Subclass 485 visa: Do you meet the Australian Study Requirement?
The Temporary Graduate (Subclass 485) visa is a popular visa option for international students who have completed their studies in Australia, and generally allows international graduates who meet the Australian study requirement to remain in Australia for between 18 months and 3 years, depending on their individual circumstances.
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So what exactly is the Australian study requirement, and do I meet it?
To meet the Australian study requirement, you must generally have completed studies in Australia that meet all of the following elements:
Are registered Commonwealth Register of Institution and Courses for Overseas Students (CRICOS) courses that result in the completion of a degree, diploma or trade qualification
Took at least 16 calendar months to complete while in Australia
Took at least 2 academic years (i.e. at least 92 registered weeks of study) to complete
Were completed in English
Were undertaken while you held a valid visa authorising you to study (e.g. a Student visa)
Were physically completed in Australia (with limited exceptions), excluding insignificant periods when you may have been offshore during course breaks
Subclass 485 visa applicants who were studying offshore on an Australian visa (e.g. a Student visa) during the Coronavirus (COVID-19) pandemic are allowed an unlimited amount of offshore online study to count towards the Australian study requirement.
Common instances where you may experience difficulties with meeting the Australian study requirement include:
where you have enrolled in studies with less than 92 registered weeks of study; and/or
where you have enrolled in studies with at least 92 registered weeks or study but you may have -
“overloaded” or fast-tracked your studies (i.e. enrolled in more subjects or unit during a given study period that your course usually permits or requires) resulting in your studies being completed in less than 16 months in Australia
shortened your studies through credit transfers from previous eligible studies (e.g. Recognised Prior Learning (RPL)) resulting in your studies being completed in less than 16 months in Australia
When am I taken to have completed my studies for the Australian study requirement?
It is important to note that the date you complete your studies is different to your graduation date - the date of completion is the date you have met the academic requirements for the award of your degree, diploma or trade certificate, c.f. the date you were formally conferred with your degree, diploma or trade qualification. In Australia, you will usually complete a degree, diploma or trade qualification before your award is formally conferred.
Generally, the date on which you have completed your course is the date on which the results of your final examinations (which meet your course requirements) are published, or the date you are confirmed to have met the academic requirements of your course. Your date of completion may be illustrated through:
a letter from your educational institution regarding your final examination results
notification on the internet
notification in the newspaper
notification on the university bulletin board
This means that:
you do not need to wait until your graduation to satisfy the Australian study requirement and/or apply for a Subclass 485 visa; and
the time that passes between your date of completion and your graduation date does not count towards the Australian study requirement.
Can I combine more than one qualification to meet the Australian study requirement?
Persons who have completed the following qualifications in Australia do not generally meet the Australian study requirement, as they do not constitute a degree, diploma or trade qualification:
a Certificate II in any discipline; or
a Certificate III or IV in a discipline other than a trade (for example, a Certificate IV in Business Management); or
a Graduate Certificate.
Nonetheless, you may be able to combine multiple qualifications (including a Certificate II, III or IV, or a Graduate Certificate) to meet the Australian study requirement where each qualification:
was completed in Australia;
is part of the same course or packaged courses (e.g. “nested” or “packaged” programs of study) which upon completion result in a degree, diploma or trade qualification;
The completion of a Cert IV in English as Another Language (EAL) as an entry requirement for a Bachelor’s degree is generally not considered part of the same course or packaged courses as it is not a required qualification for all students to undertake to progress to the Bachelor’s course.
was completed within a continuous period of lawful stay on a Student visa; and
altogether totals at least 92 weeks of registered study.
Examples of “nested” courses which can be combined to meet the Australian study requirement include:
You complete 4 separate but modular qualifications, each of 6 months duration. After the completion of the 1st, 2nd and 3rd modules you are awarded a Certificate II, Certificate III and Certificate IV respectively, and after the 4th module you are awarded a Diploma. You will meet the Australian study requirement after you have completed the 4th module - your Diploma.
