EXPLANATORY STATEMENT
Migration Regulations 1994
PROFESSIONAL YEAR PROGRAMS
(SUBREGULATION 2.26AA(6) DEFINITION OF “PROFESSIONAL YEAR”)
- This instrument is made under subregulation 2.26AA(6) of the Migration Regulations 1994 (‘the Regulations’).
2. Subregulation 2.26AA(6) of the Regulations provides that “professional year” means a course specified by the Minister in an instrument in writing for this definition.
3. A “professional year” is intended to be a formally structured program that usually involves both study and work experience. It serves to provide overseas graduates with an introduction to their chosen occupation. In recognition of the value of these programs in assisting former overseas students to become job ready, the Minister specifies certain professional year programs as being acceptable for migration purposes. The professional year must be specifically relevant to the occupation nominated in the graduate’s General Skilled Migration (GSM) visa application. Not all occupations will have a professional year that is recognised for migration purposes.
4. Applicants who have completed a specified professional year in their nominated occupation or a closely related occupation will be awarded 10 points under the GSM points test.
5. The purpose of the Instrument is to specify the professional year program run by Engineers Australia which is available to engineering graduates for the purposes of subregulation 2.26AA(6).
6. The professional year for engineering graduates is available to overseas students who have obtained an Australian qualification in Australia as a result of at least two years of study.
7. Consultation was undertaken with Engineers Australia to create the professional year for overseas engineering graduates.
8. The Instrument, IMMI 08/074, commences on 27 October 2008.
Overview
The Migration Regulations 1994, which were enacted to regulate the migration of individuals into Australia, include a specific provision under subregulation 2.26AA(6) defining "professional year". The problem or gap this legislation was introduced to address is the need to recognise and facilitate the integration of overseas graduates into the Australian workforce by specifying certain professional year programs that are acceptable for migration purposes. The enacting body is the Australian Parliament, and the policy objective, as stated in the explanatory statement, is to assist former overseas students in becoming job ready by awarding 10 points under the General Skilled Migration (GSM) points test to applicants who have completed a specified professional year in their nominated occupation. The instrument specifies the professional year program run by Engineers Australia for engineering graduates, which is available to overseas students who have obtained an Australian qualification in Australia through at least two years of study.
Scope and Application
The instrument modifies the Migration Regulations 1994 to specify a professional year program for engineering graduates under subregulation 2.26AA(6), which defines "professional year" for migration purposes. This program is intended to provide overseas graduates with structured study and work experience to facilitate their transition into the workforce in their chosen occupation. The professional year must be relevant to the occupation nominated in the graduate’s General Skilled Migration (GSM) visa application. Completing a specified professional year can earn the applicant 10 points under the GSM points test. This instrument specifically recognises the professional year program run by Engineers Australia for engineering graduates who have obtained an Australian qualification after at least two years of study. The instrument was created following consultation with Engineers Australia and commenced on 27 October 2008.
Key Provisions
The Migration Regulations 1994, as amended by this instrument, define a "professional year" under subregulation 2.26AA(6) (paragraph 2). This definition specifies that a professional year is a course designated in writing by the Minister, designed to provide overseas graduates with an introduction to their chosen occupation through a combination of study and work experience. The professional year program must be relevant to the occupation nominated in the graduate's General Skilled Migration (GSM) visa application (paragraph 3). Not all occupations will have a recognised professional year program for migration purposes.
The Regulations impose specific obligations on applicants who have completed a specified professional year program. To qualify for points under the GSM points test, applicants must have completed a professional year that is specifically relevant to their nominated occupation or a closely related occupation (paragraph 4). The professional year must be part of a formally structured program that includes both study and work experience, and it must be recognised by the Minister for migration purposes (paragraph 3). Additionally, applicants must have obtained an Australian qualification as a result of at least two years of study in Australia (paragraph 6).
There are no specific offences, penalties, or consequences outlined in the instrument for failing to comply with the requirements of the professional year program. However, failure to meet the criteria for a professional year program or to provide the necessary documentation could result in the rejection of a GSM visa application. The instrument specifies that the professional year program run by Engineers Australia is acceptable for migration purposes, and it commences on 27 October 2008 (paragraph 8). The main consequence of non-compliance would be the inability to gain points under the GSM points test for having completed a professional year program.