Migration Regulations 1994 - Specification of Professional Year Programs - IMMI 08/011

Overview

The Explanatory Statement outlines a legislative instrument made under the Migration Regulations 1994, specifically addressing the definition and recognition of "professional year" programs for migration purposes. This regulation was introduced to fill the gap in the existing framework by providing a structured pathway for overseas graduates to integrate into their chosen occupations in Australia. The professional year program is intended to offer a combination of study and work experience, facilitating the transition of overseas graduates into the workforce and helping them become job ready. The policy objective, as stated, is to recognise certain professional year programs as acceptable for migration purposes, thereby awarding points under the General Skilled Migration (GSM) points test for applicants who have completed such programs. The instrument specifies the professional year program run by the Institute of Chartered Accountants in Australia, CPA Australia, and the National Institute of Accountants for accounting graduates, allowing those who have obtained an Australian qualification through at least two years of study to be eligible. This initiative aims to support overseas students in gaining relevant occupational experience and meeting the criteria for migration under the GSM scheme.

Scope and Application

The explanatory statement pertains to the specification of a professional year program for accounting graduates under subregulation 2.26AA(6) of the Migration Regulations 1994. This instrument delineates that a "professional year" is a formally structured program involving both study and work experience, designed to prepare overseas graduates for their chosen occupation. Specifically, the professional year must be relevant to the occupation nominated in the graduate's General Skilled Migration (GSM) visa application. Successful completion of such a program can earn applicants 10 points under the GSM points test. The instrument specifies the professional year program run by the Institute of Chartered Accountants in Australia, CPA Australia, and the National Institute of Accountants as being acceptable for migration purposes, applicable to overseas students who have completed at least two years of study in Australia to obtain a qualification. This regulation applies to individuals who have completed the specified professional year program and aims to facilitate their transition into the workforce in Australia. The professional year program is subject to the Minister's specification, and it is crucial that the program aligns with the occupation nominated in the visa application.

Key Provisions

The main operative sections of the legislation (subregulation 2.26AA(6) of the Migration Regulations 1994) define what constitutes a "professional year" for the purposes of the General Skilled Migration (GSM) visa application process (sections 2 and 3). This definition is critical as it identifies specific programs that are recognised for migration purposes and must be relevant to the occupation nominated in the graduate's visa application (section 3). Additionally, the legislation specifies that applicants who have completed a recognised professional year program will be awarded 10 points under the GSM points test (section 4). The Act imposes several obligations on the parties it governs. Firstly, the Minister is required to specify in writing which professional year programs are acceptable for migration purposes (section 2). Secondly, these programs must be formally structured and typically involve both study and work experience, providing overseas graduates with an introduction to their chosen occupation (section 3). Thirdly, the professional year must be specifically relevant to the occupation nominated in the graduate’s visa application (section 3). Furthermore, not all occupations will have a recognised professional year program, thereby necessitating a careful selection process to ensure relevance and appropriateness (section 3). The legislation also outlines the consequences for non-compliance with its provisions. While the Explanatory Statement does not explicitly detail specific offences or penalties, it is reasonable to infer that any breaches of the regulations could lead to the invalidation of the professional year program for migration purposes. This could potentially affect the visa application process for graduates who rely on the completion of these programs to meet the required points under the GSM points test. Additionally, any misrepresentation or falsification of participation in a recognised professional year program could be considered a breach of the Migration Act 1958, leading to civil or criminal penalties, including fines and potential imprisonment, as stipulated under the broader legislative framework governing migration in Australia.