You complete 3 separate qualifications as part of a vocational hospitality package - a Certificate III in Commercial Cookery over 40 weeks, followed by a Certificate IV in Commercial Cookery for another 40 weeks, and finally a Diploma of Hospitality Management over 20 weeks. This demonstrates a natural progression and combination of courses, and you will meet the Australian study requirement after completing the 3rd qualification - your Diploma.
You complete a Bachelor of Accounting, followed by a Masters of Accounting.
You complete a Masters of Accounting, followed by a Masters of Business Administration.
You complete a Graduate Diploma of Accounting, followed by a Masters in Commerce.
What if I complete part of my studies overseas - does this count towards the Australian study requirement?
There are 2 elements to the Australian study requirement which are relevant towards the question of studies which were completed outside of Australia:
the requirement for studies to have been completed in Australia over at least 16 calendar months
the requirement for the completion of 2 academic years (i.e. at least 92 registered weeks) of studies
Recognised Prior Learning (RPL) allowed by your educational institution for which you have been awarded credits towards your registered course of study (including studies previously done overseas and/or in Australia) can count towards the 2 academic years element of the Australian study requirement. On the other hand, RPL undertaken outside of Australia will not count towards the 16 calendar months in Australia element of the Australian study requirement.
If you undertook some studies overseas, but nevertheless completed at least 2 academic years (i.e. at least 92 registered weeks) of studies in no less than 16 calendar months while in Australia, you can still meet the Australian study requirement. For instance, an applicant who undertook a 3-year Bachelor degree consisting of 6 semesters can still meet the Australian study requirement through the following pattern:
Semester 1: Undertaken overseas
Semester 2: Undertaken in Australia
Semester 3: Undertaken in Australia
Semester 4: Undertaken in Australia
Semester 5: Undertaken overseas
Semester 6: Undertaken in Australia
Notwithstanding the above, Subclass 485 visa applicants who completed part of their studies overseas during the COVID-19 pandemic (e.g. through distance learning) will generally be able to count this towards the Australian study requirement, both towards the 2 academic years element and the 16 calendar months in Australia element of the Australian study requirement.
Can I extend my studies to meet the Australian study requirement?
Whilst you can further your studies and combine multiple qualifications to meet the Australian study requirement (where they are part of the same “nested” or “packaged” courses of study), you cannot artificially extend your studies to meet the Australian study requirement.
For instance, where you have failed a unit or subject in your course of study that you must now undertake a 2nd time, your completion of this unit will only be counted once, as part of the initial registered course duration. Only study which has been successfully completed would count toward the Australian study requirement, and in thes ame way that educational institutions do not give credit for failed subjects, they would not count for visa purposes.
What happens if I change courses or educational institutions - do my original studies count towards the Australian study requirement?
Changing educational providers
If you previously enrolled in a Certificate IV course with one registered educational provider, and after 6 months relocated and completed the rest of your Certificate IV course with another registered educational institution who gave you credit for the original 6 months of studies, your studies with both educational institutions will generally count towards meeting the Australian study requirement.
Changing course of study
If you enrol in a registered course of study and change courses (e.g. after 1 semester), your original studies over that 1 semester may still count towards the Australian study requirement if you were given credit for those studies towards your new course, such as where you:
were originally enrolled in a Bachelor of Nursing course;
and after 1 semester, changed to a Bachelor of Science course and were given credit towards the new Science degree from your nursing studies.
On the other hand, if you change a new unrelated course of study, e.g. from a Bachelor of Nursing course to a Bachelor of Commerce course and no credits are given for your initial nursing studies (original studies), these original studies will generally not count towards the Australian study requirement.
How do I prove that I meet the Australian study requirement?
You can generally demonstrate that you meet the Australian study requirement through the following documents, amongst others:
your completion letter from your edicational provider;
your academic transcript(s); and
your Certificate of Enrolment.
If you do not meet the Australian study requirement when you lodge your Subclass 485 visa application, or make a mistake with your Subclass 485 visa application, your application may be refused by the Department.
Want to know more?
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. If you are unsure about whether you meet the Australian study requirement or wish to discuss your eligibility for a Subclass 485 visa, 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.
