A Subclass 485 Temporary Graduate visa allows international students who have recently graduated from an Australian institution to live, work and study in Australia temporarily. As a subclass 485 visa holder, you can gain work experience in Australia, complete an additional qualification and/or live in a specified area of Australia for a prescribed minimum period to enable you to qualify for a further visa, such as a skilled permanent residency visa, or put you on a pathway to PR in Australia.
If you are in a relationship with an Australian citizen or permanent resident, or eligible New Zealand citizen, you can use your time in Australia as a Temporary Graduate visa holder to develop your relationship to meet the requirements to qualify for a Partner visa.
In this article, we take a look at why a temporary graduate visa is often the most important visa in the migration strategy for international students. We then examine the main subclass 485 to PR options that are available, including their key features and requirements, and we provide links to further information so that you can learn more about the subclass 485 visa to PR Australia visa options.
Why A Temporary Graduate Visa To Permanent Residency Australia?
International students who seek to remain in Australia after completing their studies often choose a Subclass 485 visa as a stepping stone to a further visa to permanently settle in Australia, such as a Subclass 189 Skilled (Independent) visa or Subclass 190 Skilled (Nominated) visa. There are a number of temporary graduate visa to permanent residency Australia options that you may consider.
A Temporary Graduate visa can be a great way to gain the necessary skilled employment experience to obtain a positive skills assessment in your skilled occupation which may be required to qualify for a skilled visa. It also gives you time to meet the requirements to qualify for state sponsorship, such as living in a specified State or Territory and gaining skilled employment experience for a certain period.
A Subclass 485 visa gives you extra time to continue to develop your English language skills to earn additional points in the Migration Points Test to qualify for a General Skilled Migration (GSM) visa.
And if you seek to qualify for a Subclass 482 Temporary Skill Shortage (TSS) visa or a Subclass 186 Employer Nomination Scheme (ENS) visa, a Subclass 485 visa gives you the time to develop the necessary rapport with an employer to encourage them to sponsor/nominate you.
If you are in a relationship with an Australian citizen or permanent resident, or eligible New Zealand citizen, a subclass 485 visa gives you the time to develop your relationship to progress to marriage and/or build up the time that you live together as a de-facto couple to meet the minimum 12-month requirement to apply for a Partner visa.
Keen to find out more? We now turn to the Subclass 485 Temporary Graduate visa, and take a look at the main requirements to qualify, the subclass 485 visa streams and how long you can stay in Australia as a Temporary Graduate visa holder.
We begin by examining some of the key criteria to qualify for your first Temporary Graduate visa.
What Are Some Of The Main Requirements To Qualify For Your First Subclass 485 Visa?
Key eligibility criteria to qualify for a first Temporary Graduate visa include that you must:
- be under 50 years of age;
- have held a Subclass 500 Student visa in the last six months;
- have met the Australian Study Requirement in the six months immediately before you apply for the visa;
- provide evidence that you have applied for an AFP check when you apply for the visa; and
- provide evidence of the required level of English language with your visa application.
What Is The Australian Study Requirement?
You will meet the Australian Study Requirement if you are awarded at least one degree, diploma or trade qualification and:
- your course was a Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)-registered course;
- you successfully completed all course requirements;
- the study was in English;
- you completed your course as a result of at least two academic years (92 weeks) study;
- you completed your course in Australia in not less than 16 calendar months; and
- you held an Australian study visa that allowed you to study.
When applying under the Graduate Work stream, the course/s completed must have resulted in a degree, diploma or trade qualification.
When applying under the Post-Study Work stream, the course/s completed must have resulted in an eligible qualification (a Bachelor Degree or higher), regardless of your field of study.
How Long Can You Stay In Australia On A Temporary Graduate Visa?
The length of your stay in Australia on a Temporary Graduate visa will depend on the course you studied and the visa stream you apply for.
Post-Study Work Stream
The Temporary Graduate visa in the Post-Study Work stream is for students who have recently graduated with one of the following degrees from an Australian education provider:
- bachelor degree
- bachelor (honours) degree
- masters by coursework degree
- masters (extended) degree
- masters by research degree
- doctoral degree
If you have studied a standalone diploma or trade qualification, you are not eligible to be granted a visa in this stream.
You must have also met the Australian study requirement within the last six months to qualify.
This stream is only available if you applied for, and were granted, your first Student visa to Australia on or after 5 November 2011.
Temporary Graduate visa holders in the Post-Study Work stream can stay in Australia for two to four years, depending on their qualification.
Graduates with a select degree are eligible for an additional two-year Post-Study Work Temporary Graduate visa. Graduates who already hold a Temporary Graduate visa in the Post-Study Work stream and who have completed an eligible degree can apply for a two-year extension using ImmiAccount with no application fee. Graduates with an eligible degree who apply for a Temporary Graduate visa in the Post-Study Work stream on or after 1 July 2023 will be granted an additional two years.
