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Your Honorable Mr. Philip Ruddock MP

Suite MF 40
Parliament House
Canberra ACT 2600

Tel: (02) 6277 7860
Fax: (02) 6273 4144


OUR Ref: Skilled Migration

Date: 17 April 2002

Dear Your Honourable Mr. Philip Ruddock, MP,

We write to you on the issue of the change of general skilled migration as referred to in MPS18/2003.

For the purpose of this submission, we reproduce the relevant provisions:

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"On 31 March 2003, the Minister for Immigration and Multicultural and Indigenous Affairs, Philip Ruddock, announced changes to take effect on 1 July 2003 within the general skilled migration category.

These changes are subject to amendments to the Migration Regulations.

The changes in summary are:

Overseas students will be required to have completed at least 2 years study while physically in Australia before they qualify for bonus points or the work experience exemption;
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Comments on the date when new policy take effects.

I believe that the rationale of this 2 year policy is to encourage overseas students to live and study at least 2 years in Australia, as a matter of fact, while almost all postgraduate diploma courses in Australia are 1 year in duration, most of master courses offered in Australia are either 1 year or 1.5 years in duration. The rationale to have experience exempt qualification no less than 2 years in duration is not very fair for those students who already enrolled in a Graduate course before this announcement was made, extremely, for those who will finished their Graduate studies in this July.

For those students who are in their last semester when the announcement was made, the exams will be held in the end of June and results will be released in early July, this is, no students could get the completion letter which is compulsory to make a valid application for either a 497 graduate-skilled visa or an 880 skilled-immigration visa before 1 July, to avoid the effect of this new policy.

Though some are thinking about further study in Australia, as recommended on DIMIA website, there is a related question in this regard. That is, whether a further study after successfully completing one postgraduate qualification, regardless of 1 year or 1.5 years, will be counted towards calculating the 2 years, as it will not satisfy the current legislative wording of “an applicant who has, in the 6 months immediately before the day on which the application was made, completed a degree, diploma or trade qualification for award by an Australian educational institution as a result of at least 1 year of full-time study in Australia (emphasis added)”. The circumstance that two major definition, "2 year full time study" and "relevancy between study and nominated occupation", are still unclear, made this choice very vaguely.

Also the feedback from the International office of major university like, UNSW, USYD, UTS and UWS: new enrolment could not be approved until students obtain the completion letter for current studies in July but no Universities guarantee any positions available at that time. This, may, be another no through way for students who want to continue study immediately after completion of their first degree.

For these overseas students, applying for a skilled-immigration visa were already their plans even before they came to Australia. This was also a major reason for Australia to attract so many overseas student last two years. However, when they almost finished their 1.5 years studies, this three-month notice gives them no choice but leave Australia after this July to do other arrangement. And we're all sure that the amount of students in such situation is quite large.

As a result, we submit the following proposal for the Minister to consider:


1. Making a deferment and new changes take effect on 1 Oct, 2003. Make sure give those students who finish studies in July enough time to do any new arrangement.

We are trying to create a channel through which your view can be heard directly by those students who have put on their trust on us.

Thanks for your attention.

Yours faithfully,

 

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