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EOI Help - claiming education points!

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Feb 11th, 2013
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  1. 32 Education qualifications
  2. 32.1 Education qualification points
  3. Applicants are to be given points for the highest level of qualification awarded by either an Australian or other than Australian educational institution which is of a recognised standard. 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. To attain points for this factor, an applicant’s qualification does not have to be related to their nominated occupation, as the awarding of points reflects the value of higher learning and its contribution to human capital. However, the applicant will still be required to demonstrate relevant qualifications as part of any assessment of their nominated skilled occupation.
  4.  
  5. 32.2 Points awarded for highest level qualification
  6. Case officers are to award points to an applicant for the highest level qualification attained. Case officers must not award points for more than one qualification. For example, if an applicant presents claims of attaining a doctorate degree level qualification and also a bachelor degree level qualification, case officers must first consider the doctorate level qualification for the purpose of awarding points. If eligible for award of points for the doctorate, the applicant will not be able to also claim points for any other qualification.
  7.  
  8. 32.3 Australian qualifications
  9. In awarding points for qualifications awarded by Australian educational institutions, regulation 2.26A(6) provides meaning for terms degree, diploma and trade qualification. Applicants are awarded points for Australian qualifications if they meet the requirements for the award of a doctorate, bachelor degree, a diploma or a trade qualification by an Australian educational institution.
  10. Generally, Australian educational qualifications are obtained while applicants are living and studying in Australia. In certain instances, an applicant may claim points for Australian qualifications that are obtained while they live and study overseas. For example, Australian education providers deliver courses overseas that meet the requirements of certain Australian qualifications (for example a bachelor degree). Educational institutions in such cases award qualifications that state the applicant meets the requirements of a specific Australian educational institution.
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  12. 32.4 Qualifications other than Australian educational qualifications
  13. Applicants are eligible to be awarded points for overseas qualifications. Case officers are to be satisfied the qualification attained is of a recognised standard to a qualification awarded by an Australian institution.
  14. The Regulations prescribe that case officers must have regard to several factors stipulated in item 6C76. when assessing overseas qualification that are the level or at least a bachelor degree or above. The factors give regard to any recognition given to the qualification by the relevant assessing authority or by VETASSESS, the other assessing body which the Minister has stipulated in instrument for the purpose of recognising qualifications. This acknowledges that assessing authorities have expert knowledge on the qualifications and skills required for an occupation.
  15. Case officers must also have regard to any other matter/evidence provided by the applicant which is relevant to the consideration of the qualification. Case officers must have regard to each of the factors. However, the absence of evidence for any one or more of the factors should not automatically result in a negative assessment of the applicant’s claims.
  16. It is envisaged in the majority of cases, an applicant’s qualification claims will be assessed by the relevant assessing authority for the purpose of that authority issuing skills assessment. Where an assessing authority has provided an opinion on an applicant’s qualification, the applicant is to provide this with their visa application along with any other relevant supporting documentation to support their claims which will include copies of qualifications provided to the assessing authority.
  17. In a small number of cases an applicant may be issued with a suitable skills assessment based only on an assessment of an applicant’s claims of on the job training and skilled employment. The relevant assessing authority in such cases may not provide an opinion on qualifications. In these cases, unless the applicant has other qualifications of a recognised standard, they will not be able to claim qualification points.
  18. In instances where an applicant has obtained a suitable skill assessment in their nominated occupation before 1 July 2011, case officers should assess each case on its own merit and only seek further advice on an applicant’s qualifications and/or skilled employment if required.
  19. If an applicant’s highest level qualifications (including qualifications at doctorate level) are not related to the nominated or closely related occupation, the applicant can have their qualification assessed by VETASSESS as to the comparability of their qualification to Australian standards for the purpose of awarding points. Case officers must have regard to any opinion provided by VETASSESS on an applicant’s qualification.
