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Australian Study Requirement: Two Years of Study as Defined

danyan2001usdanyan2001us Melbourne, AustraliaPosts: 2,536Member, Moderator
Guys want to share with you this explanation regarding the Australian study requirement kasi ito yong isa sa mga requirements para makagain ng points to apply for permanent residency.:
-----------------------------------------------------------------------------


The Australian Study Requirement (ASR): Part I

The term Australian Study Requirement (ASR) pops up in a number of migration regulations regarding General Skilled Migration (GSM) visas. It is often a important component of the GSM system for many visa applicants want to meet this definition to gain much needed points or to even to be eligible to apply for certain visas such as the Graduate Work Stream (Subclass 485) visa.

This week we will offer a series of editions which will provide an insight into the separate guidelines that case officers use to judge whether the ASR is met or not. There is simply too much information to pack it all into a single volume of IMMIGRATIONews.

The meaning of the ASR is defined in the law;

(1) A person satisfies the Australian study requirement if the person satisfies the Minister that the person has completed 1 or more degrees, diplomas or trade qualifications for award by an Australian educational institution as a result of a course or courses:

(a) that are registered courses; and

(b) that were completed in a total of at least 16 calendar months; and

(c) that were completed as a result of a total of at least 2 academic years study; and

(d) for which all instruction was conducted in English; and

(e) that the applicant undertook while in Australia as the holder of a visa authorising the applicant to study.


So what is a degree, diploma or trade qualification?

Australia uses what is called the Australian Qualification Framework or commonly referred to as the AQF standards. You may knock yourself out later reading all about them on the link provided.

It is important to understand the AQF system because it is only study in Australia that results in the completion of a degree, diploma or trade qualification that can be counted towards meeting the Australian study requirement. In general, a Degree includes a bachelor and any higher degree and a Diploma includes associate and advanced diplomas. Trade qualifications must be at least of a Certificate III level as far as our international visitors are concerned, because you would not be able to enroll in and complete an apprenticeship or training program which can also result in a trade qualification. Have a read through the link provided above for more details regarding the immigration departments defines as these qualifications.

The award of an associate degree meets the definition of 'Diploma'.

Most applicants strike trouble in meeting the ASR when they try and use a completed Certificate II in any discipline, or a Certificate III or IV in a discipline other than a trade (for example a Certificate IV in Marketing), or a Graduate Certificate. These qualifications cannot be used individually to meet the ASR.

However in a combined joint study program which is what the DIBP calls "nested or packaged courses" within the same education provider, it is possible to combine lower certificates that may lead to a higher award.

For example is a person has completed a Certificate I, II, III and IV, which then led to the completion of a Diploma. These lower certificate level courses may be counted as a "package", being the completion of the Diploma.

If a student completed a Certificate I, II and III in Marketing, then moved to a new education provider to complete Cert IV and Diploma in Business, then such a situation would not be considered as "packaged". The time spent studying the lower certificates at the first provider may not be counted towards the ASR.

In another example where a student completes a Graduate Certificate (single semester) at University X and then moves to University Y to complete a 3 semester Masters, this also may not be considered "packaged" and possibly not meet the ASR.
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Source: Australian Immigration News

primary applicant- wife
arrived melbourne- July 28, 2010

Comments

  • leelouleelou Quezon City
    Posts: 109Member
    Joined: Mar 26, 2015
    Thanks for this info Kuya Dan
  • danyan2001usdanyan2001us Melbourne, Australia
    Posts: 2,536Member, Moderator
    Joined: Nov 14, 2012
    Thanks for this info Kuya Dan
    YW sis at ito pa additional info about that required 92 weeks:
    ------------------------------------------------------------

    Australian Study Requirement Part. 3

    2 Academic Years of Study

    Yesterday we covered by what is meant by 16 calendar months when it comes to meeting the Australian Study Requirement (ASR).

    Today we look at one other important component, what is meant by 2 Academic years of study.

    The law stipulates that the Australian qualification being put forward as evidence to meet the ASR must be "completed as a result of a total of at least 2 academic years study".

    What then is an "academic year"?

    Back in May of 2009, the then Immigration Minister, Chris Evans, published a document that defined an academic year as "is at least a total of 46 weeks, being the duration of a course or courses registered under s 9 of the Education Services for Overseas Students Act 2000."

