Legislative requirement for CRICOS providers to submit renewal applications at least 90 days before registration expiry

23 July 2019

The Education Services for Overseas Students (ASQA Registration Renewal Application Period) Determination 2019 commenced Friday 19 July 2019.

It is now a requirement of the Education Service for Overseas Students Act 2000 (ESOS Act) that, at least 90 days before their registration expiry date, ASQA-registered Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) providers must:

apply to ASQA to renew their registration
have paid all associated application fees.

In February 2019, ASQA shared the draft determination and sought comment from the sector. ASQA received a number of public submissions, all in support of the proposed determination.

What does this mean for CRICOS providers?

The new determination simply formalises ASQA’s existing requirement for renewal applications to be lodged and paid for at least 90 days prior to a provider’s expiry date. As the majority of providers already meet this requirement, ASQA expects there to be minimal impact on the sector.

However, it is important for all ASQA-registered CRICOS providers to understand the implications of not submitting applications before this 90-day deadline. Please ensure you read and understand the information below.

Managing your CRICOS renewal

As a CRICOS provider, you must:

ensure you have an up-to-date and monitored email address listed for your principal executive officer so that you receive ASQA reminder emails
make sure you know your correct expiry date as listed in asqanet—check in asqanet when your CRICOS registration for ASQA-regulated courses is due to expire (if you are also registered to deliver school or higher education courses, your asqanet expiry date may differ to your expiry date on PRISMS)
at least 90 days before your expiry date as listed in asqanet:
- submit a complete application to renew your CRICOS registration
- pay the full application fee (as shown on your invoice).

Implications of not submitting CRICOS renewal applications

What happens if a CRICOS provider does not submit an application by the 90-day deadline?

After the 90-day deadline has passed, you will not be able to submit a renewal application in asqanet.

If you have not submitted your renewal application before the 90-day deadline, in most cases ASQA will not allow lodgement of a late application. If you miss the 90-day deadline, you may write to ASQA and request to submit a late application. ASQA will consider whether exceptional circumstances apply that justify allowing a late application.

If you have submitted your renewal application but not paid the full application fee before the 90-day deadline, in most cases ASQA will notify you that your application will not be accepted.

Can a provider’s registration be renewed after the expiry date has passed?

No—if your asqanet expiry date has passed, unless a fully paid application has been submitted beforehand, your CRICOS registration cannot be renewed under any circumstances.

In this situation, the provider cannot commence delivery to any new students but the ESOS Act allows teach out of students who had commenced their courses prior to expiry.

However, students who had commenced VET courses may only continue to teach out while the provider still holds RTO registration for those courses. If the provider’s RTO registration has also expired, all delivery must cease to all students undertaking VET courses.

Overseas students who had commenced English Language Intensive Courses for Overseas Students (ELICOS) prior to the provider’s CRICOS expiry may continue to teach out regardless of whether the provider holds RTO registration.