Get 485 Visa Requirements Help Here.
If you’re tired of sifting through countless websites and just want to get started, book a chat with me. I’ll help you secure your 485 visa, also known as the Temporary Graduate Visa (TR).
In this article, we highlight common pitfalls to avoid. Discover where you might go wrong and how to ensure a smooth application process for your Temporary Graduate Visa.
485 Visa Rules Are Unforgiving!
Ensure you provide all required supporting documents at the time you lodge your 485 Visa application.
Upload the documents to your online IMMI account immediately when submitting your 485 visa application.
What is the “2-Year” Rule?
There is one problem that comes up over and over again in relation to the subclass 485 application.
Do you meet the two-year study requirement? Have you studied the right courses for the right length of time and have you actually completed the course, not just completed your final submission for the course?
The second is whether you have lodged within the 6 months window allowed for lodgement of this visa. Be careful here. You need to lodge within 6 months of course completion.
The “2-Year” Rule Explained
First, it’s important to understand that CRICOS is the authority for”evaluating” the duration of a “course”.
The 2-year study requirement can include the completion of one or more courses.
The study must total “2 years”. But this “2-year” concept must be understood.
To meet this requirement, you must accumulate the equivalent of 92 weeks of study.
It’s essential to note that “92 CRICOS weeks” does not directly equate to “2 years” of study in Australia.
For example, if you complete Course A, which CRICOS evaluates as 46 weeks of study, but you took 18 months to finish due to failing 2 subjects, CRICOS will still evaluate it as 46 weeks.
In this case, you have only fulfilled 50% (46/92) of the required 92 weeks.
Consequently, you will need to remain enrolled and possibly reapply for a student visa to complete additional CRICOS courses.
The additional courses must make up the shortfall, which in this example is 46 weeks.
English Language Tests and Police Clearances
Some other reasons why your 485 visa could be refused are that you have failed to meet the English Language test evidence requirement at the time of application or you have failed to meet the requirement to provide evidence of your police check at the time of your 485 visa application.
Upload At The Time of Lodgement
Not doing so, risks a 485 visa refusal!
Firstly, be aware 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.
Secondly, remember that you must provide (among other things) 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. A skills assessment is not normally required for the “post-study work stream” of the 485 visa but is required for the “graduate work” stream of the 485 visa.
Consequences
If the Department refuses your 485 visa then you may have limited options, especially if you do not hold a substantive Visa.
Depending on when you lodged your and when you receive your 485 visa refusal, you might forever be prohibited from getting any 485 visa granted.
You need to decide if you can make another application while you are inside Australia. If so, determine which type of application is appropriate. You will also need to decide whether or not to exit Australia to make your next visa application from outside Australia.
You might face the “section 48 problem.” In such cases, you could apply for a protection visa, partner visa, subclass 491, subclass 494, subclass 190, or a medical treatment visa. Seek advice if you receive a refusal.
If you feel the decision you have received is incorrect, then there is an opportunity to apply for review of your 485 visa refusal decision, at the Administrative Appeals Tribunal. You’ll need to make an application for appeal within 21 days and you will need to be physically present in Australia.
If your visa application is invalid it is as if no application was made and if an earlier visa has since expired, you could be unlawfully present in Australia. Note that a bridging visa will only be granted to you if you make a valid application for your 485 visa and you were and are onshore at the relevant times.
2-Year Rule Case Study
Let’s consider this question from a visitor/client recently:
The starting point is to note that two (2) academic years of study is a measure of the amount of study successfully completed, not the length of time taken to complete the study.
You cannot extend one year of study or 1 1/2 years of study into 2 years of study in order to satisfy the 2-year rule.
For example, if you enroll part-time and take two years to complete a 78-week course, it doesn’t count as 2 years. You’ve completed only 1.5 academic years, extending the duration but not the total study time.
It all comes down to the “registered duration” of your course.
In simple terms: you cannot artificially extend your study in order to satisfy the Australian study requirements. If your course is registered for 1-year full-time study, it will be counted as 1 year.
Case officers will evaluate whether you meet the 2 academic years requirement. They will consider the standard duration of your course as registered on CRICOS.
485 Visa Questions
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 or book a consultation with me.
FAQ: English language requirement
Your question:
“Hi,
I have some questions about applying for the Temporary Resident 485 visa.
Currently, I hold a Student Visa 500 and have just graduated. My student visa will expire at the end of next month.
Although I can apply without the IELTS test, I’ve heard this might lead to rejection. Can I submit my IELTS results after applying? Due to the pandemic, I can’t book an IELTS test soon, with the earliest test available at the end of next month. I’m unsure if the results will arrive before my student visa expires.
I have lived in English-speaking countries for over 5 years and didn’t need an IELTS for my master’s degree. I’m not sure if this information is relevant here.
Thank you.”
Answer:
Migration Regulation 485.212 requires 485 visa applications to include English test results. Late IELTS submissions may result in a visa refusal.
Even though you have lived in English-speaking countries, this information does not exempt you from the requirement. Unless you hold a passport from a few specific countries, you will need to satisfy the language requirement.
