485 Visa Requirements: A Guide For Graduates Looking To Stay In Australia

Nilesh Nandan Immigration Lawyer

485 Visa Rules

It is important to make sure that you provide all required documents at the time of your 485 Visa application.

Remember to upload the documents to your online IMMI account immediately when lodging the application.

There two problems that come up over and and over again in relation to graduate skilled temporary visas.

The first is whether you meet the two-year study and the second is whether you have actually been confirmed as of the date you make you application.

What is meant by 2 years Study Requirement?

The first step is to note that CRICOS is the Authority for “evaluating” the duration of a “course”.

The 2 year “study” can include study for one or more courses you successfully complete.

The study must total “2 years”. But this “2 year” concept is misleading, if not meaningless.

What you must do is calculate whether you’ve completed the equivalent of 92 weeks of study in total.

“92 CRICOS” weeks really has nothing to do with “2 years” study in Australia, DOES IT?

If you successfully completed Course A which CRICOS evaluates for all students as being 46 weeks of study, and you have failed 2 subjects, and it took you 18 months, then the CRICOS evaluation is still 46 weeks.

So you’ve met only 50% (46/92) of the 92 week study requirement. This means what?

Well, you’ll need to stay enrolled and on a student visa (re-apply possibly) and successfully complete another one or more CRICOS course(s) – (Course B or Course B and Course C).

The additional CRICOS course(s) you should complete must add up to the shortfall (46 weeks) in my example above.

What If You Don’t Upload At The Time Of The 485 Visa Lodgment

Well, the DHA will probably refuse your application.

Firstly, most 485 visa applicants are unaware that evidence of health insurance and evidence of an application for an AFP certificate within 12 months of the application date must be provided at the time of lodgement, or a refusal will result.

Secondly, remember that you must provide the following documents to the Department:

* Evidence of English Language Ability;
* Evidence that you meet the Australian Study Requirement; and
* A valid Skills Assessment from a Skills Assessing Authority

….depending on the stream you are applying for.

If the Department refuses your visa then you may have limited options in terms of what further visas you are able to lodge onshore.

If your visa application is invalid it is as if no application was made and if your visa has since expired, you could be unlawful. So, a bridging visa will only be granted to you if you make a valid application and you are onshore.

What other questions do you have about your 485 graduate skilled visa application?

Let me know what questions you have in the comments section below.

Nilesh Nandan is Australia's most sought after immigration lawyer for visa refusals and visa cancellations. Appeal you visa or get help to relodge your Australian visa application or citizenship application.

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