Clarification of the Australian study requirement for General Skilled Migration visas

15 March 2009 Legislation Change

Client summary

From 15 May 2009, the Migration Regulations 1994 (‘the Regulations’) are amended to change the name of the 2 year study requirement to the Australian study requirement, and to specify the length of time an ‘academic year’ for onshore General Skilled Migration (‘GSM’) visa applicants.

There is no change being made to the current policy which sets one academic year at 46 weeks, two academic years at 92 weeks and three academic years at 138 weeks.  Moving the existing policy into the Regulations merely classifies the existing policy.

Affected legislation

Regulation 1.03
Regulation 1.15F
Schedule 2, clauses 175.111 and 175.211
Schedule 2, clauses 176.111 and 176.211
Schedule 2, clauses 475.111 and 475.211
Schedule 2, clauses 485.111 and 485.213
Schedule 2, clauses 487.111 and 487.212
Schedule 2, clauses 885.111 and 885.211
Schedule 2, clauses 886.111 and 886.211
Schedule 6B, items 6B64, 6B91 and 6B101

Additional information:

The Regulations currently require certain GSM applicants to meet the 'two year study requirement'. To avoid confusion for the required time period, this is being rephrased to be now called the 'Australian study requirement'. Part of the Australian study requirement is for a student to have completed two academic years of study. The legislative instrument made under this amendment states the number of weeks which is considered to be two academic years.

The GSM points test also allocates points for additional years spent in academic study in Australia, and the legislative instrument made under this amendment also defines what period of study constitutes one and three academic years.

Transitional provisions:

These amendments apply to applications for visas made on or after 15 May 2009.

Forms: Updated Form 1276 will be available from January 2010.

Instructions: PAM3 will be amended to reflect these changes by 15 May 2009.