Commonwealth of Australia
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
This instrument defines what counts as an 'academic year' for Australia's migration system. It converts academic years into concrete weeks of study to ensure consistent visa assessments.
Key points:
Who it affects: International students applying for visas that require proof of study duration (such as post-study work visas or skilled migration pathways).
Important context: The weeks must be from courses registered under the Education Services for Overseas Students Act 2000 (the ESOS Act). This ensures only legitimate registered courses count toward visa requirements.
Why it matters: Many visa pathways require completing specific study periods (commonly '2 academic years'). This prevents confusion between different education providers' semester structures by establishing a universal week-based standard.
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Direct links to the current provisions in Migration Regulations 1994 - Specification under regulation 1.03 - Definition of Academic Year - May 2009.
DEFINITION OF ‘ACADEMIC YEAR’
(REGULATION 1.03)
I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under regulation 1.03 of the Migration Regulations 1994 (‘the Regulations’):
SPECIFY that:
(a) 1 academic year is at least a total of 46 weeks, being the duration of a course or courses registered under s 9 of the Education Services for Overseas Students Act 2000;
(b) 2 academic years is at least a total of 92 weeks, being the duration of a course or courses registered under s 9 of the Education Services for Overseas Students Act 2000;
(c) 3 academic years is at least a total of 138 weeks, being the duration of a course or courses registered under s 9 of the Education Services for Overseas Students Act 2000;
for the purposes of Regulation 1.03 of the Regulations.
This Instrument (IMMI 09/040) takes effect on 15 May 2009.
Dated 14 May 2009
CHRIS EVANS
Minister for Immigration and Citizenship
[NOTE 1: The definition of academic year in regulation 1.03 of the Regulations, provides that, academic year means a period that is specified, in an instrument in writing.]
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
DEFINITION OF ‘ACADEMIC YEAR’
(REGULATION 1.03)
I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under regulation 1.03 of the Migration Regulations 1994 (‘the Regulations’):
SPECIFY that:
(a) 1 academic year is at least a total of 46 weeks, being the duration of a course or courses registered under s 9 of the Education Services for Overseas Students Act 2000;
(b) 2 academic years is at least a total of 92 weeks, being the duration of a course or courses registered under s 9 of the Education Services for Overseas Students Act 2000;
(c) 3 academic years is at least a total of 138 weeks, being the duration of a course or courses registered under s 9 of the Education Services for Overseas Students Act 2000;
for the purposes of Regulation 1.03 of the Regulations.
This Instrument (IMMI 09/040) takes effect on 15 May 2009.
Dated 14 May 2009
CHRIS EVANS
Minister for Immigration and Citizenship
[NOTE 1: The definition of academic year in regulation 1.03 of the Regulations, provides that, academic year means a period that is specified, in an instrument in writing.]