Leave of Absence for International Students: Q&A Guide

Monday 26 January 2026

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This article answers common questions about leave of absence, deferral, and suspension for international students in Australia, covering eligibility, application process, visa implications, work rights, provider actions, and returning to study, based on the National Code 2018, Standard 9.

Leave of Absence for International Students: Comprehensive Guide

Questions & Answers on Deferral, Suspension, and Cancellation of Enrolment

Cross-referenced against National Code 2018, Standard 9; Migration Regulations 1994, Schedule 8

PART A: UNDERSTANDING THE FRAMEWORK

A1. Key Definitions

Q1: What is Standard 9 of the National Code?

Standard 9 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 governs the deferral, suspension, and cancellation of an overseas student's enrolment. It sets out the obligations of registered education providers and the circumstances under which enrolment changes can occur.

The National Code has legal effect under the Education Services for Overseas Students Act 2000 (ESOS Act). Providers must comply with Standard 9 as a condition of their registration on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).

Q2: What is the difference between deferral, suspension, and cancellation?

These terms have distinct meanings under Standard 9:

Deferral typically refers to:

Postponing the commencement of study before a course has started; or
A temporary break during studies, with an intention to return

Suspension refers to:

A temporary pause in active enrolment during a course
The student remains enrolled but is not actively studying
There is an expectation of return

Cancellation (Termination) refers to:

Permanent ending of the enrolment
The student is no longer enrolled with the provider
The CoE status becomes "cancelled"

All three can be initiated by either the student or the provider, but the grounds and procedures differ.

Q3: What is PRISMS and why does it matter?

PRISMS (Provider Registration and International Student Management System) is the Australian Government database that:

Records all international student enrolments
Tracks Confirmations of Enrolment (CoEs)
Notifies the Department of Home Affairs of any changes to enrolment status
Records deferrals, suspensions, and cancellations

When your provider records a deferral or suspension in PRISMS, the Department of Home Affairs is automatically notified. This notification can trigger a review of your visa status. Proper recording in PRISMS is essential—if your leave is correctly recorded as being for compassionate or compelling reasons, your visa should not be affected.

Q4: What is a Confirmation of Enrolment (CoE)?

A CoE is an electronic document issued by your education provider confirming:

You are enrolled in a registered course
The course start and end dates
The course details and location

Your CoE is linked to your student visa. Changes to your CoE (including deferrals that extend your course) are reported to the Department of Home Affairs through PRISMS and may affect your visa.

A2. Who Can Initiate Changes to Enrolment?

Q5: Can I request to defer or suspend my own enrolment?

Yes, but only if you have compassionate or compelling circumstances. You cannot simply choose to take a break. Your provider will assess your application against their documented procedures and the requirements of Standard 9.

The provider has discretion to approve or refuse your request based on their professional judgement and their own policies.

Q6: Can my provider defer, suspend, or cancel my enrolment without my consent?

Yes. Registered providers may suspend or cancel your enrolment on the basis of (but not limited to):

Misbehaviour by the student
Failure to pay the required fees as stated in the written agreement
A breach of course progress or attendance requirements

However, in most cases, you have the right to access the provider's internal complaints and appeals process before the action takes effect.

Q7: What must my provider do before suspending or cancelling my enrolment?

Registered providers must:

Have a documented process for assessing, approving, and recording a deferment, suspension, or cancellation of study
Notify you in writing of the intention to suspend or cancel your enrolment
Tell you to seek advice from the Department of Home Affairs on the potential impact on your visa
Not let a suspension or cancellation take effect until you have been given a chance to complete an internal appeals process (unless health/wellbeing is at risk)

PART B: STUDENT-INITIATED LEAVE

B1. Grounds for Leave

Q8: What are compassionate or compelling circumstances?

