# Temp. graduate visa 2 year study req.



## Vinuw (Jun 24, 2015)

Hi,
I'm currently a student in Swinburne University. I aim on applying for the Temporary Graduate visa (subclass 485) after graduating. It has a 2 year study requirement which I'm not sure I qualify for. 
My course has 32 units. I actually finished 18 of them in Swinburne uni in MALAYSIA before coming here. Therefore I'm only completing 14 units here. I'll still be here for 2 years to complete those 14 units but I'm not sure if I qualify for the 485 visa since I'm doing a lesser number of units. Can someone advise me on this? Has anyone else faced a similar situation?


----------



## wrussell (Dec 31, 2014)

Vinuw said:


> Hi,
> I'm currently a student in Swinburne University. I aim on applying for the Temporary Graduate visa (subclass 485) after graduating. It has a 2 year study requirement which I'm not sure I qualify for.
> My course has 32 units. I actually finished 18 of them in Swinburne uni in MALAYSIA before coming here. Therefore I'm only completing 14 units here. I'll still be here for 2 years to complete those 14 units but I'm not sure if I qualify for the 485 visa since I'm doing a lesser number of units. Can someone advise me on this? Has anyone else faced a similar situation?


Check regulation 1.15F and read the policy notes below that might help:

The Australian study requirement does not require visa applicants to have completed a single course of study of 2 academic years duration. Applicants may use study undertaken to complete more than one degree, diploma or trade qualification to meet the Australian study requirement. For the Graduate Work stream of the VC-485 visa each degree, diploma, or trade qualification used to satisfy the Australian study requirement must be closely related to the applicant's nominated skilled occupation
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.

An applicant can choose whether to use the overlapping study from the first or second qualification with respects to meeting the Australian study requirement.
As it is the applicant's responsibility to provide evidence to support their application, in the above example the applicant may need to provide evidence that the three units in the diploma of Finance course that were the basis of granted credit constituted only one-third of that course and thus only one-third of the registered duration should be deducted when determining whether they met the 2 academic years of study requirement.

While students can quite legitimately compress the amount of time taken to complete a course by enrolling in summer or winter semesters or by enrolling at more than 100% of a full-time load, the Australian study requirement cannot be met in less than 16 calendar months.

In terms of the 2 academic years requirement in regulation 1.15(1)(c), an 'academic year' is defined in regulation 1.03, and means 'a period that is specified by the Minister as an academic year in an instrument in writing for this definition'. The current legislative instrument relevantly specifies that, for the purposes of regulation 1.03, '2 academic years is at least 92 weeks, being the duration of a course or courses registered under s9 of the ESOS Act.
In considering whether the 2 academic years requirement has been met, case officers should first consider the standard duration of the applicant's course/s as registered on CRICOS.

In Riaz v Minister for Immigration & Border Protection [2013] FCCA 2244 (Riaz), the Full Federal Court found that regulation 1.15F(1)(c) 'simply required an applicant to show that he or she had completed a course or courses that were registered under s9 of the ECOS Act for a period of at least 92 weeks', and an applicant is not required to also show that he or she has completed 'the usual or normal or approved full time workload of 'a course or courses so registered'.
Following the Full Federal Court's decision in Riaz, an applicant can meet the 2 academic years requirement in regulation 1.15F(1)(c) on the basis of as much RPL as the educational institution conducting the course or courses registered under s9 of the ESOS Act allows. This could include study done previously overseas and/or in Australia.
**********************************************************************

This is not to be taken as professional advice.


----------



## wrussell (Dec 31, 2014)

Vinuw said:


> Hi,
> I'm currently a student in Swinburne University. I aim on applying for the Temporary Graduate visa (subclass 485) after graduating. It has a 2 year study requirement which I'm not sure I qualify for.
> My course has 32 units. I actually finished 18 of them in Swinburne uni in MALAYSIA before coming here. Therefore I'm only completing 14 units here. I'll still be here for 2 years to complete those 14 units but I'm not sure if I qualify for the 485 visa since I'm doing a lesser number of units. Can someone advise me on this? Has anyone else faced a similar situation?


second post attempt?

Check regulation 1.15F

Some policy notes that might help you:

The Australian study requirement does not require visa applicants to have completed a single course of study of 2 academic years duration. Applicants may use study undertaken to complete more than one degree, diploma or trade qualification to meet the Australian study requirement. For the Graduate Work stream of the VC-485 visa each degree, diploma, or trade qualification used to satisfy the Australian study requirement must be closely related to the applicant's nominated skilled occupation
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.

An applicant can choose whether to use the overlapping study from the first or second qualification with respects to meeting the Australian study requirement.
As it is the applicant's responsibility to provide evidence to support their application, in the above example the applicant may need to provide evidence that the three units in the diploma of Finance course that were the basis of granted credit constituted only one-third of that course and thus only one-third of the registered duration should be deducted when determining whether they met the 2 academic years of study requirement.

While students can quite legitimately compress the amount of time taken to complete a course by enrolling in summer or winter semesters or by enrolling at more than 100% of a full-time load, the Australian study requirement cannot be met in less than 16 calendar months.

In terms of the 2 academic years requirement in regulation 1.15(1)(c), an 'academic year' is defined in regulation 1.03, and means 'a period that is specified by the Minister as an academic year in an instrument in writing for this definition'. The current legislative instrument relevantly specifies that, for the purposes of regulation 1.03, '2 academic years is at least 92 weeks, being the duration of a course or courses registered under s9 of the ESOS Act.
In considering whether the 2 academic years requirement has been met, case officers should first consider the standard duration of the applicant's course/s as registered on CRICOS.

In Riaz v Minister for Immigration & Border Protection [2013] FCCA 2244 (Riaz), the Full Federal Court found that regulation 1.15F(1)(c) 'simply required an applicant to show that he or she had completed a course or courses that were registered under s9 of the ECOS Act for a period of at least 92 weeks', and an applicant is not required to also show that he or she has completed 'the usual or normal or approved full time workload of 'a course or courses so registered'.
Following the Full Federal Court's decision in Riaz, an applicant can meet the 2 academic years requirement in regulation 1.15F(1)(c) on the basis of as much RPL as the educational institution conducting the course or courses registered under s9 of the ESOS Act allows. This could include study done previously overseas and/or in Australia.
************************************************************************
This is not to be taken as as considered professional opinion.


----------



## mohanadarsenal (Jan 24, 2017)

*16 calendar months*

Hello,

I appreciate you mentioning that RPL now counts towards the Australian study requirement, was just wondering if the 16 calendar months are affected by travelling outside Australia during semester breaks or is it all just about the duration between the course start and completion?

Thanks.



wrussell said:


> second post attempt?
> 
> Check regulation 1.15F
> 
> ...


----------



## mohanadarsenal (Jan 24, 2017)

mohanadarsenal said:


> Hello,
> 
> I appreciate you mentioning that RPL now counts towards the Australian study requirement, was just wondering if the 16 calendar months are affected by travelling outside Australia during semester breaks or is it all just about the duration between the course start and completion?
> 
> Thanks.


Hey Wrussel,

I have met all the requirements as I have completed a course registered for more than 92 weeks. I completed this course in exactly 16 months in Australia. I was hoping if you could tell me if these 16 calendar months are affected by travelling outside Australia.

Thanks


----------

