Must Be Present In Australia To Apply For A Subclass 485 Visa

 
 

An odd provision is this found in the schedule 1 criteria for this visa :

Paragraph 1229(3)(g) : –

“(3)  Other:

(c)  An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5). 

(f)  An applicant claiming to be a member of the family unit of a person who, having satisfied the primary criteria, holds a Skilled (Provisional) (Class VC) visa may be in or outside Australia when making his or her application, but not in immigration clearance.

(g)  An applicant to whom paragraph (f) does not apply must be in Australia, but not in immigration clearance, when making his or her application.”

If you look at subparagraph (g) then the only people who fall into this category are the primary applicants, hence the primary applicant has to be present in Australia at time of application. It is an odd way to describe the primary applicant. Clear simple English would be preferred like – the primary applicant must be in Australia at time of application.  But Immigration doesn’t work that way!

Of court the applicant must be in Australia at time of decision. If the applicant does leave Australia after lodging the application, the application documents even if on-line should state that the applicant is ready, willing and able to return to Australia for grant.  Here is what the criteria states on this point :

485.4  Circumstances applicable to grant

485.411

(1)  The applicant who satisfies the primary criteria for the grant of the visa must be in Australia when the visa is granted.

(2)  Each applicant who made a combined application with the applicant who satisfies the primary criteria for the grant of the visa must be in Australia when the visa is granted.

(3)  In any other case, the applicant may be in or outside Australia when the visa is granted.

Barbara Davidson