The role of agents in the waiver

Nominating agents for waiver-ready status

For the purposes of the waiver, education providers may nominate one or more of their agents to be considered for direct access to the waiver on the provider’s behalf.

Nominated agents are assessed against benchmarks and other requirements set out in the migration legislation. An agent who reaches or surpasses the benchmarks is a waiver-ready agent when recruiting students for any education provider that has nominated that agent.

Benchmarks and other requirements

An education agent is waiver-ready when acting for a particular education provider if

• the student’s proposed education provider has nominated the agent to represent the provider

• the agent and the education provider have a written agreement under which the agent represents the provider

• the agent lodged at least 10 visa applications by PRC Schools sector visa applicants in the previous financial year (eg in assessing eligibility for the 2006/2007 waiver year, the Department will consider the number of applications lodged by the agent in the 2004/2005 financial year)

• at least 70% of applications lodged by the agent for PRC Schools sector visa applicants, and decided in the previous financial year, resulted in the grant of a Schools sector (subclass 571) visa

• the agent agrees to give the education provider information, each month, about

  • the number of applications that the agent lodges that were made by PRC Schools sector visa applicants who have been offered a place in a principal course provided by the provider

  • the results of those applications

• the agent agrees to Immigration giving the education provider information about

  • the number of applications that the agent lodges that were made by PRC Schools sector visa applicants (including applicants who were offered a place in a principal course provided by the provider)

  • the results of those applications.

Accessing the waiver with waiver-ready status

If a nominated education agent meets the benchmarks and other requirements set out in the migration legislation, that agent is a waiver-ready education agent. That agent’s PRC student clients may then access the waiver without a separate letter of support from the proposed education provider.

A waiver-ready agent only has that status when assisting student visa applicants who seek to study at a provider that has nominated the agent. The agent is not waiver-ready for any education provider that has not specifically nominated that agent.

Accessing the waiver without waiver-ready status

If an education agent does not have waiver-ready status or lodges a visa application for a student applying to study at an education provider that has not nominated the agent, the agent and student visa applicant do not have direct access to the waiver.

In this case, the visa application must be accompanied by a letter from the education provider supporting waiver of the English language test requirement for the individual student.
See also: Schools sector English proficiency test requirement > Accessing the waiver – visa applicants in the PRC

Validity of waiver-ready status

Education agents who have waiver-ready status generally carry that status for 12 months from 1 April of each year.

The fact that an education agent has waiver-ready status does not constitute any form of approval or endorsement by Immigration. If any claims are made that this education agent is Immigration-approved, especially if used to commercial advantage, this may impact on the continuing eligibility of the agent to satisfy the waiver criteria.

Submitting nominations to Immigration

To nominate an agent to be considered for waiver-ready status, an education provider must complete the form Details of nominated education agent and send it to

The Director
Student Policy and Analysis Section
DIAC
PO Box 25
BELCONNEN ACT 2616

All completed nomination forms must be sent to this address. Immigration will consider all nominated education agents against the benchmarks. It will then advise the nominating education provider in writing of the status of each nominated education agent.
See: Form 1216 Schools sector - English proficiency, details of nominated education agent (71KB PDF file)

Nominating an education agent for waiver-ready status - process

Step 1	Education provider submits completed form Details of nominated education agent
Step 2	Immigration assesses nominated education agent against benchmarks and other requirements See: Benchmarks and other requirements
Step 3	Immigration advises nominating education provider of outcome.
Step 4a	Waiver-ready agent lodges visa applications for PRC students to study at nominating education provider. See: Accessing the waiver with waiver-ready status
Step 4b	Agent without waiver-ready status lodges visa applications to study at education provider with letter of support for individual student visa applicant. See: Accessing the waiver without waiver-ready status

Return to: Introduction of Schools sector English language test requirement (assessment level 4)