Study on Bridging C, D or E Does Not Count

This restrictive provision, Reg 2.27D[1] now applies:

2.27D  Study in Australia

In determining whether an applicant satisfies a criterion for the grant of a General Skilled Migration visa that the applicant has studied in Australia for a certain period, a period of study cannot be counted unless the applicant:

(a)        held:

(i)         a substantive visa; or

(ii)        a Subclass 010 (Bridging A) visa; or

(iii)       a Subclass 020 (Bridging B) visa;

authorising him or her to study during that period; and

(b)complied with the conditions of that visa.

Obviously students with authority to study on a Bridging C, D or E could not count that study.  Students affected by this may have to do an additional course while holding a qualifying visa while doing a calculation of whether the student has done the equivalent of 2 years of academic study.  The situation is slightly complicated by the fact that 2 years of academic study can be done in 16 months recognising that 2 years of study is 4 academic semesters and that by doing a summer semester, a student can achieve the 2 year rule in 16 months.

Students who have had their visas cancelled ordinarily go onto a bridging visa E.  But if the student’s visa cancellation is overturned then at common law it means that the visa was never cancelled. On that basis then the bridging E would not be a disqualifying visa for the purposes of Reg 2.27D.

[1] See Item 28 Sched 1, Migration Amendment Regulations 2007 (No 7) 1.9.07