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 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.
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 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 years requirement. 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
2019-2020 diploma of early childhood
By that time I did not meet all the requirements because I got pregnant and it’s lockdown. The college did not extend or defer my course though I provide medical certificate. Last year Dec2021 I was able to complete all the requirements and got certificate this year January2022 the problem is they put the course end year 2020 even though I just met all the required requirements last year. the question is I am eligible for 485?
Camille
It is not clear from this information whether of not you meet the 2 year study rule or the 6 month rule.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
*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.
Hi NIlesh,
I am on 485 visa. My passport will expire this April. I have submitted the application for renewal but I am not sure if I will get them before my passport expires. What should be done to ensure I have no complications with regards to my visa?
Could you please clarify what you have sought a renewal for and when the current passport expires and also when your convent visa expires?
Hi Nilesh,
My 485 visa expires in March 2023. However, my passport expires in April 2022. I am hopeful to get it by End of March. If that's the case, I know I have to file a change of details form. However, I am not sure what is the procedure if I don't get the renewed passport before expiry.
Hi Nilesh,
I am on 485 visa. What will happen if my passport expires and I don't have the new passport by expiry?
Hi there,
I am in the process of gathering my documents for the 485 post study work stream visa. I am from the UK but currently living in Australia.
Am I required to book a medical? And what is the process of this? Do I apply for my visa and then get my medical? Struggling to find information on this.
Thanks in advance
Aimee
Hi there.
I have a insurance gap. My student visa was expired on 15th sept and i lodge my 485 visa on sept 8 with ovsc insurance. At that time i have ohsc insurance till 28 of oct. And i took ovsc insurance from 28 oct 2021. What happen is i got mail from ovsc 28 of oct )provider saying i need transfer certificate from previous insurance provider , while providing transfer certificate i got refund amount from 15 sept 2021 since my student visa got expired on 15th of sept. So i have gap in the insurance between 15th of sept to 28 of oct. And im on bridging visa right now. Does it affect my 485 visa .
My 485 visa is refused due to English language requirement.
Hi, I applied for graduate work stream 485 visa though I am also eligible for post study work stream visa. I applied for it just 3 days back, but now I feel, I should have applied for post study work stream visa because I finished my masters in Software Engineering in Nov 2021 and got pte score 77 in Nov 2021. But someone suggested me that if I apply for graduate work stream 485 visa, I may not require to work in my field. So, I applied for it. Is it possible to change it now?
Thanks
Good day, just a kind inquiry. After lodging of 485 visa, I received the bridging visa grant, and was required to go for medical check up. My concern is what is the timeline or deadline that I should schedule the appointment for he medical check up?
Hi Nilesh,
I have completed my 2-years Masters degree in December 2019. After finishing my degree, I traveled to my home country to visit my parents and I was unable to come back ever since, which is why I couldn’t apply for the 485 visa within 6- months after the completion date.
I just realised (from your web post) that because I got credits transferred (18 units in total), I no longer meet the requirement of two years (96 credits).
Is it possible to get these credits transferred « removed » and take these courses again to complete the degree?
Or would that be too late because the degree has already been awarded?
Or is it useless as the government may not allow/take that into account?
If that method is possible, will I be able to use the new completion date ?
If that is not an option, will only taking another 3 courses (18 credits) be sufficient, or do I need to be awarded another degree (certificate for example)?
Again, will I be able to use three new competition date ?
Thank you very much
I selected the wrong 485 subclass and subsequently have had my visa refused, is it possible to appeal and explain the situation to revert the refusal?