Australian visas seem to be complicated and hard to understand.

When it comes to Australian visas there are many things that seem to be complicated and hard to understand for a normal human being. No wonder the Australian migration law is often referred to as world's one of the most complex migration laws and when it comes to permanent residency there are many rules which are not as simple as they sound like the 2 year study requirement for skilled visas. Over the last two years the components of this particular rule have been changing frequently which have created a lot of confusion in the minds of overseas students who are willing to become a permanent resident and have to satisfy this criterion.

It has been indicated in the Australian migration law that this rule was mainly introduced so that the future residents of Australia can gain Australian qualifications that are valued and recognized by the Australian employers. The two years of study, even if fast tracked, must not be completed in less than 16 calendar months so that the future residents can gain valuable experience and understanding of the Australian culture, system, and values. These together will help them in securing a future employment and gives them knowledge on how things work out in Australia and helps them to make efficient plans for the future.

A person may chose to undertake studies at one or more education providers, but any studies undertaken must result in an award like a degree, diploma, or trade certificate. A degree, obviously, can be a bachelors or masters; a diploma may be an associate diploma or advanced diploma, but when it comes to certificates, one must know that a certificate I or II in any discipline cannot be accepted. It has to be certificate III and upwards and has to be a trade related qualification (for example a certificate IV in business is not a trade related qualification but a certificate III and IV in hairdressing is a trade qualification). This does not mean certificate IV or diploma in business is useless, it can still be used in conjunction with a trade qualification to fulfill two year study requirement in some occupations. A certificate in business alone does not qualify for any trade related qualification.

Any course or qualification undertaken with a view to fulfill the two years study requirement must be registered with the CRICOS to be a valid study for this purpose.

When changing education providers people often get confused that what will happen to the part course they have already completed at their present institution. If you are moving into a similar course from one provider to another than the course units successfully completed are generally recognized by the new provider and you don't have to go through that again if your new provider gives you credit for units already completed. This is only possible if the units already completed are also a part of the new course. If one undertakes some study in hospitality and then changes the course to hairdressing than a credit for previous studies may not be possible because these both are two different areas of study and units may not be same.

It is also important that whatever units are completed at any institution must be a part of a course registered with CRICOS. If you chose to study some units from a different provider and their course is not registered with CRICOS than no recognition can be given for that study to fulfill this requirements.

The total registered period of study of one or more courses must result in minimum 92 weeks to be considered as two years. For example one may chose to do two different qualifications of a course at two separate providers, one of the course is registered for 50 weeks and the other one is registered for 46 weeks than if both combined together it becomes 96 weeks which is more than 92 and thus satisfy the two year study period. But, a course or courses which are registered for total of less than 92 weeks cannot be counted as two years and hence do not fulfill the requirement.

Any course or qualification gained must have been in no less than 16 calendar months. Many people chose to fast track their course by enrolling in the summer or winter semesters, when electing to do so one must keep in mind that even if the course(s) is registered for more than 92 weeks, the actual study period cannot be less than 16 calendar months to be considered as two years of study. In a similar way one cannot artificially extend the study period. For example if you are studying in a course which is only 78 weeks/1.5 years a duration and you fail a few subjects and it took you 2 years to complete the course than it does not mean you have fulfilled the two year requirement. The actual course was registered for 78 weeks so even if you complete it in two years it will not be counted as two years of studies as it has to be registered for more than 92 weeks as well.

While undertaking a course with a view to fulfill requirements of a skilled visa you must be on a valid visa that allows you to study in Australia. If you type of visa prohibits you from studying and you still undertake any study than it cannot be taken as valid to fulfill the requirements of a skilled visa.

It is always advised to seek professional advice when it is about your future and life's biggest decisions as one shall succeed only with proper planning and implementation.

Amit Singh

MARN 0848288

My Visa Expert

Ph: 0425 801 312