to take any stress if I did I can have heart stroke as well I have all the reports and medical letter from doctor. I also gave all the medical documents to university but they didn’t consider it. I am happily to do degree again but how if my condition is not good yet. Need your response sir
    Thanks

  70. Muhammad says:

    I m in the same situation and university is requiring transcript for admission I already provide all documents to For Coe except transcript which Is in Melbourne and currently I am overseas coz my she is seriously ill and I can not fly in this circumstance and I requested university that please give me Coe I will submit my transcript as soon as I can but they r not giving me Coe without transcript I can not do thing now so can I ask immigration for time that please give me few days so I can come to Melbourne and then submit my transcript to Uni and then get Coe and should I write this all on my email reply I am so confused that I have not enough time and how many days immigration will give to get Coe after my reply to this email advance thanks

  71. Cecilia says:

    hi, i have completed my Master Degree in USYD in Dec 2013 and my visa valid till 15th March 2014.
    I have applied a new COE with TOP Education a non-SVP provider.
    My study in TOP Education will commence on March 2014 so I have started to prepare for my new visa.

    My anxiety is the email that migration officer can contact me is not my personal one. Actually the email address registered was my offshore agent’s. So I probably cannot receive any notice letter regarding this issue from migration officers.

    Now I begin to lodge my new visa application and I just don’t know what will happen if I really miss the your warning letter and pass the 14 days for explanation?
    Will my current visa be cancelled under such circumstances?

    • Jalford says:

      From the information you have given, you have completed your principle course from your SVP university for which your visa was granted, you are considered to have complied with your visa condition 8516.

      If you wish to pursue futher studies at a non-SVP provider, you should apply for a new student visa under the assessment level framework.

    • Cecilia says:

      Hi Officer,

      Thanks so much for your quick response:)

  72. muyeed tawheed says:

    Thanks for your response.
    I already filled special consideration form to deffer my semester but they didn’t. They asked me to give exams but my condition was not well at that time to. They didnt even gabe me second chance to appeal and canceled my enrollment straight away. At that time I didn’t even know what to do so I took admission different course. If I knew that it will trouble me that I wouldn’t take admission.
    Can I take any course in svp college?
    Sir help me out with it. I will be really great full to you.
    Thanks

  73. Oscar Guevara says:

    Dear Jalford,

    I am writing because I also received an email explaining that I breach my student visa conditions. I got a package visa with a diploma at SAIBT and bachelor at UNISA. After one year studying at SAIBT, I wanted to change my course and university. After having my release letter from both institutions and the offer letter from KAPLAN (diploma and bachelor as well), I went to DIAC in Adelaide. They told me that everything was ok, so I left my documents in a box. Now, after 7 months at KAPLAN, I do not understand what happen. I reported my change at immigration when I did, and the assesment level framework is 1 for both institutions in my case. I replied the email the same day and attached all the information described above. I went to DIAC today and they know nothing about this condition because it is brand new. Also, I tried to call to 13 18 81, and it did not work. I am very worried about this situation. I would like to know how much I have to wait until a response from the Student Integrity Unit? Is there anything that I could do in the meantime?

    Looking forward to hearing from you. Thank you in advance

    • Jalford says:

      Student Integrity and Visa Cancellation Coordination is responding to all emails within 5 working days.

  74. Van says:

    Hi there,

    I studied and completed my first 6 months of Master degree at Monash University before I transferred to a non-SVP program. I got the COE from the new provider just last month i.e. Dec 2013. I saw there are three options, and my situation should fall into the 2nd option you mentioned above, i.e.

    remain in her current course and apply for a new student visa after completing six months of her principal course with a letter of offer or confirmation of enrolment from the new provider.

    Please kindly confirm if this is the case and all I need to do next is to apply for a new visa as the option two suggests.

    Much appreciated your reply!

  75. akshay says:

    Hi there, my situation is that I came here under subclass 573 of streamline visa in bachelor degree. I switched to diploma leading to bachelor in a non-svp provider. After all this happening around, I have cancelled my Coe of bachelor from non streamline provider. But my diploma is ending in October. So I have applied for bachelor degree in a svp provider but for November intake and expecting to get my Coe soon. In this situation, will my visa be still in danger of cancellation? Please reply briefly.

    Thanks

  76. selena says:

    Hi, I came under SVP in July 2012 intake for master course. I then transferred to college in consent of university. I even called immigration and they told me there is no problem unless I am doing masters course.I then joind college for masters course and have already completed 3 semesters with all distiction marks. I only have 1 semester left and my visa expires on Aug 2014. As I only have one semester left, universities are not taking me for the course,
    What suggestions do you have for me

  77. Faizan Naveedot says:

    Hi
    i have already applied for CoE in SVP university for masters. administration said they will take 7 to 8 working days to issue a CoE. I do not have a time as by 14 days period going to end on 28/01/2014.
    I have already gave them an explanation about my situation but have not received any information. please tell me what should I do.