  20. In instances where neither the relevant assessing authority nor VETASSESS has provided an opinion on an applicant’s qualifications, case officers must assess the qualification claims presented by the applicant. In such scenarios case officers should take into consideration any relevant information that is available to them, including information available on Country Education Profiles, advice from AEI - NOOSA and any other relevant evidence provided by the applicant.
  21.  
  22. 32.5 Doctoral degrees
  23. Maximum points for this factor will be available for applicants who have completed a doctorate by an Australian educational institution, or the award of a doctorate, by another educational institution, that the Minister is satisfied is of a recognised standard. The doctoral degree does not have to be related to an applicant’s nominated occupation. For example, an applicant may hold a bachelor degree in engineering which is recognised by the relevant assessing authority in the assessment of the applicant’s nominated occupation and also hold a Doctor of Education degree that has been recognised by VETASSESS. Maximum education points will be awarded to this applicant for the doctoral degree they have attained.
  24.  
  25. 32.6 Bachelor and post graduate degrees
  26. Points for this factor are awarded on the basis of an applicant attaining at least a bachelor degree awarded by an Australian educational institution, or awarded by another educational institution of a recognised standard. The bachelor or other degree does not have to be related to the applicant’s nominated occupation. In determining whether an applicant’s qualification has met the requirements for award of ‘at least a bachelor degree’ the case officer must have regard to the recognition given to the qualification by the relevant assessing authority or by VETASSESS. For example, an applicant with 3 years Diploma in Nursing from the United Kingdom is generally recognised by the relevant assessing authority, the Australian Nursing and Midwifery Council, as having obtained a qualification of comparable standard to an Australian bachelor degree. In such cases, case officers must have regard to the opinion of the assessing authority in determining whether to award points
  27. Case officers may also be presented with claims of qualifications at masters level for the purpose of gaining points. As defined in regulation 2.26A(6) qualifications at masters level completed in Australia require the completion of a bachelor degree awarded at an Australian tertiary educational institution or of an equivalent award. However, in certain instances, where the relevant assessing authority recognises the masters obtained by the applicant as comparable to at least bachelor level at Australian standards, case officers must have regard to this opinion in determining whether to award points. For example, the Architects Accreditation Council of Australia (AACA), the relevant assessing authority for architects, currently sets the standards for the occupation for migration purposes to be at comparable Australian masters level. In these cases, while the applicant undertakes studies that include both bachelor level and masters level courses, the applicant may only be awarded a degree at masters level. If AACA recognises the award at masters level to be comparable to Australian bachelor level, case officers must have regard to this opinion when awarding points.
  28.  
  29. 32.7 Diplomas
  30. Diplomas include associate and advanced diplomas within the meaning of the Register of Australian Tertiary Education or under the Australian Qualifications Framework, that is awarded by a body authorised to award diplomas of those kinds.
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  32. 32.8 Australian trade qualifications
  33. Qualifications obtained as a result of the completion of an indentured apprenticeship; or a training contract required by State or Territory industrial training legislation or a relevant Federal, State or Territory industrial or 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.
  34.  
  35. 32.9 Other qualifications and awards
  36. Points will also be awarded to applicants where the assessing authority has recognised the qualification or award attained by the applicant as part of their assessment of the applicant’s nominated occupation. This will provide for applicants who have attained relevant overseas educational qualifications, other than degrees or diplomas to be appropriately awarded points for this factor.
  37. It is expected that such scenarios are likely to occur with respect to trade occupations where an applicant may have an award or qualification that is not comparable to Australian level trade qualification. In such cases, the relevant assessing authority, such as the Trades Recognition Australia (TRA) may provide an the opinion that the award or qualification along with the applicant’s relevant on the job training is comparable to Australian trade level qualification. In certain instances, a relevant assessing authority may include additional criteria like successful outcome in a written exam to recognise an applicant’s qualification for the purpose of awarding points.