Additionally, graduates who have studied, lived and worked in a designated regional area of Australia can apply for an extra 1-2 year stay in Australia on a second Post-Study Work stream Temporary Graduate visa.
Hong Kong and British National Overseas passport holders on their first Temporary Graduate visa can stay in Australia for five years.
Select Degrees
Graduates with a select degree on the Department of Education’s Eligible Qualifications List (EQL) are eligible for an additional two years in Australia on their Post-Study Work stream visa, as follows:
- Four years for Bachelor degree graduates (up from two years);
- Five years for Master degree graduates (up from three years); and
- Six years for Doctoral graduates (up from four years).
Applicants with an eligible degree can only be granted the additional two-year extension once.
Graduate Work Stream
A Temporary Graduate visa in the Graduate Work stream is for students who have recently graduated from an Australian education provider with skills and qualifications relevant to specific occupations. For this stream, you need to nominate an occupation on the Medium and Long-term Strategic Skills List (MLTSSL). You also need to provide evidence that you have applied for (or have already obtained) a skills assessment for your nominated occupation.
A Temporary Graduate visa in the Graduate Work stream allows you to stay and work in Australia for up to 18 months.
Hong Kong and British National Overseas passport holders on their first Temporary Graduate visa (can stay in Australia for five years.
Get More Information About A Temporary Graduate Visa
We recommend that you refer to our Temporary Graduate Visa 485 Step By Step Guide, to learn more about the key requirements to qualify for a subclass 485 temporary graduate visa, and to access links to further information to the subclass 485 visa eligibility requirements. We also outline a roadmap to permanent residency in Australia for international students. We discuss how points are calculated and ways to get more points for a skilled points-based visa, and what is required to get an employer sponsorship. We then discuss ways in which you can find employment for the purposes of meeting eligibility criteria for a state sponsored skilled visa. We conclude with a discussion on IELTS tips to help you to meet the English language requirement.
Please also refer to our article on the 485 Visa Requirements And Qualification Criteria to learn about an important aspect that applies under the Graduate Work stream, that being the nexus, or connection between, your nominated occupation and your qualification/s (referred to as ‘closely related’). We also outline the English language requirement to qualify for a Temporary Graduate visa, which is another critical aspect of the temporary graduate visa application.
For our top five tips for applying for a Graduate visa, please see our Graduate Visa 485 Application Tips article.
Skilled Visa Options For Subclass 485 To PR
First up, let us examine the skilled visa options for visa subclass 485 to permanent residency.
Skilled (Independent) Visa
The Subclass 189 Skilled (Independent) visa grants automatic permanent residence in Australia. It is an independent visa which is subject to nil visa conditions or obligations. For this reason, this visa subclass 485 to permanent residency option is often considered to be the most flexible of the skilled visa options available. It is designed for skilled applicants who are not sponsored by an employer, state, or family member in Australia. This temporary graduate visa to permanent residency Australia option is points-based, which requires you to attain at least 65 points in the Migration Points Test to qualify.
The subclass 189 visa allows you to live and work in any State or Territory permanently.
To be eligible for a subclass 189 visa, you must meet the following key requirements:
- you must first submit an Expression of Interest (EOI) and be invited to apply for the visa. Invitations are issued by the Department of Home Affairs (the Department) periodically in what are called ‘invitation rounds;’
- your skilled occupation must be listed on a prescribed Skilled Occupation List (SOL) and you must possess minimum qualifications and/or employment experience as specified for that occupation;
- you must be under 45 years of age at time of invitation;
- a positive skills assessment is required;
- a minimum points test score of 65 must be achieved in the Migration Points Test; and
- you must have Competent English.
How Can You Use Your Time In Australia As A Temporary Graduate Visa Holder To Qualify For A Subclass 189 Visa?
You can use your time in Australia as a Subclass 485 visa holder to gain the required employment experience to meet the skills assessment criteria for your occupation and to score additional points in the Migration Points Test. You can also use the time to improve your English and prepare/complete an English language test to qualify for this subclass 485 visa to PR Australia.
Skilled (Nominated) Visa
The Subclass 190 Skilled (Nominated) Visa is a state sponsored permanent residence visa with similar requirements to the Skilled (Independent) Visa discussed above, but with an added requirement that a State or Territory Government must nominate you. This temporary graduate visa to permanent residency Australia option also grants you an additional five points towards the Migration Points Test, on account of the nomination.