    Kind regards,
    Faizan.

  78. selena says:

    Hi,
    I came under SVP in vic uni for masters program and then transferred to college. I have already completed 3 semester and only 1 semester to go. Having only 1 semester left , uni are not ready to enrol me. What shall I do?

  79. neeraj says:

    sir you said ,take a admission before 28/10/2014 in order to maintain the visa .but sir svp universities takes like 2 weeks time to access the application .just I want to know immigration will take that into consideration that student has applied in the svp university or we need coe from svp institute before 28/1/14.

    • Jalford says:

      If the department decides to issue you a NOICC, you will be given an opportunity to explain your circumstances, the case officers will consider all available information and your circumstances and make a decision.

  80. Poppy says:

    I got this letter say my visa is in breach condition of 8516 because I ceased from Monash and have since commenced a non-eligible course with ACU. I got my first visa Mar 2009 for studying in Monash for English course and a bachelor course. In Mar 2011, I decided to transfer to RMIT since the fine art program they have was recognised as one of the best in the world, and I just completed my bachelor study in Dec 2013. I applied for an extension of my visa May 2013 for finishing my last semester in RMIT, and it was granted till 28 Feb 2014. I really want to be an art teacher after three years, so I applied for a few courses, and I decided to take up a graduate diploma course with ACU that will commence 10 Feb 2014 because they have good reputation for teaching courses and they offer me a scholarship; meanwhile, I have lodged a non-SVP 573 visa application and provided financial and english requirements on 14 Jan 2014.

    I read carefully about this blog and relevant and I feel that I didn’t breach my visa condition, as RMIT and Monash are both eligible education providers. Is this right?

    My visa will expire on 28 Feb, so I have lodged a non-SVP 573 visa onshore before getting this mail with financial approval. Do I need to depart Australia to wait for my visa result? Will this affect my new application?

    I am very shocked and confused because I feel I have maintained conditions of my visa. Even though I am enrolled in a non-SVP course, I have applied for a new non-SVP visa. Should I just explain this to the immigration office?

    Thank you so much, and I await your answer.

    • Jalford says:

      According to the information you provided, you have taken the appropriate steps. You have completed your principle course in a SVP university and lodge a new student visa for your future study.
      In this case you are not in Breach of visa condition 8516 and you are not required to depart Australia for your student visa application.

  81. Kelly says:

    My situation is a little bit different. I had transferred my program from 2 years to 1.5 years at UNSW. I have already completed the 1.5-year Master Degree and got the certificate last month. My original visa is 573 SVP and valid until Sep 2014. I’ll start to do another Master degree at a non-SVP education provider next month until June 2014. So my question is do I need to apply for a new student visa? Since the two degrees are on the same level- Master (coursework) 573 and the whole study period is still 2 years, so I think my original visa still works. Am I right? Plz give me some instructions. Thanks.

    • Jalford says:

      That will depend on whether your current student visa was granted under SVP or not.

      If you currently hold a streamlined student visa then you must apply for a new student visa to continue your studies in a non-SVP provider.

      If you currently hold a student visa under the Assessment Level Framework, then you may continue your study on the same visa.

  82. Subas says:

    Again confused about letter I received.. It has given me 14 days to answer the circumstances of coarse change ..I wonder if it is warning or NOICC ..will be great to be clear on this..

    Similarly, I am on process to get. Coe.. What. Shall happen to my visa if. I can’t get in. 14 days … Please make clear on this as well..
    I got letter on 21 st .. Thank you

    • Jalford says:

      You have received a warning letter, it is not a NOICC.
      If the department decides to issue you a NOICC, you will be given an opportunity to explain your circumstances, the case officers will consider all available information and your circumstances and make a decision.

  83. Shazita Shahi says:

    I came to Australia to study Diploma of Management leading to Bachelors of Business and Commerce (Accounting) at Macquarie University. I got a release from Macquarie and changed the education provider to IIBIT. My initial plan was to complete Diploma from IIBIT and then move to University of Ballarat for my Bachelors degree. This falls under SVP process. However, after getting negative feedback from my friends studying there, I decided not to join Ballarat. Now I only have COE of Diploma at IIBIT which I will be completing on June 2014. I am planning to get COE from Victoria University for Bachelors degree to start from July 2014 intake.

    Could you confirm that Diploma at IIBIT followed by Bachelors at Victoria University falls under SVP or not? I cannot see this package at the SVP list that you have provided.

    Also, since I only have Diploma COE, how will it affect my visa status?

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