  38. Examples of qualification scenarios and assessment.
  39. Scenario 1
  40. An applicant has a bachelor degree and an MBA both attained outside Australia. The relevant assessing authority has recognised the bachelor degree as well as other factors including work experience in making their finding that the applicant’s qualifications and skills are suitable for the nominated occupation. While the assessing authority recognised the bachelor degree as a factor in determining if the applicant met the requirement of their nominated occupation, it does not necessarily follow that the bachelor degree is comparable to an Australian bachelor degree. In this case, the assessing authority, in addition to providing the applicant with an assessment of their nominated occupation, also provides their opinion that they recognise the bachelor degree as only being to the equivalent standard of an Australian advanced diploma.
  41. As the applicant’s MBA is not related to their nominated occupation they have the MBA assessed by VETASSESS. VETASSESS do not find that the MBA is equivalent to at least a bachelor degree. In this case, the applicant will not be eligible for 15 points for either their bachelor degree or their MBA. However, the applicant will still be eligible for 10 points on the basis that the assessing authority recognised their (bachelor) qualification in their assessment of the applicant’s nominated occupation.
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  43. Scenario 2
  44. The applicant holds a bachelor degree attained outside Australia which is unrelated to their occupation. The relevant assessing authority does not recognise the bachelor degree as part of their assessment of the applicant’s nominated occupation. The assessing authority finds that the applicant satisfies the requirements of their nominated occupations on the basis of other qualifications held and related training and work experience. The applicant then has their bachelor degree assessed by VETASSESS, and VETASSESS recognise the bachelor degree as equivalent to at least a bachelor degree. The applicant will be eligible for 15 points for attaining a qualification as meeting the requirements for award of ‘at least a bachelor degree’
  45.  
  46. 32.10 Veracity of the claims presented
  47. Assessing authorities provide an opinion on qualifications based on evidence provided to them by applicants. In making their assessment, these authorities draw upon their own expert knowledge of the nominated occupation and the related industry and professional standards and other relevant authorative information, including the Country Education Profiles. Case officers while having regard to the opinion provided be assessing authorities, also need to be satisfied of the veracity of the claims made and the bona fides of the supporting documents presented in making their decision to award points.
  48.  
  49.  
  50. 33 Study in regional or low-population growth metropolitan Australia
  51. 33.1 As a Schedule 6C factor
  52. The points awarded under Part 6C.10 Study in regional Australia or a low-population growth metropolitan area factor recognise the important contribution migrants make to regional Australia. This factor is intended to encourage permanent settlement in regional Australia and some metropolitan areas with low population growth rates (LPGMA).
  53. Applicants are eligible for 5 points if they have met the Australian study requirement while living and studying at an Australian educational institution in a regional area or LPGMA - see PAM3: Div1.2/reg1.15F - Australian study requirement.
  54. Consistent with regulation 2.27D, study undertaken in Australia will be considered towards meeting the requirements of Part 6C.8 only if, throughout the relevant period, the applicant held a visa that allowed them to study.
  55. When assessing whether an applicant satisfies item 6C101, it is not necessary to consider:
  56. • when study was completed or
  57. • whether the study is closely related to the applicant’s nominated occupation.
  58.  
  59. 33.2 What area is covered
  60. ‘Regional Australia’ differs from the concept of designated areas for skilled migration sponsorship purposes. As well, areas included in this factor are not identical with those identified for RSMS purposes. The postcodes that constitute regional and LPGMA and the institutions that fall within those postcodes are specified in a legislative instrument for the purposes of Schedule 6A item 6A1001.
  61. The methodology behind the instrument is that it lists those Statistical Divisions with a population of less than 200 000 at the 2001 Census. Some metropolitan areas that have experienced low (less than 50% of national average) population growth in the period between the 1996 Census and the 2001 Census are also included.
  62.  
  63. 33.3 More than one qualification
  64. If the applicant has completed more than one qualification to meet the Australian study requirement, they need to demonstrate that throughout the relevant period they studied and resided in ‘regional’ Australia. There is no requirement that the qualifications were undertaken consecutively, or that all study was completed at a single institution in a single ‘regional’ area.
