IMMIGRATION NEWS                     
18th July 2011
Volume 194
In This Issue
New Points Test - Education Factors
Dear students, 


Welcome to the latest edition of IMMIGRATION NEWS and to the new subscribers. This free service is brought to you by Australian Immigration Law Services. You can subscribe by using the link on the right hand side or by visiting our web site. Please feel free to forward this email to any of your friends.
Today we have provided you information about the new Points Test known as Regulation Schedule 6C and Education Factors. Next week we will be providing an update of State Migration Plans around the country as well as a story of how applicants who lodge PR applications on their own should never never trust what DIAC tells them as being 100 percent correct all the time. Not to be missed.
New Points Test - Education Factors 
Currently there are two legal regulations regarding the allocation of points for General Skilled Migration (GSM) applications, Schedule 6B and Schedule 6C, just to make things interesting. The confusing part for international students and all other potential skilled migrants, is which one applies to them.

In plain English, the Schedule 6B points test rules now only applies to the following;

A) Those who had already lodged their GSM applications before the 1st July 2011, or

B) Those former international students who are eligible for the transitional arrangements announced on the 8th February 2010. I wont go into those again for we have covered this before in previous newsletters and the information can be found on DIACs web site using the following link;

The rest of you are now affected by the new laws which began on the 1st July 2011, Schedule 6C. Week by week we slowly go through all of the point factors but today we will begin with one of the more complicated aspects of the points allocation, the Education Factors.


I've read over the information on DIACs web site regarding the new points system and its pretty basic, so much so that I wonder if applicants would be able to make an accurate self-assessment of their potential points score. You can check out DIACs information on by using the following link and see what you think;

20 Points Maximum


For those of you who have multiple degrees hanging off their name cards, you're going to be disappointed with the maximum limit of 20 points that can be allocated. It's not really fair is it? Frankly I think this country needs more mad scientists with multiple degrees capable of thinking outside the square.


The good news regarding your qualifications you wish to present, is that its content matter does not have to be related to your nominated occupation. So if your thesis for your PHD was on the culinary habits of SCs North Pole Raindears, then you're in luck. Despite the fact that there are many PHD holders out there driving taxis, in DIACs own guidelines on Schedule 6C state;


The giving of points recognises the correlation between the level of qualification attained by an applicant and the potential for success in the Australian labour market in terms of obtaining skilled employment and higher salaries.




Now getting to the nuts and bolts of the legislation;


Regulation 6C71 - 20 Points


The applicant has met the requirements for:


a)   The award of a doctorate by an Australian educational institution; or

b)   The award of a doctorate, by another educational institution, that the Minister is satisfied is of a recognised standard.



The key here is that your PHD has to be recognised to the Australian standard. This means when you are presenting overseas qualifications just presenting your academic papers is not going to be sufficient on its own. 


Australian Education International (AEI), through the National Office of Overseas Skills Recognition (AEI-NOOSR), provides official information and advice on the comparability of overseas qualifications with Australian qualifications. 


Country Education Profiles (CEP) will be the main reference points when an assessment is made of your PHD. However the DIAC's Proceedural Advice Manual (PAM) lists other possible which may be accepted as discussed below in the assessment of an overseas Bachelor Degree.   


And, just a useful piece of information for DIAC writers of PAM, its NOOSR with an R, not NOOSA with an A, which you have used in error. NOOSA, is a great sunny town on the Sunshine coast generally well known for the amount of cannabis smoked there on warm balmy nights after a days surfing rather than any academic work carried out


Regulation 6C72 - 15Points


The applicant has met the requirements for;

(a)     the award of at least a bachelor degree by an Australian educational institution; or

(b)     the award of at least a bachelor degreeby another educational institution, that the Minister is satisfied is of a recognised standard


So what is meant by the term degree? I feel this is an important part of the regulations to explain to readers.


In the Migration Act, degree has a strict definition which is as follows:


means a formal educational qualification, under the Australian Qualifications Framework, awarded by an Australian educational institution as a degree or a postgraduate diploma for which:

a)      the entry level to the course leading to the qualification is:

i)  in the case of a bachelor's degree - satisfactory completion of year 12 in the Australian school system or of equivalent schooling; and

ii)  in the case of a master's degree - satisfactory completion of a bachelor's degree awarded at an Australian tertiary educational institution or of an equivalent award; and

iii)  in the case of a doctoral degree - satisfactory completion of a bachelor's degree awarded with honours, or a master's degree, at an Australian tertiary educational institution or of an equivalent award; and

iv)  in the case of a postgraduate diploma - satisfactory completion of a bachelor's degree or diploma awarded at an Australian tertiary educational institution or of an equivalent award; and


b)   in the case of a bachelor's degree, not less than 3 years of full-time study, or the equivalent period of part-time study, is required.



