Migration Regulations 1994 - Specification of Professional Year Programs - IMMI 08/002

Overview

The Migration Regulations 1994, as amended by the instrument F2008L00487, address the gap in the recognition of professional year programs for overseas graduates seeking to transition into the Australian workforce through migration. Enacted by the Minister for Immigration and Citizenship, the primary objective of this legislation is to specify certain professional year programs as acceptable for migration purposes, thereby facilitating the transition of overseas graduates into relevant occupations. This particular instrument, IMMI 08/002, specifies the professional year program run by the Australian Computer Society for IT graduates, recognising the importance of these structured programs that combine study and work experience in preparing overseas students for employment in their nominated occupation. By awarding 10 points under the General Skilled Migration (GSM) points test, the instrument aims to incentivise participation in such programs, ensuring that graduates are job-ready and aligned with the skills needed in the Australian job market.

Scope and Application

The explanatory statement outlines the scope and application of the professional year program for IT graduates under the Migration Regulations 1994. This instrument specifies that a "professional year" is a structured program involving both study and work experience, intended to assist overseas graduates in becoming job ready. The professional year must be relevant to the occupation nominated in the graduate's General Skilled Migration visa application, and applicants who complete such a program in their nominated or a closely related occupation will receive 10 points under the GSM points test. This instrument specifically identifies the professional year program run by the Australian Computer Society as an acceptable program for IT graduates. It applies to overseas students who have completed at least two years of study to obtain an Australian qualification, and consultation with relevant authorities was undertaken to establish this program. The instrument commenced on 15 February 2008, and its purpose is to provide clarity and recognition for professional year programs that meet the specified criteria for migration purposes.

Key Provisions

The principal operative sections of this instrument, made under subregulation 2.26AA(6) of the Migration Regulations 1994, are intended to define what constitutes a “professional year” for the purposes of migration (s. 2). According to subregulation 2.26AA(6), a “professional year” is a course specified by the Minister in writing, which usually involves both study and work experience, providing overseas graduates with an introduction to their chosen occupation (s. 3). This professional year must be specifically relevant to the occupation nominated in the graduate’s General Skilled Migration (GSM) visa application (s. 3). The instrument specifies that the professional year program run by the Australian Computer Society for IT graduates is acceptable for migration purposes, provided the graduate has obtained an Australian qualification as a result of at least two years of study (s. 6). The obligations and requirements imposed by the Act on the parties or entities it governs are straightforward. Overseas students who have completed a specified professional year in their nominated occupation or a closely related occupation are awarded 10 points under the GSM points test (s. 4). For IT graduates, the specified professional year is the program run by the Australian Computer Society, and the graduate must have obtained an Australian qualification as a result of at least two years of study (s. 6). The professional year must align with the occupation nominated in the graduate’s visa application, and not all occupations will have a recognised professional year program for migration purposes (s. 3). The legislation does not explicitly outline specific offences, penalties, or consequences for breaches of the provisions within this instrument. However, breaches of the Migration Regulations 1994 in general can result in various civil and criminal penalties, depending on the nature and severity of the breach. These penalties can include fines, imprisonment, or both, as stipulated under the Migration Act 1958. The maximum penalties for breaches may vary, but they are designed to ensure compliance with migration laws and to uphold the integrity of the visa application process.