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MIGRATION REGULATIONS 1994 - REG 2.26AC

Prescribed qualifications and number of points for Subclass 189, 190, 489 and 491 visas

             (1)  For subsection 93(1) of the Act, this regulation applies to an application for:

                     (a)  a Skilled--Independent (Permanent) (Class SI) visa; or

                     (b)  a Skilled--Nominated (Permanent) (Class SN) visa; or

                     (c)  a Skilled--Regional Sponsored (Provisional) (Class SP) visa; or

                     (d)  a Skilled Work Regional (Provisional) (Class PS) visa.

             (2)  Each qualification specified in an item of Schedule 6D is prescribed as a qualification in relation to the grant, to the applicant, of:

                     (a)  a Subclass 189 (Skilled--Independent) visa in the Points-tested stream; or

                     (b)  a Subclass 190 (Skilled--Nominated) visa; or

                     (c)  a Subclass 489 (Skilled--Regional (Provisional)) visa; or

                     (d)  a Subclass 491 (Skilled Work Regional (Provisional)) visa.

             (3)  The number of points prescribed for a qualification specified in an item in Schedule 6D is specified in the item.

             (4)  For Schedule 6D:

                     (a)  The Minister must not give the applicant a prescribed number of points for more than one prescribed qualification in each Part of the Schedule; and

                     (b)  if the applicant's circumstances satisfy more than one prescribed qualification in a Part of the Schedule, the Minister must give the applicant points for the qualification that has been satisfied that attracts the highest number of points.

Note:          Part 6D.5 of Schedule 6D (Aggregating points for employment experience qualifications) recalculates an applicant's points if the applicant has qualifications specified in Part 6D.3 of Schedule 6D (Overseas employment experience qualifications) and Part 6D.4 of Schedule 6D (Australian employment experience qualifications).

             (5)  For items 6D71 and 6D72 of Part 6D.7 of Schedule 6D, in determining whether an educational qualification is of a recognised standard, the Minister must have regard to:

                     (a)  whether, at the time of invitation to apply for the visa, the educational qualification had been recognised by the relevant assessing authority for the applicant's nominated skilled occupation as being suitable for the occupation; and

                     (b)  whether the educational qualification is recognised by a body specified by the Minister in an instrument in writing for this paragraph; and

                     (c)  the duration of the applicant's study towards the educational qualification; and

                     (d)  any other relevant matter.

          (5A)  For Schedule 6D, a person meets the requirements for the award of a specialist educational qualification if the person satisfies the Minister that:

                     (a)  the person has met the requirements for the award, by an Australian educational institution, of:

                              (i)  a masters degree by research; or

                             (ii)  a doctoral degree; and

                     (b)  the degree included study for at least 2 academic years at the institution in a field of education specified in an instrument under subregulation (5B).

Note:          Academic year is defined in regulation 1.03.

          (5B)  The Minister may, by legislative instrument, specify a field or fields of education for the purposes of paragraph (5A)(b).

             (6)  In Schedule 6D and this regulation:

"degree " 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.

"diploma " means:

                     (a)  an associate diploma, or a diploma, within the meaning of the Register of Australian Tertiary Education (as current on 1 July 1999), that is awarded by a body authorised to award diplomas of those kinds; or

                     (b)  a diploma, or an advanced diploma, under the Australian Qualifications Framework, that is awarded by a body authorised to award diplomas of those kinds.

"employed " means engaged in an occupation for remuneration for at least 20 hours a week.

"professional year " means a course specified by the Minister in an instrument in writing for this definition.

"trade qualification " means:

                     (a)  an Australian trade qualification obtained as a result of the completion of:

                              (i)  an indentured apprenticeship; or

                             (ii)  a training contract;

                            that is required by State or Territory industrial training legislation or a relevant Federal, State or Territory industrial award and involves:

                            (iii)  part-time formal training at a technical college or a college of technical and further education; and

                            (iv)  employment within the meaning of:

                                        (A)  an industrial award under a law of the Commonwealth or of a State or Territory; or

                                        (B)  a law of a State or Territory dealing with commercial or industrial training; or

                     (b)  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

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



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