In a nutshell for overseas students who have studied in Australia, if you have completed a Bachelor degree, Masters degree or even a Graduate Diploma, then you would qualify for the 15 points.


You will note that is doesn't mention how long the duration of the Masters degree or Graduate Diploma needs to be. If you had completed them with just one year full time study here then that would be sufficient, they don't need to meet the 2 year study requirement which of course is a totally different issue.


It does however specify that the Bachelor degree would be an award that would require at least 3 years of full time study. This does not mean that you have to have spent three years studying in Australia to qualify for this.


For example;

Sam enrols into a three year Bachelor of Commerce in Australia. Once here he applies for academic credits for his Advanced Diploma of Commerce he completed in the USA. Sam is given 8 units of exempted subjects (out of the 24 required) and now can complete his degree here in just 2 years (16 units) instead of the 3. Now even though Sam will be only studying 2 years in Australia to qualify for the Bachelor degree he is still completing an degree which requires 3 years of full time study. This still enables him to gain the 15 points.


If you hold an overseas degree then equivalency this needs to be proven. Convincing DIAC requires some evidence. DIACs guidelines (PAM) outline the following information where case officers must have regard to in making their decesions;


A)   The skill assessment body recognised by DIAC for your nominated occupation has stipulated your overseas Bachelor degree is equivalent to an Australian Bachelor degree, or

B)   VETASSESS has provided an assessment of your Bachelor degree as being equivalent; or

C)   The AEI Country Education Profiles provided by NOOSR. These CEP's are provided as an online service and in fact it is this service that the skill assessment bodies rely upon in making their statements in the skill assessment results; or

D)Any other relevant evidence supplied by the applicant. Although DIAC does not provide examples of what this may be it is still possible there will be an open mind to other documents or information provided. However caution should be exercised if you are relying upon this evidence to convince a case officer.


A couple of examples to clarify this.


1)   Prakesh came to Australia to study his Advanced Diploma of Hospitality at TAFE. He had completed his Bachelor of Commerce at the Adikavi Nannaya University, Rajahmundry. He completed his Bachelor Degree in the 2nd Division level but unfortunately according to the NOOSR CEP his Bachelor degree is only equivalent to an Australian Associate degree. This means he cannot gain the 15 points he was hoping for.

2) Umut completed her Bachelor of Arts from Adnan Menderes University in Turkey. She came to Australia to complete a Diploma Business at Pacific College in Sydney. However since her 4 year degree from Turkey is listed in the CEP as being equivalent to an Australian Bachelor degree she is eligible for 15 points.


Regulation 6C73 - 10 Points


The applicant has met met the requirements for the award of a diploma by an Australian educational institution


In general any Diploma that you have been awarded that was CRICOS registered and you studied whilst on a student visa should meet this criteria. Note however it is only talking about study in Australia not overseas. 


Regulation 6C74 - 10 Points


The term trade qualification has a lengthy definition where there is no need to repeat it all here for most of it will not be useful to international students who study in Australia. The part that does refer to you are the following;

 l  a qualification, under the Australian Qualifications Framework, of at least the Certificate III level for a skilled occupation in Major Group IV in the ASCO; or

 l  a qualification, under the Australian Qualifications Framework, of at least the Certificate III level for a skilled occupation in Major Group 3 in the ANZSCO.


Having completed a Certificate III in Cooking, Baking, Bricklaying etc in Australia will qualify you for the 10 points.


Regulation 6C75 - 10 Points



The applicant has attained a qualification or award recognised by the relevant assessing authority for the applicant's nominated skilled occupation as being suitable for the occupation


DIAC's guidelines express this simply;

Points will be allocated to applicants where the assessing authority has recognized the qualification or award attained by the applicant as part of their assessment of the applicants nominated occupation.


In other words, when the skill assessment body states on their letter they have sent you, that your overseas qualification or award has been recognized by them as being attributable to your positive assessment then this be sufficient evidence for DIAC to award the 10 points.



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Kind regards,

Karl Konrad: Managing Director and

Jee Eun HAN, Executive Manager     

Australian Immigration Law Services

MARN: 9904238, 0850073 



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 At Australian Immigration Law Services (AILS), we offer professional advice and practical solutions to all migration matters. Our team of licensed agents and consultants specialise in various areas of immigration law, such as skilled migration, business, family, and reviews.




This week we are covering just one of the many factors that make up the new points system DIAC introduced starting on the 1st July 2011.

Each week we will endeavor to look at the individual regulations that make up the Schedule 6C and give a simple English version of how it all works.

I can appreciate its not light reading before you hit the sack but for those who are going to lodge PR applications in the future its important you know what is going on even if you pay for professional services to lodge the application on your behalf.

So put your feet up and read whilst drinking coffee so you don`t fall asleep.



Karl Konrad

Managing Director

Karl Konrad



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