    In that same document he went of to write that two academic years was 92 weeks and three academic years was 138 weeks. Not that this was really neccessarry for we can add 1+1+1 =3.

    Registered course?

    Firstly, it is a fundamental requirement of the Education Services for Overseas Students (ESOS) Act 2000 that only registered providers can offer education services to persons in Australia on a Student visa. Such a course would meet the requirements of the ASR. There may be circumstances for where someone is trying to meet the ASR to claim points on the GSM system but they have studied a non CRICOS registered course whilst on a visa other than a student visa, but this would be very rare. Most of you would have studied in Australia on student visas so you have nothing to be concerned about.

    On the off chance that perhaps you completed your Bachelor Degree whilst as a dependent on your family's 457 visa (example), then you would nee to check that the course is registered under CRICOS. You can do this by checking on the CRICOS web site.

    What also is important to note is that whatever visa you have completed the course on, it must be on a visa that had permission to study.

    92 weeks

    There have been some significant changes to the issue of how the 92 weeks are calculated.
    An applicant can meet the 2 academic years requirement on the basis of as much RPL as the educational institution conducting the course allows. This could include study done previously overseas and/or in Australia.

    The law only requires a person to show that they have completed a course or courses that are CRICOS registered, it does not require the person to show that they have completed the usual or normal or approved full time workload of that course.

    Two Examples

    Jim completes a one year Masters degree in UNSW. It was a course registered for 52 weeks. Jim is about to begin his next one year Masters degree at UTS. Jim applies for RPL based upon his Masters at UNSW. UTS gives Jim 2 subjects credits from his UNSW course. Jim then completes this one year Masters 52 week CRICOS registered course.
    Jim has completed two CRICOS registered courses which cover the minimum 92 weeks necessary for the ASR.

    Jane enrolled into a 2 year Masters program at RMIT. Previously overseas she has completed a Masters degree of similar subject matter. On the basis of her overseas qualifications Jane is given 4 units exemptions. This means Jane can finish just 12 units of study to qualify for the award of her 16 unit Masters.
    Since Jane has completed a 2 year CRICOS registered program in Australia she can meet the ASR requirement regarding 2 academic years of study.

    In Jane's case she began her course on the 1st July 2014 and recently completed on the 1st December 2015. This means she will also meet the 16 calendar month requirement of the ASR since her it has taken her 17 months of study.

    Multiple Courses?

    It does not matter how long the time gap is between courses studied in Australia. For example there may be a 15 year gap between completing the courses to be acceptable for the ASR. There is no requirement for the courses to be consecutive. However the 16 calendar month requirement must be met and this means looking at two different completion letters (or more), one for each course, and determining if the time period studied is sufficient.
    ------------------------------------------------------------

    Source: Australia Immigration News

    primary applicant- wife
    arrived melbourne- July 28, 2010

  • eunofficialeunofficial Cebu
    Posts: 127Member
    Joined: Feb 18, 2016
    @danyan2001us Hi. So it possible to study for 1 or so then work full time. Save money then study again for another year?
  • danyan2001usdanyan2001us Melbourne, Australia
    Posts: 2,536Member, Moderator
    Joined: Nov 14, 2012
    @danyan2001us Hi. So it possible to study for 1 or so then work full time. Save money then study again for another year?
    No one is allowed to work full time here while on student visa ( except when you are enrolled in a cricos course and it's holidays)

