2-year Study Requirement

This will affect students applying for the following types of visas:

• Skilled - Independent
• Skilled - Sponsored
• Skilled - Regional Sponsored
• Skilled - Regional
• Skilled - Graduate

The main elements which will need to be satisfied will be as follows:

Element	Pre-September Requirement	Post-September Requirement
Type of Qualification	Degree, diploma or trade certificate	Unchanged
Timing of Lodgement	PR app must be lodged within 6 months of completion of qual	PR either within 6 mths, or whilst holding a 485
Nominated Occupation	Studies must be "relevant to" nominated occupation	Studies must be "closely related"
Duration of Study	2 Academic Years (4 semesters)	Minimum 2 years on CRICOS
Units Completed	Attempted 3 semesters at 75% loading, last semester can be less	2 years' worth of units must be completed - credits & failures have significant impact
Time spent in Australia	Minimum 16 months	Unchanged
Full-time study	Study must be at least 75% loading	Can be full or part-time (in theory)
English language medium	Course must be taught in English	Unchanged
Location of Study	Must attend campus in Australia	Distance education in Australia OK
Changing Institutions	Each qualification must be completed where commenced	Providing credits are awarded, changing institution is OK

The most significant changes to the 2-year study requirement are:

1. All studies in Australia from 1 September must be "closely related" to the nominated occupation (occupation you pass skills assessment in). This is significantly more restrictive than the previous rule that the studies have to be "relevant to" the nominated occupation. Prior to 1 September 2007, it was possible for students to do a general course in business, IT or accounting, then count this towards the 2 year study even if their nominated occupation was in a different field (eg a trade).

2. Whilst prior to 1 September 2007 it was possible to do, for instance, a 3-semester Masters qualification over 4 semesters at 75% loading and meet the 2-year study requirement, this will no longer be possible. In assessing the 2-year study requirement, the Department of Immigration will look at the duration of the course on CRICOS. CRICOS would need to indicate that the course takes at least 2 years (104 weeks) for a student to meet the 2-year study requirement.

3. Prior to 1 September, the last semester a student took could be counted as full-time, even if the student was not taking a 100% loading. This could be because a student may just have a few subjects left to complete their qualification. From 1 September 2007, the Department of Immigration will look at the total number of units completed by a student. If this would take at least 2 years on a full-time basis, the 2-year requirement would be met. However, if a student obtains academic credits, and less than 2 years worth of units are taken, this will no longer be considered 2 years of study in Australia.

   The new rules are complex so please contact us if you wish to clarify whether you meet the 2-year study requirement.