485 post study work stream visa problem. Need help please! - Page 2

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485 post study work stream visa problem. Need help please! - Page 2


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  #11 (permalink)  
Old 04-16-2016, 05:01 AM
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Example:
A student completes a qualification in a diploma in Finance (9 equally weighted units), then goes off shore for several years before returning and competing a diploma in a foreign language and finally a diploma in Accounting (10 equally weighted units) where 2 units have been granted as credit based on three units of study from the diploma in Finance.
The student could use the diploma in Finance and the diploma in Accounting towards meeting the Australian study requirement, choosing to use two-thirds (6 units from 9 units) of the diploma in Finance registered duration, plus all of the diploma in Accounting registered duration, towards meeting the 2 academic years of study requirement, while at the same time using all of the study period in both courses to meet the regulation 1.15F(1)(b) 16 month 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.
6 Must have been a registered course/s
6.1 CRICOS
It is a 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. Accordingly, only study of a course registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) can be used to meet the Australian study requirement (as Student visas are granted in respect of CRICOS-registered courses only).
6.2 If the course is deregistered
A person who enrols in a registered course that is subsequently deregistered during their course of study will need to make arrangements to change institutions to complete their degree, diploma or trade qualification with a registered provider. In this instance, all study that results in the award will count for the purposes of regulation 1.15F - see section 4.4 Changing institutions.
If a registered course is deregistered but the person continues with the course of study, this study will not meet the requirements of regulation 1.15F and therefore does not count towards meeting the Australian study requirement. The only exception is where a course is deregistered less than 2 months before the person was due to complete the course, in which case it may be unreasonable to expect them to change providers.
6.3 If the course is suspended
If a course is suspended to new enrolments but is still registered on CRICOS, students studying this course will still be able to meet the Australian study requirement (as the course has not been deregistered or cancelled).
If however, the course in question has been suspended and, following this suspension, is no longer registered on CRICOS, this study will not count towards an applicant meeting the Australian study requirement.
6.4 If course deregistered just prior to study completion
If a course has been deregistered just prior to completion, case officers should contact the Student Visa Policy Section, National Office, for guidance.
7 Minimum of 16 calendar months
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.
This 16 month period commences when the applicant’s study commences (generally from the commencement of lectures and excluding orientation periods) to the date at which all academic requirements have been completed.
The completion date is the date that the student’s final exam results have been made publicly available and excluding any delay in notification of graduation due to administrative requirements such as a Graduation Evaluation period.
The requirement that they have been physically present in Australia whilst undertaking their studies aims to ensure that visa applicants have the opportunity to forge links with communities, prospective employers and to become more familiar generally, with living in Australia.
It is important to note that for the purposes of calculating length of study, if a visa applicant undertook 2 courses of study concurrently, the period of overlap can only be counted once. For example, if they had only one subject to complete their first qualification and that took 8 weeks, so they began studying towards their next qualification at the same, that 8 week period only counts for 8 weeks, not 16 weeks (that is, 8 weeks towards one course and 8 weeks towards another).

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Old 04-16-2016, 05:05 AM
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There is much more policy, some of which has been set aside by recent court decisions. I shall not burden the forum with all of it.

Best of luck with whatever you decide to do.

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  #13 (permalink)  
Old 04-16-2016, 05:40 AM
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Quote:
Originally Posted by wrussell View Post
4 Study must have resulted in a degree, diploma or trade qualification
4.1 What is a degree, diploma or trade qualification
Only study that has resulted in completion of a degree, diploma or trade qualification can be counted towards meeting the Australian study requirement.
In regulation 1.15F, degree, diploma and trade qualification have the meaning given in regulation 2.26AC(6) - see regulation 1.15F(2). Note in particular that degree includes a bachelor and any higher degree and diploma includes associate and advanced diplomas.
This means a visa applicant who has completed in Australia:
 a Certificate II in any discipline or
 a Certificate IV in a discipline other than a trade, for example a Certificate IV in Business Management or
 a Graduate Certificate
cannot use that study to meet the Australian study requirement. (The list above is illustrative, not exhaustive.) However, if an applicant:
 completes a Certificate IV `(where the study met the requirements in regulation 1.15F and
 was granted credit for some of the completed units of the Certificate IV course in a subsequent degree or a diploma which they have completed
those credits can be used to meet the Australian study requirement:
 the time taken to study the units of the Certificate IV course can be counted towards the regulation 1.15F(1)(b) 16 month requirement, however
 only the credited units from the degree or diploma can be counted towards meeting the 2 academic years study requirement.
This means that the study can only be counted once; it cannot be used towards the Certificate IV and then again towards the degree or diploma.
If an applicant:
 nominates a non-trade occupation
 completes a diploma or a degree
 then undertakes a trade qualification (such as a Certificate III or IV)
neither the trade qualification nor the period of the trade qualification study can be counted for the purpose of the Australian study requirement. This could mean that the applicant does not meet the Australian study requirement within the required 6 months before lodging their visa application, due to the time taken to complete the trade qualification (or any other qualification that cannot be used to meet the Australian study requirement because the study did not meet the requirements in regulation 1.15F and result in the award of a degree, diploma or trade qualification).
wrussel thank you so much for the input on the law regarding my issue. I read it thoroughly and this seems to be related to me:

However, if an applicant:
 completes a Certificate IV `(where the study met the requirements in regulation 1.15F and
 was granted credit for some of the completed units of the Certificate IV course in a subsequent degree or a diploma which they have completed
those credits can be used to meet the Australian study requirement:
 the time taken to study the units of the Certificate IV course can be counted towards the regulation 1.15F(1)(b) 16 month requirement, however
 only the credited units from the degree or diploma can be counted towards meeting the 2 academic years study requirement.


I read it 3 times and it seems that my advanced diploma qualification should be counted towards the bachelor in commerce? please correct me if im wrong?


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