The following main requirements to qualify for this subclass 485 to PR visa must be met:
- you must first apply to a State or Territory Government for nomination approval. You must meet specified requirements to be granted approval (which may be different to the criteria which you must satisfy when applying to the Department for the visa itself);
- you must also submit an EOI and be invited to apply for the visa (this is normally required to be done at the same time as you lodge your nomination application);
- your skilled occupation must be listed on a prescribed Skilled Occupation List (SOL), and you must possess minimum qualifications and/or employment experience as specified for your selected occupation;
- you must be under 45 years of age at the time the invitation is received;
- a positive skills assessment is required;
- a minimum points test score of 65 must be achieved in the Migration Points Test; and
- you must have Competent English.
How Can You Use Your Time In Australia As A Temporary Graduate Visa Holder To Qualify For A Subclass 190 Visa?
You can use your time in Australia as a Subclass 485 visa holder to gain the required employment experience to meet the skills assessment criteria for your occupation, to score additional points in the Migration Points Test and to meet State/Territory nomination criteria. You can also use the time to improve your English and prepare/complete an English language test to qualify for this subclass 485 to PR visa.
Skilled Work Regional (Provisional) Visa
The Subclass 491 Skilled Work Regional (Provisional) visa is a provisional state or family sponsored visa which provides a pathway to permanent residence with the Subclass 191 Permanent Residence (Skilled Regional) visa after three years if you meet certain criteria at that time. This 485 visa to PR Australia visa requires you to live and work in a designated regional area of Australia and requires nomination by a State or Territory Government. Alternatively, you may be sponsored by an eligible family member who is usually resident in a designated regional area of Australia. This visa option grants you an additional 15 points towards the points test, for the nomination/sponsorship. This temporary graduate visa to permanent residency Australia option has a visa term of five years.
The key requirements for visa grant are listed below:
- you must first apply to a State or Territory Government for nomination approval;
- you must also submit an EOI and be invited to apply for the visa (again, this is normally required to be done at the same time as you lodge your nomination application);
- your skilled occupation must be listed on a prescribed Skilled Occupation List (SOL), and you must possess minimum qualifications and/or employment experience as specified for the occupation;
- you must be under 45 years of age at the time the invitation is received;
- a positive skills assessment is required;
- a minimum points test score of 65 must be achieved; and
- you must have Competent English.
How Can You Use Your Time In Australia As A Temporary Graduate Visa Holder To Qualify For A Subclass 491 Visa?
You can use your time in Australia as a Subclass 485 visa holder to gain the required employment experience to meet the skills assessment criteria for your occupation, to score additional points in the Migration Points Test and to meet State/Territory nomination criteria. You can also use the time to improve your English and prepare/complete an English language test to qualify for this visa subclass 485 to permanent residency option.
Temporary Skill Shortage Visa
If you are after an employer sponsored skilled visa option, then you may like to consider a Subclass 482 Temporary Skill Shortage (TSS) visa, which requires you to be sponsored by an employer. This is a temporary visa allowing you to live and work in Australia for up to either two or four years, depending on your occupation. It also provides a pathway to permanent residence after you have worked in the nominated position for two out of three years before the TSS nomination application is made.
Please note that a TSS visa is not a permanent residency visa, but it is a stepping stone to a Subclass 186 permanent residency visa (which is discussed below in this article).
The key difference between the Subclass 482 visa and the Skilled (Independent) and State Sponsored visas discussed above is the requirement that an employer needs to sponsor you to fill a position in their business. This involves submitting multiple applications to the Department:
- the employer must apply for, and be approved as, a Sponsor;
- the employer must apply to nominate you for the position; and
- you must separately apply for the visa.
The above applications can all be lodged at the same time. It may also be the case that the sponsoring employer already has an existing approved sponsorship (as they last for five years generally) in which case you and your proposed employer may only need to submit a nomination and visa application.
Subclass 482 Visa Streams
To qualify for a subclass 482 TSS visa, you must select one of the following visa streams:
- Short-term stream – your nominated occupation must be included on the Short-Term Skilled Occupation List (STSOL). As the holder of this visa, you can work for your sponsor in Australia for up to two years (or for up to four years if an international trade obligation applies);
- Medium-term stream – your nominated occupation must be included on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL). As the holder of this visa, you can work for your sponsor in Australia for up to four years; and
- Labour Agreement stream – under this stream, your sponsoring employer must enter into a labour agreement with the Department of Home Affairs. This is an alternative to the standard business sponsorship application which is required to sponsor workers under the short-term or medium-term stream. As the holder of this visa, you can work for your sponsor in Australia for up to four years.
Some of the main criteria that must be met to qualify for a subclass 482 TSS visa are set out below.
Sponsorship Application
The first step in being eligible for a subclass 482 TSS visa is for your sponsoring employer to apply for, and be approved as, a Standard Business Sponsor (unless they already have an approved sponsorship in place).