    primary applicant- wife
    arrived melbourne- July 28, 2010

  • eunofficialeunofficial Cebu
    Posts: 127Member
    Joined: Feb 18, 2016
    @danyan2001us EX: Nag enroll ka nang 52weeks na Advanced Diploma, natapos muna ang 52weeks. Since 92weeks nga ang needed for PR. Pwede bang mag work ka muna, tapos pag naka save kana continue ka ulit nang pag aaral po. Pra ma complete mo ang 92weeks na needed?
  • eunofficialeunofficial Cebu
    Posts: 127Member
    Joined: Feb 18, 2016
    Salamat po sa pag sagot. Dami ko kasing tanong po. I am really thankful po na sumasagot ka po.
  • danyan2001usdanyan2001us Melbourne, Australia
    Posts: 2,536Member, Moderator
    Joined: Nov 14, 2012
    @danyan2001us EX: Nag enroll ka nang 52weeks na Advanced Diploma, natapos muna ang 52weeks. Since 92weeks nga ang needed for PR. Pwede bang mag work ka muna, tapos pag naka save kana continue ka ulit nang pag aaral po. Pra ma complete mo ang 92weeks na needed?
    you can't just work without studying since you are on a student visa....immigration will question your intention in staying onshore if that then is the case....worst case scenario, they will send you home since it shows to them that you stay onshore to work (although your intention is to work so as to save money for your next studies)...in that case, they will also question your capacity to provide sufficient funds for any studies in OZ.....

    primary applicant- wife
    arrived melbourne- July 28, 2010

  • eunofficialeunofficial Cebu
    Posts: 127Member
    Joined: Feb 18, 2016
    @danyan2001us: Salamat po sa pag enlighten. I have other question po. Well, lahat naman kami plan talaga ma PR. I am planning kasi to take Advanced Diploma of Hospitality which is a 52week course. As i checked po, yong possible positions nya pagkatapos ko mag study wala sa SOL, instead andoon siya sa CSOL (457 Temporary Skill).

    Once I finished po ba Advanced Diploma of Hospitality, will they allow/give me a chance to find a job na full time na inline sa natapos Ko? Or pag natapos na ang School ko, kailangan ko na umuwi nang Pinas po?

    Please, nag information overload na kasi ako Sir. Isa ito sa pinaka importanteng tanong ko.



    Salamat po!
  • danyan2001usdanyan2001us Melbourne, Australia
    Posts: 2,536Member, Moderator
    Joined: Nov 14, 2012
    @danyan2001us: Salamat po sa pag enlighten. I have other question po. Well, lahat naman kami plan talaga ma PR. I am planning kasi to take Advanced Diploma of Hospitality which is a 52week course. As i checked po, yong possible positions nya pagkatapos ko mag study wala sa SOL, instead andoon siya sa CSOL (457 Temporary Skill).

    Once I finished po ba Advanced Diploma of Hospitality, will they allow/give me a chance to find a job na full time na inline sa natapos Ko? Or pag natapos na ang School ko, kailangan ko na umuwi nang Pinas po?

    Please, nag information overload na kasi ako Sir. Isa ito sa pinaka importanteng tanong ko.

    Salamat po!
    Like for example matatapos ka na dito ng Advanced Diploma course mo, you have the option to look for another course or maybe you want to continue that one to a higher level ( assuming that there is)....while in that stage then you can look for an employer to sponsor you on a 457 visa....yan ang ginagawa ng iba naming kakilala dito...they just continue enrolling on a course so that they can also continue with their jobs sa aged care...

    primary applicant- wife
    arrived melbourne- July 28, 2010

  • charlekilocharlekilo Doha
    Posts: 12Member
    Joined: Nov 24, 2015
    sir Dan! good day! papanu po pag nag conversion program? 1 year conversion program papanu po ang pwede gawin after if matapos ang program . take masters?
  • danyan2001usdanyan2001us Melbourne, Australia
    Posts: 2,536Member, Moderator
    Joined: Nov 14, 2012
    sir Dan! good day! papanu po pag nag conversion program? 1 year conversion program papanu po ang pwede gawin after if matapos ang program . take masters?
    Kung after the program, hindi ka makakita or mkahanap ng magiging sponsor mo then you can continue your stay here by taking another program that would suit your background and need ( like masters). Good luck charlie. And just call me kuya dan hehe, never ka mag sir sa akin. God bless

