Two year study rule:
How is the two year study requirement changing?
The two year study requirement was introduced in recognition of the value of Australian study in equipping visa holders to find skilled employment and settle easily in Australia. The value arises not only from having an Australian qualification but from having substantial exposure to Australian society and culture.

The current two year study requirements have resulted in some confusion for applicants. From 1 September 2007, to meet the two year study requirement, applicants will have to complete one or more degrees, diplomas or trade qualifications for award by an Australian educational institute as a result of a course or courses:
• registered on the Commonwealth Register of Institutions and Courses for Overseas
Students (CRICOS)
• completed as a result of at least two academic years’ study or completed in a total of
no less than 16 calendar months
• that the applicant studied in Australia, while holding a visa that allowed study and for
which all instruction was conducted in English.

These changes benefit students because they allow more flexibility. Students will not be penalised for changing education providers provided they obtain credit for their previous study and this study was in a CRICOS registered course undertaken in an Australian institute while physically present in Australia and in accordance with any visa conditions. They will also be able to count study undertaken online towards meeting the two year study requirement (up to 25%), if they were in Australia for the duration of that period of study.

What is two academic years?
To demonstrate that you have studied for at least two academic years, you must show that you have completed the equivalent of two years study at 100% of a full-time load. If you are given credit from prior learning it will reduce the amount of study you have completed.
The department will use CRICOS to determine the standard duration of a course. A course that has a registered duration of 104 weeks is considered to be a two year course.

Examples:
• If a course is CRICOS registered for 156 weeks (3 years) and consists of 24 subjects,
100% of full-time enrolment would equate to 4 units per semester. In that course, a
student will have completed two academic years when they have successfully
completed 16 subjects.
That means a student enrolled in that course can be given credit for prior learning for
up to 8 subjects and still complete two academic years study.
• If a course is CRICOS registered for 104 weeks (2 years) and consists of 12 subjects,
100% of full-time enrolment would equate to 3 units per semester. Students would be
required to complete all 12 subjects to meet the two year study requirement.
A student enrolled in this course who is given any credit for prior learning will not have
completed two academic years study and may have to complete an additional degree,
diploma or trade qualification to meet the two year study requirement.

Further Clarification Released:

On 22 October 2007 the Department of Immigration and Citizenship released the following explanatory statement:

The two year study requirement was introduced as an immigration requirement in July 2003 in recognition of the value of Australian study in equipping migrants to find skilled employment and settle easily in Australia. The intention of the requirement is to ensure that applicants for General Skilled Migration (GSM) have a strong foundation of at least two academic years study in Australia.

The value arises not only from having an Australian qualification but also from having substantial exposure to Australian society and culture. The Department of Immigration and Citizenship (DIAC) has maintained an active dialogue with the Department of Education, Science and Training (DEST) and education providers concerning the operation of this requirement, and over recent years a range of concessions have been made to facilitate the delivery of courses. In particular, the emergence of summer courses which enabled students to shorten the time taken to complete their studies had blurred the original policy intent.

The Government has amended the Regulations to clarify the two year study requirement in response to some confusion surrounding its interpretation and a decision was taken to use Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) as the measure for determining whether a course satisfied the two year study requirement. From 1 September 2007, to meet the two year study requirement, applicants will have to complete one or more degrees, diplomas or trade qualifications for award by an Australian educational institute as a
result of a course or courses:
• registered on CRICOS;
• completed as a result of at least two academic years’ study;
• completed in a total of no less than 16 calendar months; and
• that the applicant studied in Australia, while holding a visa that allowed study and for which all instruction was conducted in English.

In addition:
• students will not be penalised for changing education providers provided they obtain credit for their previous study and this study was in a CRICOS registered course undertaken in an Australian institute while physically present in Australia and in accordance with any visa conditions; and
• in line with the National Code 2007, students will also be able to count study undertaken online towards meeting the two year study requirement (up to 25%), if they were in Australia for the duration of that period of study.

In response to concerns raised by the education industry that the methods for calculating CRICOS registered course durations have historically varied between the VET and higher education sectors, and following further consultations within government, the Government has decided that a course registered on CRICOS of 92 weeks in duration is the appropriate benchmark of what constitutes two years study. In determining the new measure, it is recognised that a number of courses will still fall
below this benchmark. It is open to providers to adjust course content and duration in accordance with the National Code 2007.

These arrangements will operate from Monday 22 October 2007.

[This information taken from the website of the Department of Immigration and Citizenship]