Graduate Temporary Subclass 485 Visas – General Skilled Migration

On this page

  1. 485 Visas Not as Easy as you think! It can be refused!
  2. Eligibility Streams
  3. 485 – Graduate Work Stream
  4. 485 – PSWV – Post Study Work Stream
  5. Common Criteria
  6. Do I Apply in Australia or Overseas?
  7. Including Family Members
  8. Duration and Conditions
  9. 485 Visa Health Insurance Requirement
  10. English language For 485 visa
  11. Subclass 485 – Temporary Graduate – Offshore lodgement and grant permitted

 

01. 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 below.

  • Joseph v Minister for Immigration and Border Protection (2018) FCCA 1478 (25 May 2018)

The applicant, a citizen of India, had undertaken a Master of Engineering at Deakin University, with the course running from 25 February 2013 – 9 July 2015. On 25 June 2018 he applied for the 485 visa before completing his studies. His application for the visa was refused as he did not comply with clause 485.231(3) of the Migration Regulations 1994 (Cth). This decision was upheld by the Administrative Appeals Tribunal.

  • Lumbini & Ors v Minister for Immigration & Anor (2018) FCCA 1142 (22 May 2018).

This applicant ran into difficulty with clause 485(1) of Schedule 2 of the Migration Regulations 1994. The applicant lost on a technicality, even though the applicant had health insurance from the time that the application was lodged, the fact that evidence was not provided at the time the application was made nor in response to a letter from the Department seeking further information from the applicant, the Tribunal concluded that clause 485.215(1) was not satisfied. This case also shows the importance of retaining a lawyer for migration matters.

  • Nguyen v Minister for Immigration & Anor (2016) FCCA 1523

The applicant sought a review of the decision by the Administrative Appeals Tribunal. The Tribunal had found that documents uploaded to the application 29 days after the application was lodged resulted in the applicant’s application being unaccompanied by evidence as required by clause 485.223. The decision of the Tribunal was upheld.

  • Anand v Minister for Immigration & Citizenship(2013) 215 FCR 562

Justice Katzmann concluded that “I am prepared to accept that evidence accompanying an application could be supplied after the application is lodged”.

 

The Temporary Graduate subclass 485 visa is work visa for international students who have completed 2 years of study in Australia. It can last from between 18 months and 4 years depending on your situation.

It is a good way to extend your stay in Australia to improve your chances of becoming eligible for a permanent or provisional skilled visa.

02. Eligibility Streams

There are two eligibility streams for the Temporary Graduate Subclass 485 Visa:

  • Post Study Work Stream: commonly referred to as the Post Study Work Visa (PSWV). This eligibility stream was introduced in March 2013 for students applying for their first student visa after 5 November 2011
  • The Graduate Work Stream: criteria are similar to the 485 Graduate Skilled visa as it was prior to March 2013

 

03. 485 – Graduate Work Stream

The Graduate Work stream of the 485 subclass visa is an 18 month visa available to international students who complete studies in Australia taking 2 academic years or more.

It is a great option for students who would like to extend their stay in Australia after their studies. It also helps those who are seeking to stay in Australia permanently – either through General Skilled Migration or employer sponsorship.

What does the Visa Allow Me to Do?

The visa is valid for 18 months from the date of grant. It has full work rights, and also full study rights. It allows you to travel freely to and from Australia during the validity of the Visa.

What is the Australian Study Requirement?

You must complete a course or series of courses in Australia which take at least 2 academic years. There are a number of requirements:

  • You can count studies at the diploma level or higher, and also Certificate III courses in trade occupations. This would include diplomas, advanced diplomas, bachelor degrees, graduate diplomas, masters, and PhDs
  • Your studies need to be “closely related” to your nominated occupation
  • The studies must be registered on CRICOS (see http://cricos.deewr.gov.au), and the total registered study period according to CRICOS must be at least 92 weeks
  • If you have exemptions due to overseas studies, these may count against you when calculating the 92 week requirement
  • You can count more than one course, providing each course meets the above requirements and results in 2 academic years of study
  • You can have a break in between studies and still meet the 2 year study requirement

Which Occupations Can I Choose From?

You must nominate an occupation on the Skilled Occupations List.

Do I Need My Skills Assessed?

You will need to pass skills assessment in your nominated occupation – this will depend on the occupation and will generally be based on your qualifications, English language ability and any registration requirements.

