Types of Laws
The student counsellor should be aware of the main types of laws which may affect international education in the destination country.
Education Laws
Most countries have laws and regulations governing their domestic education systems. These education laws can vary considerably in structure and terminology in different countries. However, they often tend to have similar functions, in particular to mandate:
- The structure and aims of the education system
- A framework or system of qualifications
- The governance and funding of the education system
- Provision of a public education system
- Regulation of private education
- Accreditation and registration criteria.
International education may be covered by stand-alone laws or provisions added to domestic laws. In either case, functionally such laws usually regulate:
- A code of practice and quality standards for institutions providing international education
- The handling of student funds and financial probity
- Management systems for handling international students
- Student support services for the particular needs of international students
- Criteria for registration for student visas
- Conditions for the use of agents and international marketing
- Recording and reporting requirements.
Immigration Laws
Although the details vary from country to country in general, immigration laws function to control the movement of people across national borders, the issuance of visas for entry into the country, and the requirements for visa holders while in the country.
Of main concern to student counsellors are the laws and regulations relating to student visas. These usually stipulate:
- The types of student visas which can be issued and the conditions for issuing them
- The rights and responsibilities of student visa holders
- The requirements for education institutions which enrol student visa holders.
Student visas are examined in A5 Student Visas.
Consumer Protection Laws
Consumer protection laws function primarily to regulate commercial practices to prevent unfair trade practices or dishonest conduct towards consumers of products or services. International students generally have the same protection under these laws as domestic consumers. In addition, international students may be specifically protected by registration conditions, codes of practice, or quality standards required of education institutions which accept international enrolments.
The strength of consumer protection laws varies in different countries. To be effective, they should specify legal mechanisms for handling consumer complaints and rectification of any breaches, as well as entail strong penalties for violation of their rules of conduct. In general, destination countries with strong registration conditions and quality standards will also tend to have strong consumer protection.
It is important for the student counsellor to understand the level of consumer protection for international students in each destination country. His/her advice regarding the relative risk of being swindled may be crucial in the choice of study destination.
Business Laws
In addition to laws regulating education, education institutions must comply with their country’s business and financial laws. The range and strength of the laws governing business can vary not only between countries but also with changes in government within a country. Some countries regulate business intensely, while others may have a more laissez-faire approach.
Compliance with business laws is ordinarily a prerequisite for registration of education institutions. Various business laws may function to regulate all aspects of the operations of a business, including:
- Structure and management systems and practice
- Financial control and probity
- Buildings, premises, and equipment
- Contracts and licences
- Personnel and industrial relations
- Production, marketing, and sales
- Warranties and after-sales service.
Financial laws are designed to ensure that money and financial assets are accounted for honestly and with integrity. Their functions are to prevent fraud and theft, circumvent dishonesty and unfairness, and regulate financial practices. Their range and effectiveness vary in different countries.
The student counsellor should be aware of each destination country’s approach to business and financial regulation and its effect on the quality of education institutions and the security of student funds. Note that destination countries with effective business and financial laws will also tend to have strong consumer protection. This may be an important point for many students who value financial security.
Other Laws
Within destination countries, there may be a range of other laws which may affect international students and education institutions either directly or indirectly. These laws may be quite strong in some countries, and quite lax in others.
Privacy laws are found in many countries. Privacy laws relate to the control and use of personal and business information. They are generally designed to prevent unauthorised access to or use of information about a person or group, and any other invasion of their privacy.
Various kinds of anti-discrimination laws are found in different countries. Their function is to prevent discrimination based on untrue or unfair stereotypes of people, and in some jurisdictions to promote positive discrimination towards minority groups.
Health and safety laws may apply to all sectors of society and business. These laws function to prevent risks to health and safety. Note that the perception of risk and hence the range and strength of health and safety laws varies greatly in destination countries.
Extension Questions: For each relevant destination country:
- What are the main laws which may apply to international students?
- What are their features?
- How do they affect students?
- How do they affect the student counsellor?