Overseas student transfer restrictions extend to 12 months

The overseas-student transfer restriction has changed. The National Code Amendment (Overseas Student Transfers) Instrument 2026 was registered on 1 October and commenced on 2 October 2026. It changes Standard 7.1, introduces Standard 7.1A and updates the release-policy reference in Standard 7.2.

ASQA's 2 October notice confirms that this is a temporary substantive change. Providers should review transfer eligibility and release requests against the new dates and the applicable exceptions.

Which period applies

Under the authorised amendment:

• From 2 October 2026 to 30 June 2027 inclusive, non-school transfers generally require the student to have completed at least 12 months of their principal course with the releasing provider.
• From 1 July 2027, that non-school period returns to six months.
• Where the releasing provider is an approved school provider, the separate first-six-months rule for the student's first registered school-sector course remains.

The Department of Education's 2 October provider fact sheet explains that the 12 months is the total completed principal-course period. It is not an additional year starting on 2 October. A student who has completed between six and twelve months can therefore become restricted again.

Release and other exceptions remain available

Standard 7.1A permits a receiving provider to enrol a transferring student where an applicable exception is established:

• the releasing provider or course has ceased to be registered;
• an ESOS sanction prevents the student continuing at that provider;
• the releasing provider has agreed to release, recorded its effective date and reason in PRISMS, and complied with the Standard 7.2 policy and process; or
• a government sponsor provides written support for the change in the student's best interests.

These exceptions come from the binding amendment. Providers should retain the actual evidence for the applicable exception. ASQA's current student-transfer guidance also sets out release records, refusal reasons and appeal rights, and the additional requirements for students under 18.

What providers should review now

1. Check incoming transfer cases against verified principal-course history and the releasing provider's school status.
2. Reassess pending cases where the student has completed six to twelve months. The Department fact sheet distinguishes already accepted transfers before 2 October from recruitment that had not yet reached acceptance.
3. Review outgoing release policies, decisions, appeal steps and PRISMS evidence against Standard 7.2.
4. Confirm CoE preparation in PRISMS and retain the eligibility or exception evidence.
5. Prepare for the return to six months from 1 July 2027.

The Department fact sheet also confirms that the onshore agent-commission prohibition remains separate. A release or an unrestricted transfer does not itself permit a prohibited commission.

What RTObase can establish

RTObase's regulatory-news assessment can identify whether the organisation has its CRICOS module enabled and open the existing International workspace for review. That setting does not prove live registration, an affected transfer case, completed principal-course months or a valid exception.

RTObase does not enforce the temporary transfer restriction or manage the complete Standard 7 release process. Check the official source, releasing-provider evidence and PRISMS before accepting a transfer or preparing a CoE. The International workspace is a starting point for reviewing local records.

This amendment belongs to the CRICOS/ESOS framework. It does not alter the 23 Outcome Standards controls or automatically invalidate their assurance reviews.