Temporary Graduate Visa subclass 485 Post Study Work and Graduate

485 Visas Not as Easy as you think! It can be refused!

There are a number of recent and old cases where the applicant for a 485 visa has just followed directions given on a web site (including the Government web site) without seeking professional advice and the visa was refused with devastating consequences. Do not fall in to that trap. 485 Visas are Not as Easy as you think! It can be refused!

The following cases illustrate that applying for a subclass 485 visa “ain’t” as simple, easy and straightforward as it may appear to be!!!

You just need to look at decisions of the AAT and Federal Courts on Austlii, and you will see that it is not uncommon for applications to get refused. It will also be difficult to win through merit review proceedings at the Administrative Appeals Tribunal (AAT) or judicial review proceedings in the courts as evident from the cases from the link above.

The two main take home points from these cases would be

To take professional legal advice from a migration agent who is also an actual lawyer in Australia as opposed to a non-lawyer migration agent.
The cautious approach would be sure to have available all materials that must “accompany” the application and to upload onto ImmiAccount immediately (at least on the same day!) after an on-line application is submitted.

Conclusion is that the 485 Visas are Not as Easy as you think.

The VC-485 visa does not require the support of an employer sponsor, an Australian relative sponsor or a nominating State/Territory.

Class VC streams

The primary VC-485 applicant must choose to apply for one of its two streams:

Graduate Work stream
Post-Study Work stream (The qualifying visa requirements of item 1229(4)(a) must also be met.)

The VC-485 primary applicant must nominate which stream of the visa they are applying for. They may select only one stream (item 1229(3)(j)).

Applicants cannot change the stream they have selected after their application has been made.

Graduate Work stream

The Graduate Work stream is open to graduates with an eligible qualification, including those from the Vocational Education and Training (VET) sector, who graduate with skills and qualifications that relate to an occupation that is considered in demand in the Australian labour market, as indicated in the Skilled Occupation List (SOL).

Learn more – 485 – Graduate Work Stream

Post-Study Work stream

The Post-Study Work stream is open only to overseas students who have recently graduated with an eligible higher education degree from an Australian educational institution, regardless of their field of study. This stream is available only to persons who applied for, and had been granted, their first student visa on or after 5 November 2011 – refer to Regulations Schedule 1 item 1229(3)(l).

Learn more – 485 – PSWV – Post Study Work Stream

Among other things this means that the applicant:

Eligibility for VC-485 – Regulatory requirements

Generic Schedule 1 item 1229 valid application requirements

The following six Schedule 1 item 1229 requirements for making a valid Class VC application are self-explanatory:

1229(1) (application form)
1229(2) (visa application charge)
1229(3)(c) (where and how application must be made)
1229(3)(f) (location if applying as a family member of a Class VC visa holder)
1229(3)(g) (location, all other applicants)
1229(3)(h) (provision for combined application).

Common Criteria

There are a number of criteria which are common to both the PSWV (Post Study Work) stream and the Graduate Work Stream:

Age: The main applicant must be under 50 at the date of lodgement.
English: The main applicant must demonstrate their English language ability, either through holding certain types of passport or by undertaking an English test. Evidence of threshold English must be provided at date of lodgement
Study in Australia: You must meet the 2 year study requirement and have completed qualifications within six months of applying for the visa.
Points Test: The Temporary Graduate subclass 485 visa is not points-tested.

Do I Apply in Australia or Overseas?

The primary applicant must be in Australia when they make their application for a 485 visa, and must have held an eligible student visa within the 6 month period prior to lodgement.

Including Family Members

You can include the following types of family members in your application:

Spouses, defacto partners and same-sex partners
Dependent children

If you already hold a 485 visa, you can apply for family members to join you in Australia on 485 visas.

Duration and Conditions

Duration of the 485 visa will depend on your circumstances.

Gradate Work stream visas are valid for 18 months from the date of grant of the application.

Duration of the PSWV depends on which qualification has been completed in Australia as follows:

2 years: completion of Bachelor Degree, Bachelor with Honours, Masters by Coursework or Masters (Extended)
3 years: Masters by Research
4 years: Doctorate

Whilst on a 485 visa, you have unrestricted work rights in Australia.

You must maintain private health insurance whilst on a skilled graduate visa. A list of the major providers is at 485 Visa Insurance.

Dlegal has assisted thousands of international students to obtain permanent residence in Australia – please book an appointment with one of our immigration lawyers if you would like assistance with your visa application.

Below Glossary Key defined term must be read with Migration Act 1958 (“the Act”) and Migration Regulations 1994 (“the Regulations”) and associated administrative processes.

Glossary Key defined terms As listed in 485.111.

Age requirement – Refer to item 1229(4) (b). The primary applicant must be less than 50 years old at the time of Class VC application.

For Australian study requirement refer to:

the regulation 03definition
regulation 15F
PAM3: Div 1.2/reg1.15F – Australian study requirement.

For degree refer to:

regulation 26AC(6)- degree
PAM3: Div2.6 – Division 2.6, reg. 2.26AC and related provisions.

For diploma refer to:

regulation 26AC(6)- degree
PAM3: Div2.6 – Division 2.6, reg. 2.26AC and related provisions.

For registered course refer to:

the regulation 03definition
PAM3: Sch2 Visa 500 – Student.

For relevant assessing authority refer to:

the regulation 03definition
regulation 26B
PAM3: Div2.6 – Regulation 2.26B.

For skilled occupation refer to:

the regulation03definition
regulation 15I
PAM3: Div1.2/reg1.15I.

For trade qualification refer to:

regulation 26AC(6)– trade qualification
PAM3: Div2.6 – Division 2.6, reg. 2.26AC and related provisions.

If primary applicant fails, all fail

Items 1229(3) and (4) specify requirements that the Class VC primary applicant must meet in order for any Class VC application to be valid.

These include: primary applicants must meet item 1229(3) and (4) requirements in their own right in order to have made a valid Class VC application and Secondary applicants will not have a valid Class VC application unless the primary applicant meets those requirements. In other words, secondary applicants will not have a valid application unless the primary applicant has made a valid application.

Special offer/bonus discount 880 Aud (*T & C’s apply)

January 2020 – Special offer – T & C’s

Must start the process and pay before 31 Jan: 2020 to get the special price and only available to applicants signing up from 18/01/2020 to 31/01/2020.
Special price for an individual applicant 1100 Aud (dependent 220 Aud) Normal fee 1500 Aud
If you refer to applicants who starts the process with us before 31 Jan: 2020 – the special rate for both of you is 880 Aud (dependent FREE) – Bonus discount
This fee is not applicable for complicated matters.
All consultations done via online (only if required we will ask you to attend our office)
Only apply to Post-Study Work stream applicants (the discount offer is ALSO available to Graduate Work stream applicants with an additional 330 Aud for the skills assessment)
If your situation is complicated, you must first book a paid, in-depth assessment before we offer you the discount.
The Dlegal management retain the right to withdraw the offer any time during the process, especially if incorrect or fraudulent information was provided.

*Average MARA fee 1745

The Office of the Migration Agents Registration Authority (MARA) publishes registered migration agent fee data on their website: www.mara.gov.au. The “MARA Fee” that we have quoted is the average fee charged by registered migration agents for the relevant visa subclass and is calculated on the data published by the MARA (as at 22.01.18).

Temporary Graduate Visa subclass 485 Post-Study Work and Graduate Work streams

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