    primary applicant- wife
    arrived melbourne- July 28, 2010

  • RheaMARN1171933RheaMARN1171933 Posts: 2,764Member, Administrator, Moderator
    Joined: Mar 10, 2016
    @eunofficialbe very careful with your course. Immigration rules change frequently. They also update sol and csol at least every year. Be aware that it is possible na by the time you finish your course, it won't be on the sol or csol anymore. This will not make you eligible for a skilled isa even if you've satisfied the 2 year study requirement.
  • cadburytaste09cadburytaste09 Mandaluyong
    Posts: 9Member
    Joined: Mar 17, 2016
    @danyan2001us kuya dan matanong ko lng kasi ung case ko is 1course with 72weeks or 17months..pasok ba ako sa 16 calendar months?..or i need to take another course..my course is no advance diploma..
  • danyan2001usdanyan2001us Melbourne, Australia
    Posts: 2,536Member, Moderator
    Joined: Nov 14, 2012
    @danyan2001us kuya dan matanong ko lng kasi ung case ko is 1course with 72weeks or 17months..pasok ba ako sa 16 calendar months?..or i need to take another course..my course is no advance diploma..
    hello sis, kindly check with this guide below....if napasok dyan ang course mo then pasok ka sa Australian study requirement:
    _____________________________________________________________________________

    Australian Study Requirement

    The main requirements in meeting the 2 year study requirement are as follows:
    Type of Qualification: You must complete a degree, diploma or trade qualification. Masters, graduate diplomas and PhDs are considered degrees and so may be counted towards the 2 year study requirement.

    CRICOS registration: The courses completed must be on the approved list of courses for international students (CRICOS). There can be issues if your course or educational institution is deregistered prior to completion of your studies.

    Two Academic Years: this is defined as being at least 92 weeks according to the CRICOS registration of the courses. If you have academic exemptions for overseas studies, the calculated period of study credited may be reduced.

    16 Month Duration: the course must take at least 16 months of study in Australia from the beginning of the course till completion.

    English Medium: All instruction must be in English. There can be issues with this requirement in the case of translation/interpreting qualifications.
    Compliance with Visa Conditions: Study must be in compliance with visa conditions to count towards the 2-year study requirement. This will not in general be an issue if you are studying in Australia on a student visa, but could be an issue if you are studying on a visa with restricted study rights.

    Source:Acacia Immigration News
    -------------------------------------------------------------
    Hope that helps...Good luck sis....



    primary applicant- wife
    arrived melbourne- July 28, 2010

  • marchbabymarchbaby Sydney
    Posts: 177Member
    Joined: Aug 29, 2015
    edited April 2016
    @danyan2001us hi kuya may gusto lang ako klaruhin sa ASR, sample situation lang, I took Advanced Dip at School A, course duration is 1.5 years (cricos registered). Then natapos na yung course icocontinue ko ng Bachelors at School B. Normal duration ng degree kay B is 3 years, nagpacredit transfer ako ng previous study ko from School A so lets say instead of 3, 2 years na lang, then nagparecognize dn ako ng previous learning overseas and work experiences related sa course, assume na nirecognize nla so lets say 1.5years na lang kelangan ko to be awarded bachelors. nabasa ko kasi ung overlapping qualification, so pwede po ba yung advanced dip + bachelors (1.5+1.5 total) sa magkaibang provider (both cricos) ang gagamitin to meet ASR? kung bachelor and qualification na iaapply ko makacount pa rin ba yun advanced diploma (na pinacredit) sa 92 weeks? Thanks in advance kuya Dan.

    Life's Little Instruction 1490: "Remember that nothing important was ever achieved without someone's taking a chance."-H. Jackson Brown Jr.

  • danyan2001usdanyan2001us Melbourne, Australia
    Posts: 2,536Member, Moderator
    Joined: Nov 14, 2012
    @danyan2001us hi kuya may gusto lang ako klaruhin sa ASR, sample situation lang, I took Advanced Dip at School A, course duration is 1.5 years (cricos registered). Then natapos na yung course icocontinue ko ng Bachelors at School B. Normal duration ng degree kay B is 3 years, nagpacredit transfer ako ng previous study ko from School A so lets say instead of 3, 2 years na lang, then nagparecognize dn ako ng previous learning overseas and work experiences related sa course, assume na nirecognize nla so lets say 1.5years na lang kelangan ko to be awarded bachelors. nabasa ko kasi ung overlapping qualification, so pwede po ba yung advanced dip + bachelors (1.5+1.5 total) sa magkaibang provider (both cricos) ang gagamitin to meet ASR? kung bachelor and qualification na iaapply ko makacount pa rin ba yun advanced diploma (na pinacredit) sa 92 weeks? Thanks in advance kuya Dan.
    Sorry for my late reply...... Yes you are right..... Citing your example, you already attained the two years ASR. Good luck

