Mistakes to avoid with your Subclass 485 visa application
The Temporary Graduate (Subclass 485) visa allows international students who meet the Australian study requirement to remain in Australia after completing their studies, generally between 18 months and 3 years, depending on their individual circumstances.
Whilst most Subclass 485 visa applications are generally processed and granted without complication, it is not uncommon for Subclass 485 visa applications to be refused due to mistakes that are actually easily avoidable.
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At Inclusive Migration, our immigration lawyers regularly consult with people who are seeking advice about their Subclass 485 visa matter, including prior to the application being lodged, as well as after an application has been refused.
Here are some of the common mistakes we have seen being made with Subclass 485 visa applications, and how you may avoid them.
Mistake 1: Trying to apply for a Subclass 485 visa from outside Australia
One of the biggest mistakes people make with Subclass 485 visa applications is trying to apply for their Subclass 485 visa while outside of Australia. Under Schedule 1 to the Migration Regulations 1994 (Cth), a Subclass 485 visa application can only be lodged whilst the applicant is in Australia, with the exception of persons who are applying for a subsequent entrant Subclass 485 visa to join a primary Subclass 485 visa holder in Australia.
This means that if you are applying for a Subclass 485 visa as a primary applicant, and are currently outside of Australia, you will not be able to lodge a valid Subclass 485 visa application.
It is therefore important that you lodge your Subclass 485 visa application while you are still in Australia (e.g. prior to your Student visa expiring), before you make arrangements to depart Australia for a holiday or to visit your family.
Mistake 2: Applying for a Subclass 485 visa more than 6 months after completing your course and holding a Student visa
Under Schedule 1 to the Migration Regulations 1994 (Cth), you can only apply for a Subclass 485 visa within 6 months of completing your course (c.f. attending your graduation ceremony), and within 6 months of holding a Student visa.
Unfortunately, many international students often mistakenly lodge an invalid Subclass 485 visa application outside of this 6-month window, when it is already too late. This most commonly happens to international students who perhaps complete their studies in Australia well ahead of their Student visa expiring, who may thereafter return home or travel for a number of months after completing their studies and/or have been waiting to attend their graduation ceremony before applying for a Subclass 485 visa.
It is therefore recommended that you apply for your Subclass 485 visa as soon as practicable once you have completed your studies in Australia and meet the Australian study requirement, so as to avoid missing out on the 6-month window to apply.
Mistake 3: Applying for a police check on the same day you apply for your Subclass 485 visa
One of the most common mistakes for a Subclass 485 visa application being refused is where an applicant lodges the Subclass 485 visa application on the same day they have applied to the Australian Federal Police for a National Police Certificate.
Under Schedule 2 to the Migration Regulations 1994 (Cth), you must have applied for an Australian Federal Police check during the 12 months immediately before the day the application is made. This means that you must apply for your Australian police check at least 1 day before you apply for a Subclass 485 visa - i.e. if you apply for your Australian police check on a Tuesday, you may only be able to lodge your Subclass 485 visa application on Wednesday.
Anecdotally, we have seen some differing approaches to this regulatory requirement, but noting the Department’s general strict interpretation of this regulatory criterion, we strongly advise international students to apply for their Australian police check at least one (1) calendar day before applying for their Subclass 485 visa.
Mistake 4: Applying without having undertaken an English language test
We commonly see international students either completely neglecting to undertake an English language test on the presumption that they have already completed their studies in English in Australia, obtaining lower English language test results than required, or mistakenly believing that they can use English language test results obtained in the last three (3) years (like for most other Skilled and Employer-sponsored visas) for their Subclass 485 visa application.
In actual fact, most Subclass 485 visa applications must be accompanied by the requisite English language test results achieved within the period of 1 year before the day on which the Subclass 485 visa application has been lodged, with the exception of Subclass 485 visa applicants who hold a valid passport issued by Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America.
This means that you must have undertaken an English language test and achieved the requisite test results at least 1 day before you apply for a Subclass 485 visa, and failure to do so where required may result in the refusal of your Subclass 485 visa application.
It is therefore strongly recommended that you begin making arrangements to undertake any necessary English language test in the months leading up to the completion of your studies, so as to also allow yourself enough time to re-take your English language test(s) where you may not meet the minimum requirements during your initial attempt.
Mistake 5: Re-applying for a Subclass 485 visa while holding a Bridging visa, after being refused a visa in Australia
Under section 48 of the Migration Act 1958 (Cth), if you are refused a visa in Australia (including a Subclass 485 visa), you may be barred from applying for another visa in Australia while you hold a bridging visa.
This is particularly relevant to international students who may have already been refused a Subclass 485 visa in Australia for one of the mistakes outlined above, and are attempting to re-apply while holding a bridging visa.
Once you are barred by s. 48 of the Migration Act 1958 (Cth) from applying for another visa in Australia, your visa options become very limited and you will generally only be able to apply for the following visas whilst you are still in Australia (amongst others), subject to your satisfaction of the relevant regulatory criteria:
Partner (Subclass 820/801) visas
Protection (Subclass 866) visa
Medical Treatment (Subclass 602) visa
Child (Subclass 802) visa
Skilled Work Regional (Subclass 491) visa
Skilled Nomination (Subclass 190) visa
Skilled Employer Sponsored Regional (Subclass 494) visa
You may also face additional hurdles before you can apply for the aforementioned visas, and unless you obtain another substantive visa, you may not be able to re-apply for a Subclass 485 visa in Australia.
Want to know more?
Our immigration lawyers at Inclusive Migration have extensive experience in advising prospective migrants to Australia about their employer-sponsored, skilled migration and family migration options in Australia.
To speak to our immigration lawyers about your eligibility for a Temporary Graduate (Subclass 485) visa, or about your employer-sponsored, skilled migration and family migration options in Australia, please email info@inclusivemigration.com.au, submit an enquiry using the contact form on our website or send us a message via WhatsApp at +61 490 704 775.