Many skills assessing authorities have lower requirements for 485 applicants – this includes the accounting bodies, VETASSESS, Trades Recognition Australia and the Australian Computer Society.

The skills assessment must be lodged prior to the 485 visa application, but need not be completed at lodgement. It is important to ensure that you are able to meet the skills assessment requirements for your occupation, otherwise, your visa application will be refused.

What is the English Language Requirement?

You will need to establish your English language ability when you lodge your 485 visa application.

You can show this in one of the following ways:

  • Hold a passport from the UK, Ireland, USA, Canada or New Zealand; or
  • IELTS (Academic or General Training): overall average of 6 and at least 5 in each band; or
  • Occupational English Test (OET): B Pass in each band; or
  • Pearson (PTE Academic): overall average of 50 with at least 36 in each band; or
  • TOEFL iBT (Internet Based Test): total score of 64, with at least 4 in Listening and Reading, and at least 14 in Writing and Speaking; or
  • Cambridge (CAE): 169 overall average with at least 154 in each band.

Note that from 18 April 2015, average band scores apply with lower minimum scores apply to most English tests for the purposes of 485 visas.

What are the Health Insurance Requirements?

You will need to show that you have adequate arrangements for health insurance when your 485 visa is granted. Whilst it is OK to have OSHC (Overseas Student Health Cover) at the time of application, you will need Working Visa cover for approval of your 485 visa.

You also need to maintain your Working Visa cover whilst you hold your 485 visa. If you do not maintain this level of cover, your 485 visa might be cancelled.

Do I need Health Checks?

You would generally need to do medicals for grant of a 485 visa. If you’ve recently applied for a student visa extension, you may be able to re-use these medicals.

Will I need Police Checks?

You will need an Australian Federal Police (AFP) Check for yourself and any members of your family aged 16 or over. You must apply for the AFP checks prior to lodgement of your 485 visa.

Note that from February 2015, police checks for countries you have lived in outside Australia are no longer required.

Are There Time Limits in Applying?

You must apply for your 485 visa within 6 months of completion of your Australian studies. You must either hold a student visa when you apply, or to have held a student visa within the last 6 months. You must also make sure that you apply prior to expiry of your student visa, or at least have applied for another visa and are on a bridging A or B visa when the 485 application is lodged.

Do I Get a Bridging Visa When I Lodge?

When you apply for your 485 visa, you would in general receive a Bridging A visa allowing you to remain in Australia during processing of your 485 visa application.

The Bridging A visa has full work rights. If you held a substantive visa (eg student visa) when you apply for your 485, the work rights on the bridging visa will come into effect when the substantive visa expires.

The Bridging A visa may cease if you depart Australia. If you wish to travel whilst waiting for a decision on your 485 visa, you may wish to apply for a Bridging B visa to facilitate your travel.

How Long Will it Take?

485 visas are currently taking 2-3 months to process for a complete application.

04. 485 – PSWV – Post Study Work Stream

The Post Study Work stream of the 485 subclass visa or PSWV is a work visa lasting between 2 and 4 years. Students need to complete studies at the Bachelor, Masters or Doctorate level which take at least 2 academic years.

It is a great option for students who would like to extend their stay in Australia after their studies. It also helps those who are seeking to stay in Australia permanently – either through General Skilled Migration or employer sponsorship.

Validity Period

The duration of the visa depends on which studies have been completed as follows:

  • PhD: 4 years
  • Masters by Research: 3 years
  • Masters by Coursework or Bachelor Degree: 2 years

What does the Visa Allow Me to Do?

The visa has full work rights, and also full study rights. It allows you to travel freely to and from Australia during the validity of the visa.

What is the First Student Visa Requirement

You can only qualify for a Post Study Work Visa if you have applied for and been granted your first student visa on or after 5 November 2011.

If you have held a student visa which you applied for prior to 5 November 2011, then you are not eligible. This would include situations where you have studied and returned to your home country, have held a visa to study non-award courses or English courses, or even if you held a student visa as a dependent.

Even if you hold a student visa which you did apply for on or after 5 November 2011, you will still be ineligible if you have held a student visa which you applied for prior to this date.

Note that it is the date you applied for the visa which is critical, not the date of grant.

If you made a student visa application prior to 5 November 2011 but it was not approved (eg due to refusal or because you withdrew your application), then you may still be eligible.

What is the Australian Study Requirement?

