485 Visa Requirements: A Guide To Making An Application For 485 Temporary Graduate Visa

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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 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.

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 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.

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.

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.

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:

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!