Compassionate or compelling circumstances are generally those:

Beyond the control of the overseas student; AND
Which have an impact upon the student's course progress or wellbeing

The Standard 9 factsheet provides these examples (noting this is not an exhaustive list):

Serious illness or injury — where a medical certificate states the student was unable to attend classes
Bereavement of close family members — such as parents or grandparents (where possible, a death certificate should be provided)
Major political upheaval or natural disaster in the home country — requiring emergency travel that has impacted on the student's studies
A traumatic experience, which could include:
- Involvement in, or witnessing of, a serious accident; or
- Witnessing or being the victim of a serious crime (these cases should be supported by police or psychologists' reports)
Academic circumstances — where the provider was unable to offer a prerequisite unit, or the student has failed a prerequisite unit and therefore faces a shortage of relevant units for which they are eligible to enrol

Q9: What evidence do I need to provide?

You must provide documentary evidence to support your claim. Examples include:

Circumstance	Evidence Required
Serious illness or injury	Medical certificate stating you were unable to attend classes
Bereavement	Death certificate (where possible)
Political upheaval/natural disaster	News reports, government travel advisories, flight records
Traumatic experience (accident)	Police report, hospital records, witness statements
Traumatic experience (crime)	Police report, psychologist's report
Failed prerequisite/unit unavailable	Academic transcript, correspondence with faculty

Providers should keep copies of supporting documents in your student file. If you cannot provide certain documents, explain why and provide what alternative evidence you can.

Q10: What does NOT qualify as compassionate or compelling circumstances?

The following are generally NOT considered compassionate or compelling:

Wanting a break or feeling tired
General stress from studying
Needing to work more hours to earn money
Wanting to travel for holidays
Relationship difficulties (unless supported by counsellor/psychologist evidence of impact on wellbeing)
Minor illnesses that do not prevent class attendance
Financial difficulties alone (though some providers may consider severe financial hardship)
Dissatisfaction with the course or provider
Wanting to spend time with visiting family members
Homesickness (unless supported by psychological evidence)

Each provider has its own policies. If you are unsure whether your circumstances qualify, speak with your International Student Adviser before applying.

Q11: My circumstances are not on the list. Can I still apply?

Yes. The list in Standard 9 states these are "only some examples" of what may be considered compassionate or compelling circumstances. Providers should use their professional judgement to assess each case on its individual merits.

If you believe your circumstances are genuinely beyond your control and have impacted your studies or wellbeing, you should apply and explain your situation fully with supporting evidence.

Q12: Can financial hardship be a compassionate or compelling circumstance?

Financial hardship is not explicitly listed in Standard 9. However, some providers may consider severe, unexpected financial hardship (such as a family member losing their job, currency collapse in your home country, or unexpected medical expenses) as a compassionate circumstance, particularly if it affects your wellbeing.

You would need to provide evidence such as:

Bank statements
Letters from family members
Evidence of the unexpected event causing the hardship

Note: General financial pressure from the cost of living in Australia is unlikely to qualify. Speak with your provider's financial assistance or student support services—there may be other options available such as payment plans, hardship funds, or scholarships.

Q13: Can mental health issues be a compassionate or compelling circumstance?

Yes. Standard 9 recognises traumatic experiences and their impact on students. Mental health conditions such as depression, anxiety, or psychological trauma can qualify if:

They are beyond your control
They have an impact on your course progress or wellbeing
You provide supporting evidence (such as a psychologist's or psychiatrist's report, or a GP's mental health care plan)

The evidence should explain how your condition affects your ability to attend classes and complete your studies.

B2. The Application Process

Q14: How do I apply for leave of absence?

Each provider has its own documented procedures. General steps include:

Contact your International Student Adviser — Discuss your situation and confirm the application process
Obtain the application form — This may be called "Leave of Absence," "Intermission," "Deferral," or "Suspension of Studies" for international students
Gather your evidence — Collect all supporting documents for your compassionate or compelling circumstances
Complete the application — Provide full details of your circumstances and attach all evidence
Submit before the census date — Where possible, apply before the census date of the study period to avoid academic and financial penalties
Continue attending — You must remain enrolled and continue attending classes until you receive written confirmation that your leave has been approved
Await written approval — Do not stop attending until you have formal written confirmation

Q15: When should I apply for leave?

