As Immigration Lawyers, we speak to many international students in Australia looking for visa options after the completion of their studies. In fact, that is why we wrote one of our previous blogs which has gone on to receive some great feedback. Accordingly, the aim of this blog is to clarify the Subclass 485 visa, otherwise referred to as the Graduate or Post-Study visa available to international students who have completed at least 2 years of academic study in the country.
Importantly, as the above diagram demonstrates, although there are common criteria applicable to all applicants, there are two streams to this visa, the Graduate Work Stream and the Post-Study Stream, each with specific requirements. So lets have a closer look.
Common Criteria
The common criteria for all 485 visa applicants requires that they have not held a Subclass 485 visa previously (its a one time deal!), have achieved the required score in their English testing, have arranged for both their Australian Federal Police clearance and health insurance prior to the application of the visa and meet health and character requirements. Both streams also require that applicants have completed at least 92 weeks of study in Australia within the 6 months prior to applying for the visa.
Graduate Work Stream
The Graduate Work Stream is available for those who have completed their studies in Australia relevant to an occupation on the Skilled Occupation List (SOL). Importantly, each qualification used to satisfy the Australian Study Requirement must be both closely related to the nominated occupation on the SOL and be at least at a Degree, Diploma or Trade Certificate level.
For example, a Certificate IV in Business cannot be used to meet the 92 week study requirement as it is neither a Diploma nor a trade certificate. Additionally, someone nominating the occupation of Carpenter cannot use a Certificate IV in Commercial Cookery, as although this is a trade qualification, it is not closely related to the nominated occupation.
Lastly, applicants under this stream must ensure that prior to submitting their visa application to the DIBP that they have applied for their migration skills assessment from the respective Skills Assessing Authority associated to their nominated occupation. If you are unsure of your skills assessing authority, refer to the second column of the SOL.
If successful, applicants under the Graduate Work Stream will be granted a visa valid for 18 months.
Post-Study Work Stream
The Post-Study Work Stream is available to applicants who have completed 92 weeks of study at a Bachelor level or higher. The benefit of this stream is that it does not require applicants to have studied a field related to an occupation on the SOL nor does it require applicants to apply for a migration skills assessment for grant of the visa. However, as Migration Agents in Brisbane, we advise people that this stream is only available to applicants who applied for their first student visa to Australia after the 5 November 2011. Unfortunately there is no leniency with this provision and those who applied for their first student visa anytime before the 5 November 2011 will be unable to apply under this stream. However, they may still qualify under the Graduate Work Stream mentioned above.
If successful, applicants under the Post-Study Work stream will be granted a visa valid for 2-4 years, depending on the level of qualification obtained.
If you require assistance of an Immigration Lawyer in Brisbane today, give us a call on 1300 MIGR8TE (644 788) or send your questions to enquiry@salvomigration.com.au and we hope you learnt something valuable by visiting Salvo Migration.
Originally Published here: Immigration Lawyer Brisbane - Subclass 485 Visa Guide!
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