VIC Australian Study Requirement confusion

Discussion in 'Immigration Law Forum' started by Euwyn Goh, 8 March 2019.

  1. Euwyn Goh

    Euwyn Goh Member

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    Hi!

    Need help URGENTLY!!! I'm an international student graduating this year July 2019. I'm looking to get the 485 TR visa, followed by the 186 employer-nominated visa. I need advice on the Australian Study Requirement. I understand the ASR requires 2 years/92 weeks of study, and I'm unclear even after several calls to the DHA. Here's my case:

    - The 3-year course I am doing is 156 weeks of study (based on CRICOS).

    - I transferred to Australia midway through, so instead of 3 years I spend 2 years here. So 2/3 years x 156 weeks = 104 weeks.

    - A full 2-years/104 weeks consists of 4 semesters, each semester with 4 units = 16 units (full 3 years/156 weeks would = 24 units). So 16/24 units x 156 weeks = 104 weeks. Now the thing is, I did 13 units instead of 16 units. And 13/24 units x 156 weeks = 84 weeks which is under the 92 week requirement. I would need to do 2 more units to satisfy the ASR (15/24 units x 156 weeks = 97.5 weeks).

    I eventually concluded with some options I'm exploring:

    Option 1- IF I don't fulfil the ASR and I need to do 2 more units? Is there a chance I can apply for exceptions (due to reasons below)? On one call to the DHA, I was advised to submit my visa 485 application with an agent and cite my case, and that the case officer may exempt from the ASR.

    Things to note: 1) I will be completing my degree July 2019. Adding 2 units would be absolutely pointless in my degree. It just doesn't seem to make much sense, costing so much time and money.

    Option 2- IF I don't fulfil the ASR and I need to do 2 more units? Is there a chance there is a different visa route I could take does not require the ASR? I am interning with an employer as an accountant who's looking to take me on full time and most likely sponsor my visa. On one call to the DHA, I was told about TR visa 482 (that did not require ASR) and recommended to go through visa 482 and then 186 for a ASR-free employer-nominated route. But upon reading online, it seems like visa 482 requires 2 years prior working experience (which I may need some clarification on how the visa works and if I may be eligible!)

    Option 3- I do the 2 units because I have no better alternatives. Perhaps I can do a professional year? At least I would gain 5 points while working to meet the ASR. Exploring study options that may be more useful or cheaper as well, such as taking 2 easy-pass units up in a low-cost registered institution.

    Really need some advice as DHA calls have been pretty contradicting and I'm really confused! Please let me know if there are other options I could explore.
     
  2. Kon-ming Tsai

    Kon-ming Tsai Active Member

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    16 March 2019
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    Hi, you may find your answers on my FAQ and blog post on 485 visa - www.denovolegal.com.au.
     
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