Apply as soon as you become aware that your circumstances will prevent you from continuing your studies. Ideally:

Before the study period begins — If you know in advance
Before the census date — To avoid being charged fees for the semester and receiving academic penalties
As soon as possible after the event — If circumstances arise suddenly (e.g., family bereavement, accident)

Late applications may still be considered, but you may face financial penalties or academic consequences.

Q16: What happens while my application is being assessed?

While your application is being assessed:

You must continue attending classes
You must continue meeting your visa conditions
You should not assume approval
Your provider will review your evidence and may request additional information
Processing times vary by institution

Only stop attending after you receive written confirmation of approval.

Q17: Can my provider refuse my application?

Yes. The provider has discretion to approve or refuse applications based on:

Whether your circumstances meet the definition of compassionate or compelling
The quality and sufficiency of your evidence
Their own documented policies and procedures
Their professional judgement

If your application is refused, you should:

Ask for the reasons in writing
Consider whether you can provide additional evidence
Ask about the internal complaints and appeals process
Seek advice from an International Student Adviser or migration agent

Q18: Can I appeal if my leave application is refused?

Yes. You have the right to access your provider's internal complaints and appeals process. Standard 10 of the National Code requires providers to have such processes.

If you are unsatisfied with the outcome of the internal process, you may be able to access external appeals through bodies such as the Commonwealth Ombudsman or state/territory ombudsman services.

B3. Duration and Limits

Q19: How long can I take leave for?

There is no maximum period for a deferral under compassionate or compelling reasons prescribed in the National Code. The factsheet explicitly states this.

However:

The deferral must be assessed in accordance with the registered provider's policies and procedures
Individual providers commonly impose their own limits (often 6-12 months)
Your circumstances must continue to justify the leave
Extended leave may have visa implications

Check your provider's specific policy on maximum leave duration.

Q20: Can I extend my leave if my circumstances continue?

Generally yes, subject to:

Providing updated evidence that your compassionate or compelling circumstances continue
Your provider's policies on maximum leave duration
Assessment by your provider using their documented procedures

Apply for an extension before your approved leave period expires. If your circumstances have ceased but you wish to remain on leave, this would no longer qualify as compassionate or compelling and could affect your visa.

Q21: Can I take leave multiple times during my course?

There is no prohibition in the National Code on multiple periods of leave. However:

Each application must be for genuine compassionate or compelling circumstances
Repeated applications may raise questions about whether you are a genuine student
Your provider may consider your leave history when assessing new applications
Excessive leave may affect your ability to complete your course within the expected duration

If you are experiencing recurring difficulties, discuss long-term options with your provider.

Q22: Is there a minimum period of study required before I can take leave?

The National Code does not prescribe a minimum period. However, many providers have policies requiring students to complete at least one semester (or one study period) before being eligible for leave of absence.

Deferral of commencement (before you start your course) is treated differently from suspension of studies (during your course). Check your provider's specific policies.

PART C: VISA IMPLICATIONS

C1. Staying in Australia

Q23: Can I stay in Australia during my approved leave?

Yes. You can remain in Australia during an approved leave period, and your dependants can also remain.

The Department of Home Affairs is notified through PRISMS when your course is deferred or suspended. The Standard 9 factsheet confirms:

"An international student's visa would not be cancelled if the deferral is for compassionate or compelling reasons."

However, this is conditional—see the next question.

Q24: When might my visa be cancelled even if leave is approved?

Your visa may be cancelled if the deferral or suspension:

Is due to your own conduct — The leave resulted from your misbehaviour or actions
Is for reasons other than compassionate or compelling circumstances — You do not have genuine grounds
The compassionate or compelling circumstances cease to exist — Your circumstances have resolved but you have not returned to study
Is based on fraudulent evidence or documents — You provided false information to obtain approval

The Department of Home Affairs retains discretionary powers under section 116 of the Migration Act 1958 to cancel visas where the holder is not complying with visa conditions or is in Australia for purposes inconsistent with their visa.

Q25: What should I do to protect my visa during leave?

