Closely Related Courses Viewed Narrowly by DIAC

Paragraph 885.211(2)(b) [for the Subclass 885 Skilled – Independent] states:

(b)      each degree, diploma or trade qualification used to satisfy the 2 year study requirement is closely related to the applicant’s nominated skilled occupation.

Anecdotal evidence is suggesting that DIAC is taking a tight view of what is ‘closely related’. In the past students doing a trade course and a business degree would have worked to meet the 2 year study rule. Now such a combination is not being regarded as ‘closely related’.  The writer has taken a decision on this point to the MRT to argue that a trade course and a business degree are closely related for that applicant because the applicant wants to use her trade qualification to set up a business in that trade.  But the decision to refuse the visa was based on the PAM which states:

12      STUDY & NOMINATED OCCUPATION MUST BE CLOSELY RELATED

12.1      Purpose

The intention of the ‘closely related’ criterion throughout 885.211 is to support the policy objective that skilled migrants be “job-ready” for the Australian labour market and make a positive contribution to the Australian economy and society as soon as possible.

 12.2      Closely related

Clause 885.211 provisions require the completed Australian qualification/s (or, for Trade Skills Training visa holders, their completed apprenticeship), to be ‘closely related to’ the applicant’snominated skilled occupation.

The ‘closely related’ requirement is to ensure that applicants have qualifications compatible with their nominated skilled occupation. Under policy, the critical factor in determining whether a qualification is closely related to the nominated skilled occupation is whether the skill set/s underpinning the qualification/s are complementary and can be used in the nominated occupation, in terms of both subject matter and the level at which those skills were obtained.

Under policy, circumstances of a qualification not being ‘closely related’ to the nominated occupation include where the qualification is not related to the nominated skilled occupation – for example, an applicant’s nominated occupation is registered nurse but they satisfied the 2 year study requirement on the basis of having completed a Bachelor of Commerce.

Another instance in which policy does not consider qualifications to be ‘closely related’ to thenominated occupation is where the level at which the skills were obtained is inconsistent withthe level at which the applicant is skilled to work:

Example:

The applicant met the 2 year study requirement on the basis of having completed a Certificate III in Furniture Making and a Masters of Information Technology. Although basic IT skills are generally applicable to most occupations, the high level skills gained by completing a Masters course is inconsistent with the skills that would be useful on a day to day basis as an entry level tradesperson (for a nominated skilled occupation of cabinet maker, as example).

12.3      Acceptable combinations

The following are examples of acceptable combinations of study and nominated occupation:

•      An applicant who nominates Pharmacist as their skilled occupation and completes a Bachelor of Pharmacy in Australia.

•      An applicant who nominates Electrical Engineer as their skilled occupation and has completed a Bachelor and Masters of Engineering in Australia.

•      An applicant who nominates Pastry Cook as their skilled occupation and has completed a Certificate III in Patisserie & Certificate IV in Commercial Cookery in Australia.

•      An applicant who nominates Archivist as their skilled occupation who has completed a Graduate Diploma in Information Management and an Associate Diploma in Computer Science in Australia.

•      An applicant who nominates Graphic Designer as their skilled occupation and has completed an Advanced Diploma of Arts in Graphic Design and a Diploma of Business.

12.4      Double degrees

Completion of a double degree it is a strong indication (though not conclusive) that the courses are closely related to one another and that the skills could be used together in a range of occupations. For example, if an applicant has completed a Bachelor of Commerce/Law andnominated Accountant as their occupation, this would meet the closely related test, as skills in reading and interpreting tax and other financial law would be directly relevant to working as an Accountant.

12.5      Translators/interpreters

If an applicant nominates Translator or Interpreter as their skilled occupation but the qualification/s they completed in Australia is not a translating/interpreting qualification, under policy the study is still ‘closely related’ provided the Australian qualification had an “international” element – for example, if the applicant satisfied the 2 year study requirement on the basis of having completed a diploma in tourism or a degree in international business.

It looks like some cases will have to make it through to the courts to work out what ‘closely related’ means.  The writer’s view is that business degrees in particular are always closely related to other qualifications if the applicant aims to set up a business based on the other qualification.  The writer’s view is that closely related means that the qualifications build on each other to enhance the skills of the applicant.  What of a Science/law double degree?