[답변만공유] Australian Study Requirement

보통은 2년 full-time study 라고 알고 있지만 이렇게 간단하게 해결되면 좋은 경우도 있지만 그렇지 않은 경우는 아래 처럼 관련 migration law를 또 샅샅히 lookup 해 보고 ok every thing is ok 라고 판단하고 조언을 드릴 수 밖에 없어요.

어떤 한 분의 질문을 email로 보냈더군요 (아마도 불특정 다수의 이민법무사에게 보내면서 그중에 저도 포함한 것으로 보입니다) 그러나 그냥 답변 아래와 같이 드렸습니다.
뭐 무주상보시도 하는데 이정도 답변 못드릴까요. 법전을 조금만 들추면 나오는 내용들이지만
GIGO 라고 해서 client 의 background를 알아야 outcome이 나오겠지요.
하여 별로 깊이 있는 이야기는 못드렸군요.

아래 내용에는 type link 가 모두 사라지지만 단어 하나 하나 중요한 단어는 hyperlink를 따라 다니면서 법전을 모두 확인해야 하는 작업이 있다지요. ^^

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Dear Mr S*,

확인해 봐야 할 내용이 많은데 내용이 충분치 않아요.

Study must have resulted in a degree, diploma or trade qualification
What is a degree, diploma or trade qualification
Only study that has resulted in the completion of a degree, diploma or trade qualification can be counted towards meeting the Australian study requirement. If applicants intend to use multiple courses to meet the Australian study requirement, they must demonstrate the multiples courses are the same course or packaged courses. A course cannot be counted simply because the Diploma, degree or trade qualification was awarded as a “result of” the applicant’s completion of a pre-requisite course. The course must be part of the Diploma, degree or trade qualification. This means the course must be packaged with the Diploma, degree or trade qualification or RPL is accepted as part of the Diploma, degree or trade qualification.
For instance, if an applicant has undertaken study in a Certificate IV in Business as an entry requirement for a Diploma of Management. The applicant cannot state that the Certificate IV in Business is part of the Diploma of Management because it is an entry requirement for the Diploma of Management. This is because the Certificate IV in Business is not a “packaged course” with the Diploma of Management but simply a pre-requisite course.
For the purposes of 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 while a diploma includes associate and advanced diplomas.
In some circumstance, an associate degree that has been suitably awarded does not meet the definition of ‘diploma’ as defined in regulation 2.26AC(6)(b).
For example, 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 or
• Graduate Diploma
cannot use that qualification on its own 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 Australian study requirements in regulation 1.15F) and in a discipline other than a trade, for example;
•
• a Certificate IV in Business Management
• 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,
• and the CRICOS registered period for the Certificate IV accompanied with the CRICOS registered period for the degree or diploma can be counted towards meeting the 2 academic years study requirement.
This means that the study can be counted only 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).
질문은 간단하지만 again 확인해 봐야 할 내용이 많습니다.

과거 현재 그리고 미래의 상황에 따라
그리고 그냥 Yes or NO 를 말해 줄 수 있는 질문과 답변이 아니랍니다.

Reg 1.15F Australian study requirement
(1) A person satisfies the Australian study requirement if the person satisfies the Minister that the person hascompleted 1 or more degrees, diplomas or trade qualifications for award by an Australian educational institution as a result of a course or courses:
(a) that are registered courses; and
(b) that were completed in a total of at least 16 calendar months; and
(c) that were completed as a result of a total of at least 2 academic years study; and
(d) for which all instruction was conducted in English; and
(e) that the applicant undertook while in Australia as the holder of a visa authorising the applicant to study.
Note: Academic year is defined in regulation 1.03.
(2) In this regulation:
completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.
Note: The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete adegree, diploma or trade qualification, for subregulation (2), before the award is formally conferred.

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http://hojuemin.com/guide/ 를 통해서 연락 줄 수 있겠습니다.

Kind regards

Soonchul Shin
RMA(0208335)
HOJUEMIN.COM