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‘Ill-timing’ 485 Visa New Rules Affecting International Students and Graduate Visa Holders in Australia

Home/Blog, News/‘Ill-timing’ 485 Visa New Rules Affecting International Students and Graduate Visa Holders in Australia

‘Ill-timing’ 485 Visa New Rules Affecting International Students and Graduate Visa Holders in Australia

Unwelcome 485 Graduate Visa New Rules

Amid the COVID-19 health emergency in Australia, the issue of Temporary Graduate Subclass 485 visa new rules has strained the international students and Subclass 485 visa holders. Even though the Department of Home Affairs has not clarified this, this is indeed an unwelcome regulation change if it is true. This article will discuss the Subclass 485 Visa more and how this change in regulation makes things “different” for you.

See the recent Student and Graduate 485 Visa new rules explained by our In-house Registered Migration Agent (MARN – 0961448) in this video:

Australian Student and graduate visa changes December 2020 COVID 19 update

In this article, you can find out about the following:

  1. FAQs About Graduate 485 Visa: What is the 485 Visa?
  2. What are the potential changes to the 485 Visa in 2021?
  3. What we can do to help you apply and get your Temporary Graduate Visa smoothly

 

1. FAQs About Temporary Graduate 485 Visa

a. What is the Subclass 485 Visa?

Suppose you are an international student holding a Student (Subclass 500) Visa who has recently graduated with a degree from an Australian institution. In that case, you may be interested in applying for this visa.

The Temporary Graduate (Subclass 485) Visa lets you temporarily live, work, and study in Australia. This avenue favours those of you who want to have full-time work experiences in Australia to add more prestige to your working resume. This pathway will also complement your academic qualification before returning to your home country or for your future visa plans in Australia.

This visa comes in two different streams, which you can apply in accordance to your circumstances in Australia. Be careful not to apply for an unfit Visa Stream.

What is the Subclass 485 Visa

b. What streams does the 485 Graduate Visa have?

  • Graduate Work Stream
    • This stream is for those who have recently completed a 2-year Diploma or Advanced Diploma qualification relevant to an occupation on the MLTSSL under the Skilled Occupation List (SOL). This visa lets you live, study, and work full time for up to 18 months in Australia.
    • To qualify for this visa, you must meet specific requirements such as completing a skill assessment in your nominated occupation, acquiring a particular English test result, and applying in a limited timeframe from within Australia.

Graduate Work Stream

Have you taken a study program that matches your background and future education and/or career plan?? Call us now to find out!

  • Post-Study Work Stream
    • This stream is for international students who have recently graduated with a degree from an Australian institution, including Bachelor’s, Master’s, and Doctoral degree (minimum two years). It lets you live, work and study in Australia temporarily for up to 24 months.
    • To be eligible for this visa, you are not required to have completed a skill assessment or a particular qualification relevant to the SOL occupations, even though you are still required to provide English test results and apply for the visa in a limited time frame from within Australia.

Post-Study Work Stream

Also read: Breaking News: Australian Temporary Graduate Visa Information 2020 for more detailed information on the requirements of this visa.

Usually, both streams must be applied from within Australia while you are holding a substantive visa but the government has recently issued some exceptions in response to the COVID-19 restrictions.

Also, the Immigration can’t grant you this visa if you have been previously granted a 485 Visa in the graduate-work stream, a second subclass 485 Visa or a subclass 476 Visa as a primary visa holder.

With this visa, you can include your family member as your dependents at the same time with your application, or to come join you on a later date.

Last year in 2020, some great news about the 485 Visa is that The Australian government has allowed Hong Kong passport holders to stay in Australia for up to 5 years for both streams.

c. How long will my 485 Graduate Visa be processed?

The processing time of the 485 Visa varies between 5 and 6 months for Graduate Work Stream, and 6 and12 months for Post-study Work Stream.

d. How much is the 485 Visa cost?

Your first Temporary Graduate 485 Visa shall cost from AUD 1,650. Meanwhile, the second-year Visa will cost from AUD 650.

e. If I have a history of a visa refusal to Australia, will I still be eligible to apply for 485 Visa?

If you have a refusal in your visa history, you might not be eligible for this visa. However you might still be eligible to apply for other visas. To be granted a visa, you must meet all relevant visa eligibility criteria. Should this case apply to you, you need to speak and discuss with our Registered Migration Agent further.

Please refer to this article for the detailed news: BREAKING NEWS: 5 Years Visa Extension for Hong Kong Residents

Do you intend to include your family members currently outside Australia as your dependents on 485 Visa? Discuss the possibility of doing it with our consultants now.

Recent unconfirmed 2021 Graduate 485 Visa changes that are considered very ‘unwelcome’:

Australian Immigration shall review and apply changes to each visa regulation annually. Meaning if you are now eligible for a certain type of visa, you might still or might not be eligible for the same visa next year.

Immigration usually changes their visa regulations in July each year.

Read more: IMPORTANT! Australian Visa Changes on July 2020

In this unprecedented time, Immigration has made some urgent changes such as the launch of the Temporary Activity (subclass 408) Visa for those affected by the pandemic.

