If you’ve studied in a regional area of Australia and are applying for a skilled visa, you may be eligible to claim additional points for regional study. But what happens if some of your course credits were transferred from a non-regional institution? This is a nuanced area that can catch applicants off guard, and it’s important to understand the rules before making a points claim.
What Are Regional Study Points?
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Under Australia’s points-tested skilled visa system, applicants can claim 5 additional points for completing a qualification while studying and living in a regional area of Australia. This is designed to encourage international students to study outside of major capital cities like Sydney and Melbourne.
To claim these points, you generally need to have:
- Completed a qualification that meets the Australian Study Requirement (ASR)
- Studied at an institution located in a regional area
- Lived in a regional area during the period of study
The Credit Transfer Question
A common scenario arises when a student completes most of their course at a regional campus but receives credit transfers or advanced standing for units completed at a non-regional institution. For example, you might complete a Master’s degree on the Gold Coast (a regional area) but have two units credited from a previous enrolment at a Melbourne university.
The key question is: does this affect your ability to claim regional study points?
What the Legislation Says
The legislative requirements for regional study points are set out in Regulation 6D101 of the Migration Regulations. The regulation focuses on whether the applicant completed a course of study at an institution in a regional area. The Procedures Advice Manual (PAM) also references the concept of the “whole course” being completed in a regional area.
However, the interpretation of how credit transfers affect this requirement is not always straightforward. Migration professionals have differing views on this issue:
- One view is that if any credits were transferred from a non-regional institution, the “whole course” was not completed in a regional area, and therefore the points cannot be claimed.
- Another view is that the legislation looks at where the qualifying course was completed, and if the applicant met the ASR through their regional study (even with some credit transfers), the points can still be claimed. The applicant physically lived and studied in the regional area for the required period.
Practical Considerations
If you’re in a similar situation, here are some important things to consider:
- Check the ASR first: Make sure you still meet the Australian Study Requirement after accounting for any credit transfers. The ASR requires at least 16 months of study completed in at least 2 academic years.
- Document your regional residence: Keep evidence that you lived in the regional area during your entire study period, including lease agreements, utility bills, and bank statements.
- Consider the risk: If your points claim is borderline, getting the regional study points wrong could mean the difference between meeting the points threshold and falling short.
- Get professional advice: Given the ambiguity in this area, it’s worth consulting a migration agent who can assess your specific situation and advise on the best approach.
Points claims are one of the areas where small details can have a big impact on your visa application. If you’re unsure whether your study qualifies for regional study points, we can help you work through the requirements.
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Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal or migration advice. Visa rules and policies can change, and individual circumstances vary. We recommend booking a consultation with one of our registered migration agents for advice tailored to your specific situation.
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