  65. If an applicant relies on the completion of a course to take advantage of the recent work experience waiver, it is irrelevant how long ago the previous qualification needed to meet the Australian study requirement was completed. The critical requirements are at least 2 academic years study towards completed courses undertaken at a recognised regional or LPGMA campus while residing in a specified regional or LPGMA area.
  66.  
  67. 33.4 Distance education is not included
  68. Item 6C101(d) precludes any study undertaken while enrolled at an educational institution in ‘regional Australia’ as an external or distance student. That means that students can study at the regional campus of a metropolitan institution but they cannot study at the metropolitan campus of a regional institution and be eligible for these points.
  69.  
  70. 33.5 Evidence
  71. To confirm that the study component of this measure was completed in regional Australia, decision makers should refer to the academic transcript or letter of course completion.
  72. To confirm the residence component, applicants are asked to submit copies of rental agreements, telephone bills, or electricity/water/gas bills.
  73.  
  74.  
  75. 34 Australian study requirement
  76. Applicants who have met the Australian study requirement satisfy item 6C81 and are eligible for 5 points under this factor - see PAM3: Div1.2/reg1.15F - Australian study requirement.
  77. When assessing whether an applicant satisfies item 6C81, it is not necessary to consider when study was completed.
  78. This means that an applicant for an offshore visa, who meets the threshold requirements on the basis of demonstrating recent skilled employment, but who studied in Australia 3 years before making the application, could still be eligible for points under this factor.
  79.  
  80. 34.1 Study and nominated occupation must be closely related
  81. The intention of this requirement is to support the policy objective that skilled migrants have the skills necessary to perform their nominated occupation and to positively contribute to the Australian economy and society as soon as possible.
  82.  
  83. 34.2 "Closely related"
  84. Where an applicant claims to meet the Australian study requirement, the completed Australian degree, diploma or trade qualification/s must be "closely related" to the nominated skilled occupation. Under policy, the critical factor in determining whether the degree, diploma or trade qualification is closely related to the occupation is whether the skill set/s underpinning the qualification/s are directly transferable to the nominated occupation, in terms of both subject matter and the level of qualification at which those skills were obtained.
  85. Under policy, circumstances of a qualification not being "closely related" to the nominated occupation include where the qualification is not related to the nominated skilled occupation. For example, an applicant's nominated occupation is Registered Nurse and they have completed a Bachelor of Commerce to meet the Australian study requirement.
  86. Another instance in which a qualification would not be considered to be "closely related" to the nominated occupation is where the level at which the skills were obtained is inconsistent with the level at which the applicant is skilled to work.
  87. Example of not closely related skill levels:
  88. The applicant met the Australian study requirement on the basis of having completed a Certificate III in Furniture Making and a Masters of Information Technology. Although basic IT skills are generally applicable to most occupations the high level skills gained by completing a Masters course is inconsistent with the skills that would be useful on a day to day basis as an entry level tradesperson.
  89.  
  90. 34.3 Acceptable combinations
  91. Examples of acceptable combinations of study and nominated occupation include:
  92. • an applicant who nominates Pharmacist as their skilled occupation and completes a Bachelor of Pharmacy in Australia
  93. • an applicant who nominates Biomedical Engineer as their skilled occupation and has completed a Bachelor and Masters of Engineering in Australia
  94. • an applicant who nominates Construction Project Manager as their skilled occupation and has completed an Advanced Diploma of Building and Construction in Australia
  95. • an applicant who nominates Automotive Electrician as their skilled occupation who has completed a Certificate III in Automotive (Electrical) and a Certificate IV in Automotive Technology in Australia
  96. • an applicant who nominates Airconditioning and Mechanical Services Plumber as their skilled occupation who has completed a Certificate III in Plumbing and a Diploma of Plumbing and Services in Australia
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