Points for Australian Study

Just obtaining an undergraduate degree will ordinarily not be enough to achieve the 120 points required for the permanent residence visas. The applicant will have to find points elsewhere.  Note that the ‘2 year study requirement’ and the points test are necessarily legally related.  The ‘2 year study requirement’ is only relevant for the onshore GSM visas and/or for seeking a waiver of the work experience criterion.

Hence there would be situations where a person could obtain the ‘Australian Educational Qualifications’ points outside the 2 year study rule.

One way of obtaining the extra points is obtaining a doctorate in these terms under item 6B61:

The applicant has met the requirements for award of a doctorate by an Australian educational institution as a result of a course of study of at least 2 academic years:

(a)        undertaken while the applicant was present in Australia; and

(b)        for which all instruction was conducted in English

Another is to obtain a Master or honours degree in terms under 6B62.

The applicant has undertaken study for a period totalling at least 3 academic years, while being in Australia, during which the applicant:

(a)met the requirements for award of a masters degree or an honours degree (2nd Class (Division 1) level or above), by an Australian educational institution as a result of a course of study of at least 1 academic year; and

(b)met the requirements for award of an undergraduate degree, which is closely related to the masters degree or honours degree mentioned in paragraph (a), by an Australian educational institution as a result of a course of study of at least 1 academic year:

(i)         undertaken while the applicant was present in Australia; and

(ii)for which all instruction was conducted in English

6B63

The applicant has met the requirements for award of an undergraduate degree with honours (second class (division 1) or above) by an Australian educational institution as a result of a course of study of at least 3 academic years:

(a) undertaken while the applicant was present in Australia; and

(b)for which all instruction was conducted in English

And then there is 5 points for meeting 6B64:

The applicant satisfies the 2 year study requirement

Some points need to be made.  The phrase ‘full-time’ is not found in either the definition of the ‘2 year study requirement[1]‘ or the points criteria for the ‘Australian Educational Qualifications’. Of course to hold a student visa one has to be enrolled in a ‘course of study’ which is defined as‘full-time registered course of study’[2].

The ‘2 year study requirement’ uses the term ‘course’ NOT ‘course of study’. It only requires the completion of one or more ‘degrees, diplomas or trade qualifications for award by an Australian educational institution’ .  This could be achieved over a longer period of 2 years on a part-time basis.  The writer has found nothing in PAM

But there may be circumstances where a visa applicant is not a full time student but still achieves a Masters or otherwise meets the equivalent of 2 years of academic study.

Here are some extracts from the PAM3: Div1.2/reg1.15F – 2 year study requirement:

3.2      Study not resulting in a degree, diploma or trade qualification cannot be considered

GSM applicants who undertook an enabling course or bridging programs as a prerequisite to commencing their degree, diploma or trade qualification cannot count that course or program towards meeting the 2 year study requirement.

Additional subjects undertaken that do not contribute to the award of a degree, diploma or trade qualification also do not count towards meeting the 2 year study requirement.

3.3      Changing courses

If the GSM applicant enrolled in one course of study and after a semester changed courses, the original study counts only if it resulted in the award of a qualification.

For example, if they enrolled in a Bachelor of Nursing and after a semester changed and enrolled in a Bachelor of Science, but were given credit for their Nursing studies, that semester of study counts. If, however, they enrolled in a Bachelor of Nursing and after a semester changed and enrolled in a Bachelor of Commerce and no credit was given for the initial study, that semester of study does not count.

3.4      Changing institutions

All study that meets the requirements in regs 1.15F(1)(a)-(d) and results in the award of a degree, diploma or trade qualification counts towards meeting the 2 year study requirement.

This means that if a GSM applicant enrolled in a Certificate IV with one provider and after 6 months relocated and completed their Certificate IV with another provider, who gave them credit for their original 6 months of study, the study undertaken with both providers counts towards meeting the 2 year study requirement.

4      MAY MEET REQUIREMENT AS A RESULT OF MORE THAN ONE COURSE

The 2 year study requirement does not require GSM applicants to have completed a single course of study of 2 years duration. They may use study undertaken to complete more than one degree, diploma or trade qualification to meet the 2 year study requirement.

In this instance, the courses of study need not have been undertaken within a 24 month period. It is possible to have a break between completing the first course and commencing the second.

7      TWO ACADEMIC YEARS

7.1      Period of actual study

In considering whether a GSM applicant completed at least 2 academic years study, case officers should be aware that the intention is that the applicant have successfully completed the equivalent of 2 years study at 100% of the full-time load, without benefit from credits, recognition of prior learning (RPL) and/or recognition of work experience that would allow a reduction in the amount of study undertaken.

Case officers should first consider the standard duration of the applicant’s course/s as registered on CRICOS[3].

In the simplest cases, where a person does not have any RPL:

•      if they are using a single course to meet the 2 year study requirement, the course must have a registered duration of at least 92 weeks or

•      if they are using more than one course to meet the 2 year study requirement, the courses must have a total registered duration of at least 92 weeks.

 7.2      RPL and university studies

Where a GSM applicant enrolled in a university course and received credit from earlier studies, case officers should compare the standard duration of the course registered on CRICOS and the number of credit points that were necessary to complete the full course, to determine how many credit points the applicant needed to successfully complete in 2 academic years in that course.

For example, if a GSM applicant enrolled in a Bachelor course with a standard duration of 3 years that comprised 48 credit points, they would have completed 2 academic years study when they completed 32 credit points.

7.3      RPL and vocational education and training (VET)

Where an applicant enrolled in a VET course and received credit from earlier studies, case officers should compare the standard duration of the course registered on CRICOS and the applicant’s Confirmation of Enrolment to see how an institution considered the reduction in the amount of study would impact upon the duration of the person’s enrolment.

7.4      Study load cannot be artificially extended

As 2 years academic study is a measure of the amount of study successfully completed, not the length of time taken to complete the study, GSM applicants cannot artificially extend their study in order to satisfy regulation 1.15F(1)(c).

For example, GSM applicants who enrolled at less than 100% of a full-time load and, as a consequence, took 2 years to complete a course with a registered duration of 78 weeks, have not completed 2 academic years study. These applicants have completed only 1.5 years academic study – they have extended the duration of their studies but not the amount of study undertaken.

Similarly, persons who, as a result of RPL, fall one subject short of completing 2 academic years cannot fail a subject with the hope of counting the same subject twice. Only study successfully completed counts towards the 2 academic years study. In the same way that an educational institution does not give credit for failed subjects, they do not count for GSM visa purposes.

9.2      Online study

It is intended that study be undertaken on campus in Australia. While changes to the ESOS Act in July 2007 mean that overseas students can study up to 25% of their course online, GSM applicants must have been physically present in Australia for study to count towards meeting the 2 year study requirement.

If an applicant took advantage of the ability to study online to return home or travel, that time will not be counted as it does not contribute to the 2 objectives of the 2 year study requirement.

The writer’s opinion is that nothing stated above would prevent a person studying the totality of a registered course by external study (if that was permitted by the course).

Study legally undertaken while holding visas other than student visas, in a part-time capacity, in the writer’s opinion would count for the ‘2 year study requirement’ provided the student did the equivalent of 2 academic years of study (based on the ordinary full time load as defined by the institution).

[1] Reg 1.15F

[2] Reg 2.26B(7A)

[3] CRICOS stands for the ‘Commonwealth Register of Institutions and Courses for Overseas Students’ & is found at http://cricos.dest.gov.au/