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.
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.
There is one problem that comes up over and over again about 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.
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.
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.
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.
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 a 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.
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 year requirements. They will consider the standard duration of your course as registered on CRICOS.
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.
“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.”
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.
Please share your comments with me.
I’d love to know more about your experience with applying for this visa subclass!
View Comments
Hello,
I have already applied for a 485 visa, but wanted to know if I answered this question correctly (Has the applicant completed an eligible qualification at an eligible Australian institution in the six months before the date of the application? At the time of application back in February I answered no as I had not received my qualification (bachelors degree) from my course though I had completed the course in December. Any insight and help into this question would be greatly appreciated!
Regards,
Kendra
Kendra
*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.
Yours is an excellent question. I suspect that you have incorrectly answered the question in your application and you should get advice in relation to how to correct this.
It is clear that you have completed the course even though a certificate or graduation ceremony has not yet completed all had not been completed at the relevant time.
On a very positive note I think you’ll be okay but you will need to take some corrective action straight away including correcting Any answer previously answered incorrectly.
Did you benefit from this response? Feel free to buy me a coffee if this was useful. It helps me answer more questions like yours!
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
hy if i complete my 2 years study in 16 months like not prefering to take a summer break so still i am eligible for TR
Hi,
I'm Kevin, an international student doing a master of accounting degree. So far I've been reducing my study load, taking two units for two-semester now. I was wondering by doing that would it prevent me from applying for 485 visa? Does a student need to study 92 weeks "full-time"? or "part-time" can be considered as long as the school approved the request?
I tried to find this everywhere but couldn't find the exact answer to it. Look forward to your reply. Thank you.
Kevin
Hi,
I'm currently studying a bachelor and going to graduate at the end of next year, which is just enough to satisfy the 92 weeks of study requirement. But when applying for 485, the waiting time might be longer then my study visa (500) which is going to expire 2 months after my graduation. So do I have to apply for another visa while waiting for the 485 or it is still legal for me to stay in Australia while waiting?
Thanks you!
Hi! with the new changes for the 485 can I get the visa with a Diploma in leadership and Management? (Cert IV and Diploma - 2 years in total) Thanks a lot!
Hi Nilesh,
I am offshore in the US, awaiting my 485 Post-study stream approval. I applied on March 29, 2022. I am confident that I have done the application correctly and it will be approval. I am seeing that its taking about 10 months for this visa to be approved. I am considering traveling to Australia on a ETA visitor visa and applying for a bridging visa A to be able to work three months after I arrive in the country. Is this risky? Is there a chance the bridging visa will be rejected and affect my 485 decision?
Thanks a lot,
Courtney
If someone had visa refusal during student visa application, should we need to mention that information during TR application??
If yes then where?
Hi i have completed my cert 3 and cert 4 in automotive for 2 years and i also had coe of diploma of automotive but that coe is cancelled as i did not go to college so now i am going to apply 485 visa so does cancellation of that coe impact my 485 visa application as its been over 28 days i have not lodged my 485
Hi,
I hope this finds you well.
My 485 visa application is under further assessment and i had to travel overseas (back home) because of my wedding. Since i was on bridging visa C i could not avail a bridging visa B.
Because i could not delay my wedding i travelled offshore while my 485 visa application is still under process.
My question is, will i be able to get my 485 visa grant while im offshore?
The department asked me for a polio certificate in April this year and i provided it and since then my application status is “further assessment” , so my second question is how long will the processing take?
Thank you heaps, in advance!
Hi Nilesh,
Firstly, you seem extremely knowledgeable and I m confident that I will get answer to my query.
My brother had done his Masters in information system and his final exams were in November 2020. He got his results in Dec 2020.
For some family reasons, he had to go to India in February 2021. His student visa was expiring on 25 March 2021. So, he applied for TR 485 on 16 March 2021. He file got recently opened and he was asked to do medical and supply letter of completion from his Uni. When he uploaded his letter of completion and medical. His visa got refused dues the completion date from Uni was 22 April 2021 and he filed his visa on 16 March 2021. He was unaware of the fact that it was incorrect because he finished his studies in December 2020. Due to Covid, his application took good 10 months to open and then got not enough scope to assess anything. We definitely need expert advise from someone like yourself regarding this. Hoping to file it again.
I m wondering what will be next step . Can we reapply for his 485?
Just because he is overseas his refusal has no review rights. Please guide the next step to this issue. All his hard work will go in vain if he will not get his TR. please help.
Thanks Nidhi