To protect your visa status:

Ensure your leave is approved for genuine compassionate or compelling reasons
Provide truthful evidence—never provide false or exaggerated documents
Ensure your provider records the leave correctly in PRISMS
Maintain a valid CoE with a return date
Keep your Overseas Student Health Cover (OSHC) current
Return to study when your circumstances resolve or your leave period ends
Notify your provider if your circumstances change
Seek advice from the Department of Home Affairs if you are unsure about your status

Q26: Does taking leave affect visa condition 8202?

Visa condition 8202 requires you to:

Remain enrolled in a registered course
Maintain enrolment at the same AQF level or higher
Maintain satisfactory attendance and course progress

When leave is properly approved and recorded in PRISMS:

Your enrolment is suspended, not terminated—you remain enrolled
The period of suspension should not be included in attendance monitoring calculations
You are not expected to demonstrate course progress during leave
Your provider should ensure you have a valid CoE with a start date reflecting your intended return

A properly approved and recorded leave should not breach condition 8202.

Q27: What happens to my CoE during leave?

There are three possible outcomes under Standard 9:

Outcome 1: No change to end date

Provider notifies PRISMS of deferral/suspension without affecting the CoE end date
No change to the CoE—you remain listed as "studying"
The deferment or suspension is recorded in PRISMS

Outcome 2: End date affected

Provider notifies PRISMS that the deferral will affect the CoE end date
PRISMS cancels the original CoE
Provider is offered the opportunity to create a new CoE with appropriate dates
If the provider doesn't know your return date, they can wait until you confirm before creating a new CoE

Outcome 3: Permanent cancellation

Provider notifies PRISMS of permanent cancellation (termination)
Your CoE status becomes "cancelled"
You are no longer enrolled

Always confirm with your provider what has happened to your CoE.

Q28: Do I need a new visa if my leave extends my course?

If your leave extends your course beyond your current visa expiry date, you will need to apply for a new student visa before your current visa expires.

Requirements include:

A new CoE showing the extended course dates
Valid OSHC covering the extended period
Meeting all other student visa criteria
Sufficient funds for the extended study period

Apply for the new visa before your current visa expires. You may be granted a Bridging Visa while your new application is processed.

C2. Work Rights During Leave

Q29: Can I work during approved leave?

Yes, and importantly, you can work unlimited hours.

Visa condition 8105 states the holder must not work more than 48 hours per fortnight "during any fortnight when the holder's course of study or training is in session."

When you are on approved leave, your course is considered "not in session" or "out of session." The 48-hour restriction does not apply, giving you full work rights with no hourly limit.

This is the same principle that allows unlimited work during official vacation periods.

Q30: Can I take leave specifically to work more hours?

No. This would not constitute compassionate or compelling circumstances and would be a deferral "for reasons other than compassionate or compelling circumstances."

Your visa may be cancelled if you defer for non-genuine reasons. The Department of Home Affairs can consider cancellation where a student:

Has deferred for non-genuine reasons
Remains in Australia for purposes not consistent with their student visa

The primary purpose of a student visa is study. While unlimited work rights during leave are a consequence of the rules, engineering unnecessary leave to exploit them is inconsistent with your visa obligations and the genuine student requirement.

Q31: What counts as my course being "in session"?

Your course IS in session during:

Advertised teaching semesters or terms
Examination periods
Any period when you are undertaking another course during a break, if the credits count towards your main course

Your course is NOT in session during:

Official vacation periods (e.g., summer break between academic years)
Approved deferral or suspension periods (as recorded in PRISMS)
After completing your course as scheduled (while your visa remains valid)
If your enrolment was cancelled due to provider default, until you secure alternative enrolment

Q32: What are my work rights on a reduced study load?

If your provider approves a reduced study load (rather than complete deferral) under Standard 9:

You retain your student visa status
Your course remains "in session"
The standard 48 hours per fortnight work restriction applies
You are still enrolled and studying, just at reduced intensity

A reduced load may be appropriate if you need to manage your studies due to compassionate circumstances but do not need a complete break.

Q33: When do work restrictions resume after leave?

Work restrictions resume when your course returns to being "in session":

When your approved leave period ends and you re-enrol
When the new semester/term begins after your return
From the first day of the teaching period you are enrolled in

Plan your work commitments accordingly. You cannot continue working unlimited hours once your course is back in session.