You must complete a course or series of courses in Australia which take at least 2 academic years. There are a number of requirements:

  • Only studies at the Bachelor, Masters or Doctorate level count towards the 2 years requirement
  • The studies must be registered on CRICOS (see http://cricos.deewr.gov.au), and the total registered study period according to CRICOS must be at least 92 weeks
  • If you have exemptions due to overseas studies, these may count against you when calculating the 92 week requirement
  • You can count more than one course, providing each course meets the above requirements and results in 2 academic years of study
  • You can have a break in between studies

Which Occupations Can I Choose From?

There is NO occupations list for the Post Study Work Visa – the area of specialisation is not relevant providing your studies are at the right level.

Do I Need My Skills Assessed?

Skills assessment is NOT required for the post study work visa.

What is the English Language Requirement?

You will need to establish your English language ability when you lodge your 485 visa application.

You can show this in one of the following ways:

  • Hold a passport from the UK, Ireland, USA, Canada or New Zealand; or
  • IELTS (Academic or General Training): overall average of 6 and at least 5 in each band; or
  • Occupational English Test (OET): B Pass in each band; or
  • Pearson (PTE Academic): overall average of 50 with at least 36 in each band; or
  • TOEFL iBT (Internet Based Test): total score of 64, with at least 4 in Listening and Reading, and at least 14 in Writing and Speaking; or
  • Cambridge (CAE): 169 overall average with at least 154 in each band.

Note that from 18 April 2015, average band scores apply with lower minimum scores apply to most English tests for the purposes of 485 visas.

What are the Health Insurance Requirements?

You will need to show that you have adequate arrangements for health insurance when your 485 visa is granted. Whilst it is OK to have OSHC (Overseas Student Health Cover) at the time of application, you will need Working Visa cover for approval of your 485 visa.

You also need to maintain your Working Visa cover whilst you hold your 485 visa. If you do not maintain this level of cover, your 485 visa might be cancelled.

Adequate arrangements for health insurance

Overview

To satisfy 485.215, at the time the application was made it needs to have been accompanied by evidence that the primary applicant:

  • had adequate arrangements in Australia for health insurance (485.215(1)) and
  • has had adequate arrangements in Australia for health insurance since the time the application was made (485.215(2)). That is, to cover the period between when the visa application was made and when a decision is made on the visa.

The same requirements apply to secondary applicants – refer to 485.312.

The requirement to have adequate arrangements for health insurance in Australia for the duration of the applicant’s stay is supported through the imposition of condition 8501 on all VC-485 visas – refer to VC-485 visa conditions.

For policy and procedure, refer to PAM3: Sch8/8501 – Maintain health insurance.

Overseas Student Health Cover (OSHC)

Applicants who are also Student visa holders may present evidence of a valid Overseas Student Health Cover (OSHC) policy at time of visa application to satisfy 485.215(1). However, OSHC may not be acceptable for the purpose of 485.215(2) (i.e. from the time the visa application is made until the time of decision). This is due to the eligibility and claim requirements of the OSHC insurance which requires a holder of OSHC to be:

  • a person holding a student visa, OR

A person who:

  • has made an application for a student visa; and
  • is the holder of a bridging visa; and
  • was immediately before being granted a bridging visa, the holder of a student visa

If the applicant moves from their Student visa to a bridging visa when their Student visa ceases (without making a further student visa application), they will be required to obtain a non-OSHC policy to meet the health insurance requirement of 485.215(2) for their VC-485 visa application immediately after their OSHC ceases.

If the applicant’s student visa is still valid at the time of decision for their VC-485 visa application and they have not obtained non-OSHC health insurance, the case officer should request evidence of adequate arrangements for health insurance from the applicant.

If the applicant is not a student visa holder when they make their application, OSHC is not acceptable evidence of health insurance.

Examples:

Scenario A: Application made while on a student visa

If the applicant is covered by an OSHC until 15 March, and lodged their application for a Temporary Graduate (subclass 485) visa in February (prior to the expiry date of the OSHC), they must obtain adequate non-OSHC health insurance cover that commences from 16 March when their bridging visa commences. If their VC-485 visa is granted prior to the expiry date of their student visa (that is, 15 March), they must further obtain a non-OSHC health insurance cover immediately. Under these circumstances, case officers should contact the applicant to request evidence that they have non-OSHC health insurance cover before finalising the visa application.

