PY Validity Is Only Three Years, Not Four — Let’s Prove It Using the Migration Act


This

article was written by Jason ZHANG,

a MARA-registered migration agent,

CTO of the Newstars Group and gold-medal study-abroad and migration consultant at the Melbourne branch, pen name Mitu Weiyuan.


He has extensive experience handling migration and study-abroad matters, enjoys using the Migration Act to solve all kinds of visa problems, and specialises in tackling all sorts of “tricky cases”. He has authored dozens of in-depth migration and study-abroad articles for Newstars, helping applicants understand not just what to do, but why.


A misconception has long circulated in the industry that the PY validity period runs for four years from the date the certificate is issued. In fact, according to the legislators behind the Migration Act, that isn’t quite right.Legally speaking, the PY validity period actually runs for four years from the start date of the PY(since a PY generally takes 10 months to complete, in practicethe PY validity period works out to roughly 3 years and 2 months from graduation), and this is by no means nonsense.Today, I’ll use the Migration Act to prove it.I’m confident that once you’ve read this, you’ll agree with me.


The legal provisions on migration points scoring are all set out in the current Migration ActMigration Regulations 1994‘sSchedule 6D provisions, described very precisely. You can download the latest Migration Act here: https://www.legislation.gov.au/Details/F2021C00297/Download — four volumes in total, with Schedule 6D in Volume 3.


For example,the points awarded for ageare described as follows:


So, if someone’s date of birth is 28 April 1988, then on 27 April 2021, since they are 32 years and 364 days old, they are still under 33, and therefore still score 30 points for age.


What about PY bonus points?

So how are the PY bonus points described? See the image below:

As you can see above, the PY must be at least 12 months long (in practice, once holidays are excluded, 44 weeks satisfies the requirement — and this has always been the standard length for every PY),and those 12 months of PY must fall within the 48 months before the moment of invitation.


Some people might wonder — editor, is your English actually up to it? Is that really how this sentence should be read? Doesn’t the original wording of the lawseem toallow for the reading that it’s fine as long as the completion date simply falls within the last 48 months?


To prove that my English is at least passable, here’s the evidence.


Let’s start withwork experience bonus points, as everyone knows,only work experience from the most recent 10 years can earn points, while any work experience outside that 10-year window cannot be counted towards the points,and there shouldn’t be any argument about that. So how does the Migration Act describe the work experience points? Let’s take one year of Australian work experience points as an example:


As you can see, regardingwork experience, the English text pointed to by the arrow in the image above reads:

for a period totalling at least 12 months in the 10 years immediately before that time


and regardingProfessional Yearthe passage in question reads:

for a period totalling at least 12 months in the 48 months immediately before that time


Please compare the two descriptions carefully, and you’ll find thatthe two sentences are identical except for10 yearsand48 months, which differ — every other English word is exactly the same.Therefore, the 12 months of PY must fall within the 48 months, just as 12 months of work experience must fall within the most recent 10 years.


This proves that,from the perspective of the legislators behind the Migration Act, the PY validity period is in factfour years counted from the start date of undertaking the PY, not four years from the date of PY graduation.


If you’re interested, feel free to download the latest Volume 3 of the Migration Act — you’ll find screenshots of these original legal texts in Schedule 6D.


QED.


If you’d like further advice on this topic or wish to arrange the relevant service, feel free to scan the QR code to contact the author (a MARA-registered migration agent, licence number 1805429)

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