PART D: PROVIDER-INITIATED ACTIONS

D1. Grounds for Provider Action

Q34: On what grounds can my provider suspend or cancel my enrolment?

Registered providers may suspend or cancel your enrolment on the basis of (but not limited to):

Misbehaviour — Breach of the provider's student code of conduct, academic misconduct, criminal behaviour, harassment, etc.
Non-payment of fees — Failure to pay the required amount to undertake or continue the course as stated in your written agreement
Breach of course progress requirements — Failing too many units, not meeting academic progression standards
Breach of attendance requirements — Not attending required classes (particularly relevant for school-sector students and some VET courses)

Each provider has its own policies specifying the circumstances that may lead to suspension or cancellation.

Q35: Can my provider cancel my enrolment for failing subjects?

Potentially, yes. If you breach course progress requirements (such as failing a certain percentage of units), your provider may initiate suspension or cancellation.

However:

You must first be given a notice of intention to report
You must be given 20 working days to access the internal complaints and appeals process
For course progress breaches, the provider must wait for both internal and external appeals processes to complete before proceeding

Providers must have intervention strategies in place before reaching this point, and you should be given opportunities to improve your progress.

Q36: What happens if I don't pay my fees?

If you fail to pay the required fees as stated in your written agreement, your provider may:

Issue a notice of intention to suspend or cancel your enrolment
Give you 20 working days to access the internal complaints and appeals process
Proceed with suspension or cancellation after the internal process is complete

Non-payment is a serious matter. If you are experiencing financial difficulties, contact your provider immediately to discuss options such as payment plans, fee deferrals, or hardship assistance.

D2. Your Rights in Provider-Initiated Actions

Q37: What notice must my provider give me?

For any provider-initiated deferral, suspension, or cancellation, you must be given:

Written notification of the intention to suspend or cancel your enrolment
A notice of intention to report (to the Department of Home Affairs via PRISMS)
20 working days to access the provider's internal complaints and appeals process
Advice to seek information from the Department of Home Affairs on the potential impact on your visa

Q38: What is a "notice of intention to report"?

A notice of intention to report (sometimes called a "section 20 notice" after section 20 of the ESOS Act) is formal written notice that:

Your provider intends to report a change to your enrolment to the Department of Home Affairs
You have the right to appeal this decision
The report may affect your student visa

You typically have 20 working days from receiving this notice to access the internal complaints and appeals process.

Q39: What is the internal complaints and appeals process?

Every registered provider must have an internal complaints and appeals process under Standard 10 of the National Code. This process allows you to:

Challenge the provider's decision
Present your case and any mitigating circumstances
Have the decision reviewed by someone not involved in the original decision

The process must be fair and transparent. Your provider should give you information about how to access it.

Q40: Do I have to wait for the appeal outcome before my enrolment is affected?

Generally, yes. The provider must not let a suspension or cancellation take effect until you have had a chance to complete the internal appeals process.

Exception for course progress and attendance breaches: For these specific breaches, the provider must wait for both the internal AND external appeals processes to be completed before reporting to PRISMS.

Exception for health/wellbeing risks: If your health or wellbeing, or the wellbeing of others, is likely to be at risk, the provider may proceed immediately without waiting for the appeals process (see next question).

Q41: When can a provider act immediately without the 20-day appeal period?

A provider may proceed immediately (without waiting for the appeals process) where your health or wellbeing, or the wellbeing of others, is likely to be at risk.

Applicable situations may include (but are not limited to) when you:

Refuse to maintain approved care arrangements (if under 18 years of age)
Are missing
Have medical concerns, severe depression, or psychological issues which lead the provider to fear for your wellbeing
Have engaged or threaten to engage in behaviour reasonably believed to endanger yourself or others
Are at risk of committing a criminal offence

Even in these cases:

You can still access the internal appeals process after the action is taken
The provider must still complete the process
If the appeal finds in your favour, the action must be reversed immediately

Q42: Can I access external appeals?

