Subclass 485 Visa Re-Hashed

 
 

The Migration Legislation Amendment Regulation 2013 (No. 1)[17] re-hashes this visa.  Firstly it is now called the Subclass 485 (Temporary Graduate) visa, perhaps emphasising that it is a temporary visa, not necessarily a pathway to permanent residence.

There remains the ability of a recent graduate who is able to get a skill assessment in the restricted Schedule 1 occupations (SOL) [as set out in the Legislative Instrument Immi 13/66[18] (attached)] to then obtain a temporary visa (Graduate Work stream) valid for 18 months (as set by policy in the PAM).

Then there is the Post-Study Work stream whereby the term of the visa is as follows as set by policy in the PAM:

Bachelor 2 years

Bachelor with Honours 2 years

Masters by Coursework 2 years

Masters (extended) 2 years

Masters by Research 3 years

Doctorate 4 years

 

However this is tempered by the schedule 1 criteria for the Post-Study Work stream

which states:

(l) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream:

(i) must hold a Student Temporary (Class TU) visa that:

(A) was granted on the basis of an application made on or after 5 November 2011; and

(B) is the first Student Temporary (Class TU) visa that the applicant has held; or

(ii) must have held a Student Temporary (Class TU) visa that:

(A) was granted on the basis of an application made on or after 5 November 2011; and

(B) was the first Student Temporary (Class TU) visa that the applicant had held.

This cuts out a lot of current Ph D students including students who have been awarded a Ph D in the last half of 2013.  The policy rational for this restriction is not obvious. Many within the Immigration Department were opposed to the Knight reforms where the visas for university graduates comes from.  So we end up with a schizophrenic policy cutting out some graduates but allowing others in (there being no rational reason for the restriction).

For both streams the criteria is that the applicant have held a relevant student visa in the 6 months before the application is made and the application is made within 6 months of having completed the course.

Here is the Schedule 2 criteria:

485.1—Interpretation

485.111

In this Part:

degree has the same meaning as in subregulation 2.26AC(6).

diploma has the same meaning as in subregulation 2.26AC(6).

trade qualification has the same meaning as in subregulation 2.26AC(6).

Note 1:        Regulation 1.03 provides that Australian study requirement has the meaning set out in regulation 1.15F.

Note 3:        For registered course, relevant assessing authority and skilled occupation, see regulation 1.03.

485.2—Primary criteria

Note:           The primary criteria for the grant of a Subclass 485 visa include criteria set out in streams.

If an applicant applies for a Subclass 485 visa in the Graduate Work stream, the criteria in Subdivisions 485.21 and 485.22 are the primary criteria for the grant of the visa.

If an applicant applies for a Subclass 485 visa in the Post‑Study Work stream, the criteria in Subdivisions 485.21 and 485.23 are the primary criteria.

The primary criteria must be satisfied by at least one member of a family unit.

The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

All criteria must be satisfied at the time a decision is made on the application, unless otherwise stated.

485.21—Common criteria

Note:           These criteria are for all applicants seeking to satisfy the primary criteria for the grant of a Subclass 485 visa.

485.211

The applicant:

(a)  has not previously held a Subclass 476 (Skilled — Recognised Graduate) visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa; and

(b)  has not previously held a Subclass 485 visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa.

485.212

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.

485.213

When the application was made, it was accompanied by evidence that:

(a)  the applicant; and

(b)  each person included in the application who is at least 16;

had applied for an Australian Federal Police check during the 12 months immediately before the day the application is made.

485.215

(1)  When the application was made, it was accompanied by evidence that the applicant had adequate arrangements in Australia for health insurance.

(2)  The applicant has had adequate arrangements in Australia for health insurance since the time the application was made.

485.216

(1)  The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.

(2)  If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

(3)  Each member of the family unit of the applicant who is an applicant for a Subclass 485 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020.

(4)  Each member of the family unit of the applicant who:

(a)  is an applicant for a Subclass 485 visa; and

(b)  had turned 18 at the time of application;

satisfies public interest criteria 4019.

(5)  Each member of the family unit of the applicant who:

(a)  is an applicant for a Subclass 485 visa; and

(b)  has not turned 18; and

(c)  made a combined application with the applicant;

satisfies public interest criteria 4015 and 4016.

485.217

(1)  The applicant satisfies special return criteria 5001, 5002 and 5010.

(2)  Each member of the family unit of the applicant who:

(a)  is an applicant for a Subclass 485 visa; and

(b)  has previously been in Australia;

satisfies special return criteria 5001, 5002 and 5010.

485.218

Grant of the visa would not result in either:

(a)  the number of Subclass 485 visas granted in a financial year exceeding the maximum number of Subclass 485 visas specified by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year; or

(b)  the number of visas of particular classes (including Subclass 485) granted in a financial year exceeding the maximum number of visas of those classes, specified by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year.

485.22—Criteria for Graduate Work stream

Note:           These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 485 visa in the Graduate Work stream.

485.221

The applicant satisfied the Australian study requirement in the period of 6 months immediately before the day the application was made.

485.222

Each degree, diploma or trade qualification used to satisfy the Australian study requirement is closely related to the applicant’s nominated skilled occupation.

485.223

When the application was made, it was accompanied by evidence that the applicant had applied for an assessment of the applicant’s skills for the nominated skilled occupation by a relevant assessing authority.

485.224

(1)  The skills of the applicant for the applicant’s nominated skilled occupation have been assessed, during the last 3 years, by a relevant assessing authority as suitable for that occupation.

(1A)  If the assessment is expressed to be valid for a particular period, that period has not ended.

(2)  If the applicant’s skills were assessed on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.

485.23—Criteria for Post‑Study Work stream

Note:           These criteria are only for applicants seeking to satisfy the primary criteria for the grant of a Subclass 485 visa in the Post‑Study Work stream.

485.231

(1)  The applicant holds a qualification or qualifications of a kind specified by the Minister in an instrument in writing for this subclause.

(2)  Each qualification was conferred or awarded by an educational institution specified by the Minister in an instrument in writing for this subclause.

(3)  The applicant’s study for the qualification or qualifications satisfied the Australian study requirement in the period of 6 months ending immediately before the day the application was made.

485.3—Secondary criteria

Note:           These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.

485.31—Criteria

485.311

The applicant:

(a)  is a member of the family unit of a person who holds a Subclass 485 visa granted on the basis of satisfying the primary criteria for the grant of the visa, and made a combined application with that person; or

(b)  is a member of the family unit of a person who holds a Skilled (Provisional) (Class VC) visa on the basis of satisfying the primary criteria for the grant of a Subclass 485 visa.

485.312

(1)  When the application was made, it was accompanied by evidence that the applicant had adequate arrangements in Australia for health insurance.

(2)  The applicant has had adequate arrangements in Australia for health insurance since the time the application was made.

485.313

(1)  The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.

(2)  If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

(3)  If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.

485.314

If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

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.

485.5—When visa is in effect

485.511

Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

485.6—Conditions

485.611

Condition 8501 must be imposed.

485.612

If the applicant is outside Australia when the visa is granted:

(a)  first entry must be made before a date specified by the Minister for the purpose; and

(b)  condition 8515 may be imposed.

In IMMI 13/013, Federal Register of Legislative Instruments, F2013L00528 [21/03/2013] The following were specified:

  • Bachelor Degree;
  • Bachelor (Honours) Degree;
  • Masters by Coursework Degree;
  • Masters by Research Degree;
  • Masters (Extended) Degree and/or;
  • Doctoral Degree.

Note the absence of any trade qualifications for the Post-Study Work stream.

Barbara Davidson