In your situation, you might consider applying for a subclass 600 visa first. This approach could give you additional time to obtain the necessary English results.
I hope this clarifies your question. Mistakes in this process could result in permanently losing the chance to obtain a 485 visa. This visa is quite a treasured visa for most international students choosing to study in Australia.
Your Experience with 485 Visa Requirements?
Please share your comments with me.
I’d love to know more about your experience with applying for this visa subclass!
202 Responses
Hi Nilesh,
I’m at aged 36, studying Master of Professional Accounting which is 2 years course and will graduate in June 2024 yet not sure when I can get the completion letter. Also, back to 2010, I already finished my first master degree but the course was only 1.5 years. According to the circumstance, will I be eligible to apply post grad work visa?
Dear PP,
Thank you for your message.
To be eligible for a Post-Study Work visa (subclass 485), one of the key requirements is that you must have completed a degree, diploma, or trade qualification of at least two academic years (92 weeks) of study in Australia. Since your current Master of Professional Accounting is a two-year course, you should meet the study requirement upon graduation in June 2024.
Regarding your previous master’s degree from 2010, since it was only 1.5 years long, it might not meet the two-year study requirement for the subclass 485 visa. However, your current two-year course should suffice.
The exact eligibility will also depend on other factors, such as when you obtain your completion letter, which typically needs to be issued within six months of applying for the 485 visa. You’ll need to ensure that all visa application requirements are met once you receive the completion letter.
If you need more detailed guidance on the timing of your application or eligibility for the 485 visa, feel free to book a chat with me here: MyVisa/appointment.
In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Regards,
Nilesh
Immigration Lawyer & Special Co
Hey . I am a currently enrolled student. I am doing masters but it is just 18 month course (78 weeks ) . To acquire 485 Visa do I need to do another year of masters? Or I can do diploma /certificate as well ?? Also , by doing so can I get the 485 visa ?
Dear Kp,
Apologies for the delayed response, but I hope this answer helps you or others in the community.
For the Temporary Graduate visa (subclass 485) in the Post-Study Work stream, the main requirement is that you must complete a degree, diploma, or trade qualification that meets the Australian study requirement. This means that the course must be registered on CRICOS and must be at least 92 weeks in duration (usually equivalent to two academic years).
Since your master’s course is 78 weeks, it unfortunately does not meet the requirement on its own. You would need to complete further studies, either at the degree level or through another qualifying diploma or certificate, to fulfill the 92-week requirement for the 485 visa.
If you have any further questions or need guidance on what your next steps should be, feel free to reach out or book a chat with me here: MyVisa/appointment.
In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Best regards,
Nilesh Nandan
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au
Hi, I have lodged 485 visa and I received the health examination requirement letter with automatic reply email which says that response within 28 days. I got an advice for holding to take exam for expecting to maximize my 18m graduation visa. Can I just wait for the further request from case officer ?
Dear Erika,
Apologies for the delayed response, but I hope this information helps you or others in the community.
While it’s true that in the past some applicants have delayed taking the health examination as a way to extend their time on the temporary visa, this strategy is becoming increasingly risky. It’s seen as a somewhat cheeky and mischievous way to proceed, and could potentially backfire as immigration authorities are aware of this tactic.
If you hold off on completing the health examination, there is a chance the Department of Home Affairs might not send a further request and could make a decision on your visa without it, possibly leading to a refusal. It’s generally best to comply with the request within the given timeframe to avoid any complications in your application.
If you’d like more specific advice on how to manage this situation, feel free to reach out or book a chat with me here: MyVisa/appointment.
In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Best regards,
Nilesh Nandan
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au
Hi Nilesh,
My 485 visa has been refused in November 2021, due to i have submitted the expired PTE test and when i went to MAARA agent he also pointed that i have submitted my application before my course completion date (10 days before).So now my question is can i go offshore to lodge the 485 visa what are the chances of getting the grant please.
At the moment i am in BVA visa and AAT.
Dear Snigdha,
Apologies for the delayed response, but I hope this answer will still provide value to you or others in a similar situation.
Given your 485 visa refusal due to submitting an expired PTE test and lodging the application before your course completion date, it’s important to note that the 485 visa must be applied for **within six months of course completion**, and the application must meet all criteria at the time of lodgment.
Unfortunately, once the six-month period has passed, your options for lodging a 485 visa offshore may be limited. Generally, the six-month timeframe applies to both onshore and offshore applications, so going offshore will not typically allow you to re-lodge the application if the eligibility period has already expired.
As for your chances of success at the AAT, I recommend realistically appraising your chances. Given the errors in the initial application, it may be challenging to win the appeal unless strong mitigating factors are presented. It’s crucial to be prepared for all possible outcomes and consider alternative visa pathways if needed.
If you’d like more specific advice on your situation or would like to explore other visa options, feel free to reach out or book a chat with me here: [MyVisa/appointment](http://myvisa.com.au/appointment).
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.*
Best regards,
Nilesh Nandan
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
[http://myvisa.com.au](http://myvisa.com.au)