Yes. If you are unsatisfied with the outcome of the internal process, you can access external appeals through:

Commonwealth Ombudsman — For private education providers
State/Territory Ombudsman — For public providers (e.g., TAFE, public universities)
Other relevant bodies — Depending on your provider type and location

For course progress and attendance breaches, the provider must wait for both internal and external appeals to be completed before reporting.

Q43: What happens if I win my appeal?

If the internal appeals process finds in your favour:

The deferral, suspension, or cancellation must be reversed immediately
You must be notified of the reversal
The provider must take any corrective action required under Standard 10
Your enrolment should be restored as if the action never occurred

If you win an external appeal, similar remedies apply.

PART E: PRACTICAL MATTERS

E1. Returning from Leave

Q44: What do I need to do to return from leave?

Before your approved leave period ends:

Contact your provider — Confirm your return date and the re-enrolment process
Re-enrol in your course — Complete any required enrolment forms for the relevant study period
Check your CoE — Ensure you have a valid CoE with correct dates in PRISMS
Verify your OSHC — Confirm your health cover is current and covers your extended study period if applicable
Check your visa — If your visa will expire before your new course end date, apply for a new student visa
Attend orientation/meetings — Some providers require returning students to attend meetings or orientation sessions
Plan your study load — Discuss with an academic adviser how to complete your remaining requirements

Do not assume you can simply return to class. Formal re-enrolment is required.

Q45: What if I cannot return as planned?

If your compassionate or compelling circumstances persist:

Contact your provider before your leave expires
Provide updated evidence of your continuing circumstances
Apply for an extension of leave
Discuss alternative options (withdrawal, course transfer, etc.)

If your circumstances have resolved but you simply do not wish to return:

This is no longer compassionate or compelling
Your visa may be at risk
You should discuss your options with your provider and possibly a migration agent

Q46: What happens if I don't return and don't contact my provider?

If you fail to return from leave without making arrangements:

Your provider may cancel your enrolment for non-attendance
This will be reported to the Department of Home Affairs through PRISMS
Your visa may be cancelled
You may face difficulties obtaining future Australian visas

Always communicate with your provider, even if your plans have changed.

Q47: Can I change courses or providers after returning from leave?

Generally yes, subject to the normal rules on course changes and provider transfers. However:

You must maintain enrolment at the same AQF level or higher (condition 8202)
Transfers to a different provider within the first 6 months of your principal course require a release letter
You need a new CoE from the new provider
Gaps between courses should generally not exceed 2 months

Seek advice before making changes.

E2. Special Circumstances

Q48: What if I am under 18 years old?

If you are under 18:

The cancellation of your CoE does not cancel a Confirmation of Appropriate Accommodation and Welfare (CAAW)
Your provider remains responsible for your welfare arrangements until one of the conditions of Standard 5.6 are met
Refusing to maintain approved care arrangements may be grounds for immediate suspension or cancellation
Your provider has additional duties of care

Discuss any leave plans with your provider and your guardian/carer.

Q49: What if my provider closes or loses registration?

If your enrolment is cancelled due to provider default (the provider closing or losing registration):

You are not at fault
Your visa should not be automatically cancelled
You are entitled to a refund or placement in an alternative course through the Tuition Protection Service (TPS)
While seeking alternative enrolment, your course is considered "not in session" for work purposes
You have full work rights until you secure alternative enrolment and commence the new course

Q50: Can I travel overseas during my leave?

Yes, you can travel overseas during approved leave. However, consider:

Your visa must remain valid for re-entry to Australia
Ensure your return aligns with your approved leave period
Some circumstances (like serious illness) may make travel inadvisable
Extended absence from Australia does not pause your visa validity period
You may need to provide evidence of your travel if your circumstances were overseas-related (e.g., natural disaster in home country)

Q51: What happens to my OSHC during leave?

Your Overseas Student Health Cover (OSHC) requirements continue even during leave:

You must maintain OSHC while on a student visa in Australia
If your leave extends your course, ensure your OSHC covers the extended period
Some OSHC providers allow you to pause cover if you leave Australia, but this is not automatic
Contact your OSHC provider to discuss options

Q52: Does leave affect my pathway to other visas (e.g., Temporary Graduate visa)?