Scenario B: Application made while on a non-student visa

If the applicant is covered by an adequate non-OSHC health insurance when they make their application for a VC-485, they will need to continue to hold adequate non-OSHC insurance while they are waiting for a decision on their application.

 

Do I need Health Checks?

You would generally need to do medicals for grant of a 485 visa. If you’ve recently applied for a student visa extension, you may be able to re-use these medicals.

Will I need Police Checks?

You will need an Australian Federal Police (AFP) Check for yourself and any members of your family aged 16 or over. You must apply for the AFP checks prior to lodgement of your 485 visa.

Note that from February 2015, police checks for countries you have lived in outside Australia are no longer required.

Are There Time Limits in Applying?

You must apply for your 485 visa within 6 months of completion of your Australian studies. You must either hold a student visa when you apply, or to have held a student visa within the last 6 months. You must also make sure that you apply prior to expiry of your student visa, or at least have applied for another visa and are on a bridging A or B visa when the 485 application is lodged.

Do I Get a Bridging Visa When I Lodge?

When you apply for your 485 visa, you would in general receive a Bridging A visa allowing you to remain in Australia during processing of your 485 visa application.

The Bridging A visa has full work rights. If you held a substantive visa (eg student visa) when you apply for your 485, the work rights on the bridging visa will come into effect when the substantive visa expires.

The Bridging A visa may cease if you depart Australia. If you wish to travel whilst waiting for a decision on your 485 visa, you may wish to apply for a Bridging B visa to facilitate your travel.

How Long Will it Take?

485 visas are currently taking 2-3 months to process for a complete application.

05. 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 lodgment.
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.

06. 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.

07. 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.

08. 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.

09. 485 Visa Health Insurance Requirement

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

Victory Law 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.

10. English language For 485 visa

The VC-485 primary applicant – Common criteria (485.21)

English proficiency

For the applicant to satisfy 485.212, when the application was made it must have been accompanied by evidence that the applicant:

85.212 

The application was accompanied by evidence that: 

(a)  the applicant:

(i)  has undertaken a language test specified by the Minister in a legislative instrument made for this paragraph; and

(ii)  has achieved, within the period specified by the Minister in the instrument, the score specified by the Minister in the instrument in accordance with the requirements (if any) specified by the Minister in the instrument; or 

(b)  the applicant holds a passport of a type specified by the Minister in a legislative instrument made for this paragraph.

In plain English.

  • holds a passport of a type specified by legislative instrument made under 485.212(b)

or

  • has:

o   undertaken a (English) language test specified in a legislative instrument for the purpose of 485.212(a) conducted in the 3 years immediately before the application was made and

o   achieved the score specified by legislative instrument made under 485.212(a).

For more information on:

  • the language tests specified by legislative instrument
  • required scores and
  • the prescribed passport alternatives to tests

refer to PAM3: English proficiency and assessment.

The delegate may request evidence of English language proficiency if it was not provided at the time of application. The delegate should use the standard paragraph in ECS template to advise the applicant that if the assessment did not predate the application date, they can withdraw their application as it will not meet requirements for a visa grant. If the evidence, when provided following a request, is dated post the lodgement date the delegate should refuse the application. If evidence is not provided, the delegate should refuse the application.

Graduate Temporary Subclass 485

The Department of Home Affairs has said they will be allowing additional time for Temporary Graduate 485 applicants to provide results for English language testing where COVID-19 has disrupted access to services.

For Time of Application requirements to be met, COVID affected applicants must provide, at time of lodgement, evidence they have an appointment booked for an English language test or provide evidence that are unable to book a test where the centre is closed.

The requirement must still be met in full, that is, applicants must provide evidence they have sat and achieved the appropriate score in an English language test for their 485 visas to be granted. Please note the English language test must be administered by a Departmentally accredited provider. Currently, online or home edition test results are not acceptable forms of evidence.

We as lawyers can only advice clients based on the law, as such we note that the Department’s interpretation is at odds with Migration Regulation 485.212. We have requested clarification/confirmation from the department few days ago but no answer yet.

 

11. Subclass 485 – Temporary Graduate – Offshore lodgement and grant permitted

Concessions have been granted to all SC 485 streams, the Graduate Work, the Post Study Work and the Second Post Study Work streams, to allow eligible visa applicants to lodge and be granted their visa while they are outside Australia, if impacted by COVID travel restrictions during the concession period that commenced on 1 February 2020.

Subsequent entrants may also be onshore or offshore for lodgement and grant.