    primary applicant- wife
    arrived melbourne- July 28, 2010

  • sammybearsammybear Sydney
    Posts: 84Member
    Joined: Jan 18, 2016
    Hi tanong lang po with regards to 2 years Australian study requirement, tapos na po ako sa nested package na cert IV of business 37 weeks and diploma of business 37 weeks, pasok ba sya sa 16months na nirerequire to get the points?
  • kymmekymme Western Australia
    Posts: 1,284Member
    Joined: Apr 10, 2015
    @danyan2001us hi sir dan. Ask ko lang. I did 1 year bachelor in nursing then im finishing this week my 1 year diploma in leadership and management. Both course took 52 weeks. Mkakaclaim ba ako ng australian Study requirement? Kahit bumaba ako ng course from bachelor tapos ng diploma?

    Registered Nurse Nec

    06/15 - touchdown Oz
    07/15 - start of classes (Bachelor in Nursing)
    05/16 - passed OET (after 4 failed attempts with IELTS and PTE)
    07/16 - finished uni
    07/16 - received AHPRA Australian Registered Nurse rego
    08/16 - student visa 500 (Diploma)
    10/16 - started working as an RN

    07/09/17 - Submitted EOI for State Nom Vic with 60points

    I can do all things through Christ who strengthens me

  • danyan2001usdanyan2001us Melbourne, Australia
    Posts: 2,536Member, Moderator
    Joined: Nov 14, 2012
    kymme said:

    @danyan2001us hi sir dan. Ask ko lang. I did 1 year bachelor in nursing then im finishing this week my 1 year diploma in leadership and management. Both course took 52 weeks. Mkakaclaim ba ako ng australian Study requirement? Kahit bumaba ako ng course from bachelor tapos ng diploma?

    sis i would refer you to these two sources on line hoping that they will be a help to you:
    ------------------------------------------------------------------

    https://www.acacia-au.com/study-in-australia.php

    https://www.border.gov.au/Trav/Work/Work/Allocation-dates-for-General-Skilled-Migration-applications/2-year-study

    --------------------------------------------------------------

    Good luck sis

    primary applicant- wife
    arrived melbourne- July 28, 2010

  • sammybearsammybear Sydney
    Posts: 84Member
    Joined: Jan 18, 2016
    @danyan2001us hi sir, hope you can answer my question too thanks!
  • danyan2001usdanyan2001us Melbourne, Australia
    Posts: 2,536Member, Moderator
    Joined: Nov 14, 2012
    sammybear said:

    Hi tanong lang po with regards to 2 years Australian study requirement, tapos na po ako sa nested package na cert IV of business 37 weeks and diploma of business 37 weeks, pasok ba sya sa 16months na nirerequire to get the points?

    bro if i will based it on the second reference which i mentioned a while ago then yong na achieve mo (certificate studies), hindi siya makapasok bro dahil and namention ay diploma and advanced diploma....anyway i would advice you to consult someboduy else na mas authority on this matter...another thing worthy to mention is that those studies must be closely related to the skill you are nominating in your application...good luck bro

    primary applicant- wife
    arrived melbourne- July 28, 2010

  • sammybearsammybear Sydney
    Posts: 84Member
    Joined: Jan 18, 2016
    I'm planning to apply for 189 visa, which I think is Hindi sya kelangan related as long as pasok sa 2 years ASR, my friend got the same points, nag study sya cert 3 cert 4 and diploma, mine is cert 4 and diploma only but it was a nested package :-?
  • danyan2001usdanyan2001us Melbourne, Australia
    Posts: 2,536Member, Moderator
    Joined: Nov 14, 2012
    sammybear said:

    I'm planning to apply for 189 visa, which I think is Hindi sya kelangan related as long as pasok sa 2 years ASR, my friend got the same points, nag study sya cert 3 cert 4 and diploma, mine is cert 4 and diploma only but it was a nested package :-?

    if that then is the case bro then you have to relax your mind now kasi pasok na yong concern mo in that reference....that is also a good point for others who are in the same boat as you....thanks and good luck

    primary applicant- wife
    arrived melbourne- July 28, 2010

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