Potentially. The Temporary Graduate visa (subclass 485) requires you to have completed an eligible qualification. Extended leave may:

Delay your completion
Affect the currency of your qualification for skilled occupation purposes
Require you to hold a valid student visa at the time of application

If you are planning to apply for post-study visas, consider how leave might affect your eligibility and timing. Seek advice from a migration agent.

PART F: SUMMARY TABLES

F1. Grounds for Leave

Circumstance	Likely Qualifies?	Evidence Required
Serious illness or injury	Yes	Medical certificate stating unable to attend
Bereavement (close family)	Yes	Death certificate where possible
Natural disaster in home country	Yes	News reports, government advisories, travel records
Political upheaval requiring emergency travel	Yes	News reports, government advisories, travel records
Serious accident (involved/witnessed)	Yes	Police report, hospital records
Victim of serious crime	Yes	Police report, psychologist report
Prerequisite unit unavailable	Yes	Correspondence with faculty, academic records
Failed prerequisite, no units available	Yes	Academic transcript, faculty confirmation
Mental health condition affecting study	Likely	Psychologist/psychiatrist report
Severe unexpected financial hardship	Possibly	Bank statements, evidence of cause
General stress or fatigue	No	N/A
Wanting a holiday	No	N/A
Wanting to work more	No	N/A
Homesickness	Unlikely (unless severe)	Psychologist report
Relationship breakdown	Unlikely (unless severe)	Counsellor/psychologist report

F2. Work Rights Summary

Situation	Work Limit	Course Status
Enrolled, course in session	48 hrs/fortnight	In session
Official vacation period	Unlimited	Not in session
Approved leave (compassionate/compelling)	Unlimited	Not in session
Reduced study load (approved)	48 hrs/fortnight	In session
Between courses (gap < 2 months)	Depends on circumstances	Check with DHA
Course completed, visa still valid	Unlimited	Not in session
Waiting for course to start	Cannot work	Not yet commenced

F3. Visa Impact Summary

Deferral Reason	Visa Status	Notes
Genuine compassionate/compelling	Protected	Must be properly recorded in PRISMS
Student's own conduct	At risk	May be cancelled
Non-genuine reasons	At risk	May be cancelled
Circumstances ceased but not returned	At risk	May be cancelled
Fraudulent evidence	Will be cancelled	Serious consequences

F4. Appeal Rights Summary

Situation	Internal Appeal	External Appeal	Provider Must Wait
Misbehaviour	Yes (20 working days)	Yes	Internal only
Non-payment of fees	Yes (20 working days)	Yes	Internal only
Course progress breach	Yes (20 working days)	Yes	Both internal AND external
Attendance breach	Yes (20 working days)	Yes	Both internal AND external
Health/wellbeing risk	Yes (after action)	Yes	No—can act immediately

PART G: KEY CONTACTS AND RESOURCES

Q53: Where can I get help?

Need	Contact
Leave application process	Your provider's International Student Adviser
Academic matters	Your faculty/school student services
Visa questions	Department of Home Affairs (131 881)
Migration advice	Registered Migration Agent (search at mara.gov.au)
Complaints about provider	Commonwealth/State Ombudsman
Tuition protection (provider default)	Tuition Protection Service (tps.gov.au)
Mental health support	Your provider's counselling service; Lifeline (13 11 14)

Q54: What are the key legal sources?

Source	Content
National Code 2018	Standard 9 (deferral, suspension, cancellation)
ESOS Act 2000	Legislative framework for international education
Migration Regulations 1994, Schedule 8	Visa conditions (8105 work limits, 8202 enrolment)
Migration Act 1958	Visa cancellation powers (section 116)
Provider policies	Specific procedures for your institution

Disclaimer

The Department of Education provides general information and assistance to registered providers and overseas students on the National Code and the Education Services for Overseas Students Act 2000.

However, such information or assistance should not be relied on as legal advice or as a substitute for legal advice. Overseas students and education providers should seek independent legal advice as appropriate.

This Q&A document is current as of January 2026. Immigration law and education regulations change frequently. Always verify current requirements with your education provider and the Department of Home Affairs.

End of Document

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