The Immigration also initiated some 485 Visa concessions during the pandemic, which include:

  • International students holding a Student Visa Subclass 500 stranded outside Australia due to the travel restrictions are eligible to have their distance study counted toward meeting the Australian study requirements for 485 Visa application.
  • International students holding a Student Visa Subclass 500 stranded outside Australia because of the travel restrictions are eligible to apply for a 485 Visa from outside Australia upon meeting the criteria.

Read more: Australia to Change Temporary Graduate Visa Requirements

The new changes are in favor of international students and considered to be very appropriate during this hard time. However, in January 2021, Australian visa holders, especially international students holding a Student (subclass 500) Visa or dependents to Temporary Graduate (subclass 485) Visa, were shocked by the issues of very unwelcome changes affecting their eligibility for the 485 Visa application.

 

2. What Are the Potential Changes to the 485 Visa in 2021?

a. Dependent/primary applicant update

As per the new rules for Temporary Graduate visa (Subclass 485), applicants who have previously held a 485 Visa as a dependent can no longer apply for this visa as a primary applicant.

ill-timing SC 485 visa changes

For example, James is an international student in Australia who holds a Student (Subclass 500) Visa as a primary applicant. He came to Australia together with his wife, Lisa, as dependent on his Student Visa. James then applies for a Temporary Graduate (Subclass 485) Visa after finishing his studies with Lisa as a dependent on his 485 visa. Afterwards, Lisa decides to upgrade her qualification by studying in Australia. With the 485 Visa new rules, Lisa will not be able to apply for a 485 Visa as a primary applicant nor include James as a dependent on her 485 Visa even if she wants to.

Such cases shall be possible with the current regulation. In a significant unconfirmed change to migration regulations that may impact hundreds of recent graduates and their families, applicants will no longer be able to lodge a 485 Visa as a primary applicant if they have already held a temporary graduate visa as a dependent.

b. Is it official yet?

Registered Migration Agent Indah Melindasari 0961448

Our in-house Registered Migration Agent, Indah Melindasari (MARN 0961448), confirmed that The Migration Institute of Australia (MIA) has issued the following statements regarding the two changes:

  • The MIA received clarification from the Immigration that a similar arrangement will continue to apply for family members (secondary applicants) of the 485 Visa holders. And a person who held a 485 Visa as a secondary visa holder is not excluded from applying for, or being granted, another 485 Visa as the primary applicant.
  • The MIA is still waiting for further clarification from Immigration that will be posted on their website shortly.
  • The MIA stated that it is not yet clear if this primary/secondary applicant change has been due to a drafting error or is deliberate.

Contact us here to get recent updates on when this becomes official.

c. Then, what is the last change to the 485 Visa?

  • Second Post-Study Work Stream
    • Immigration announced that the 485 visa holders would be eligible for a second visa if they had studied and then lived and worked in a regional or other regional areas for two years.

Also read: Gain More Benefits to Study in the Perth Regional Areas

Previously, you could only apply for a Post-Study Work Stream for one time as the primary applicant. With this change, you can extend your stay in Australia by applying for the second 485 Visa (post-study work stream).

To apply for this second Post-Study Work Stream Visa, you must graduate with a degree from an Australian institution located in a regional area, which leads to your first 485 Visa (Post-Study Work Stream). Moreover, to be qualified for the second 485 Visa, you must have lived in an eligible designated regional area for two years at a minimum before applying for the visa.

Meanwhile, there has been a question raised for the second Post-study Work stream 485 Visa eligibility requirements. The question is whether the applicant must have undertaken their entire course at a regional or other regional educational institution. Because in some cases, you may have undertaken your course at other institutions that are not in regional areas and transfer to a regional institution before you graduate. The MIA expects to have an answer shortly on this matter.

We Can Help You!

 

3. What We Can Do To Help You Apply and Get your Temporary Graduate Visa Smoothly

The ever-changing visa rules can become very annoying and even lead to a visa refusal. Our registered Migration Agent in Australia will ensure that your visa application conforms with the most updated regulations to avoid unnecessary mistakes.

Not only giving you specific information and advice on your current status in Australia, a registered migration agent can also help you with the best options possible in regards to your situation. Also, it is always nice to feel the security of hiring professionals to take care of your case, right?

MIGRATION AGENT WITH - 100% MONEY BACK GUARANTEED CONSULTATION (1)

We have years of experience helping hundreds of international graduates obtain their 485 Visa, whatever the case was. We treat individuals differently based on their visa case to determine the best option for their future visa.

We understand that applying for a Temporary Graduate 485 Visa is certainly very complex due to the COVID-19 Pandemic. Our career development consultants at education ONE and visa specialists at ONE derland Consulting will help you assess your visa options. We have a 99% success rate and one of the most recommended education and migration agents in Australia. Read our 5.0* customers reviews and 4.9* score customer reviews.

Free Student Visa Consultation with our Consultants

If you are unsure of what the next step or options you have, or if you want to discuss your visa matter, book a FREE consultation with one of our Career Development Consultants or contact us education ONE Australia through email at study@educationone.net.au or via phone at 1300 083 663.

Our professional consultants, along with our in-house Australian Registered Migration Agents, ONE derland Consulting, will give you an insight into the possibility of your next visa application.

Also read: List of Specialist Educational Qualification in Australia

2021-03-30T06:16:53+00:00