To be approved as a Standard Business Sponsor, your employer must be lawfully operating a business, and have a strong record of, or a demonstrated commitment to, employing local labour, and declare that it will not engage in discriminatory recruitment practices. There must also be no adverse information known to the Department about your sponsoring employer, or a person associated with your sponsoring employer (or it is reasonable to disregard this information).
Alternatively, your sponsoring employer may apply for a labour agreement. If the business is located in a regional part of Australia, your sponsoring employer may consider applying for a Designated Area Migration Agreement (DAMA).
For further information on how your sponsoring employer may sponsor you in their business, please refer to our article on How To Become A Sponsor to learn about the different ways in which your employer may sponsor foreign workers. Please also see our Guide To Australian Sponsorship Visa Costs for information about the costs your employer can expect to incur if it proceeds with an employer sponsored visa option.
Nomination Application
The next step is lodgement of a nomination application by your sponsoring employer. A number of prescribed requirements for nomination approval must be satisfied, which include the following:
- the entity must be an approved sponsor or have a labour agreement in place;
- the entity must nominate an occupation included in ANZSCO, or as specified in a labour agreement;
- there must be no adverse information known to the Department about the business or any person associated with the business;
- the position must be genuine and generally be full-time employment;
- the entity must provide a written contract of employment for you as the proposed sponsored worker;
- you must be employed as a direct employee, or as an employee of an associated entity if your sponsoring employer is an Australian business sponsor;
- meet requirements relating to your nominated salary and employment conditions;
- provide evidence of labour market testing where required (this relates to advertising in the local labour market); and
- not engage in discriminatory recruitment practices.
Visa Application
Short-term Stream
The key requirements to be met for grant of a subclass 482 visa under the short-term stream include that you must:
- demonstrate that you have at least two years of employment experience in your nominated occupation or in a related field (this should generally be full-time employment completed in the last five years, although the Department may consider part-time employment). The nominated occupation must be included on the STSOL;
- have a relevant skills assessment (if required for your occupation);
- meet the genuine temporary entrant requirement. This is concerned with ensuring that you intend to genuinely reside in Australia temporarily and to comply with visa conditions; and
- meet an English language requirement.
The nomination application must also be approved.
Medium-term Stream
The key requirements to be met for grant of a subclass 482 visa under the medium-term stream include that you must:
- demonstrate that you have at least two years of employment experience in your nominated occupation or in a related field (should generally be full-time employment completed in the last five years, although the Department may consider part-time employment) and your nominated occupation must be included in the MLTSSL;
- have a relevant skills assessment (if required for your nominated occupation); and
- meet an English language requirement.
The nomination application must also be approved.
Labour Agreement Stream
The key requirements that you must satisfy for grant of a subclass 482 visa under the labour agreement stream include that you must:
- demonstrate that you have at least two years employment experience in your nominated occupation or in a related field (this can be disregarded if the labour agreement specifies otherwise);
- have a relevant skills assessment (if required according to the labour agreement);
- meet an English language requirement, which is generally the same as that which applies to applicants in the short-term stream (unless the labour agreement specifies a different English language competency requirement); and
- your nominated occupation must be included in a labour agreement between your sponsoring employer and the Government.
How Can You Use Your Time In Australia As A Temporary Graduate Visa Holder To Qualify For A TSS Visa?
You can use your time in Australia as a Subclass 485 visa holder to gain the required employment experience to be eligible for a TSS visa, and obtain a skills assessment for your occupation (where required). You can also use the time to improve your English and prepare/complete an English language test to qualify for this visa subclass 485 to permanent residency option. And importantly, a Subclass 485 visa gives you the time to develop the necessary rapport with an employer to encourage them to sponsor you for a TSS visa.
Employer Nomination Scheme (ENS) Visa
The ENS visa is a permanent residence visa. This 485 visa to PR Australia option has three streams: a Temporary Residence Transition (TRT), Direct Entry and Labour Agreement stream.
As a TSS visa holder, you may qualify for a Subclass 186 permanent employer nominated visa under the TRT stream if you have worked for your sponsoring employer on a full-time basis for at least two years out of the last three years (before being nominated for the ENS visa).
Alternatively, you may qualify for immediate permanent residence under the Direct Entry stream if you have at least three years of relevant skilled work experience and a positive skills assessment in your nominated occupation (unless an exemption applies).
Or you may be eligible for a Subclass 186 permanent employer nominated visa if you are sponsored for a subclass 482 TSS visa under the Labour Agreement stream. To qualify under this stream, you must have the minimum qualifications, experience and English language skills that are suitable to perform your nominated occupation (in accordance with the labour agreement). And, as a TSS visa holder, you must have worked for your sponsoring employer on a full-time basis for at least three years.
This temporary graduate visa to permanent residency Australia option requires two applications to be lodged in all cases: one for the nomination (which relates to the position which you are being nominated for, and one for the visa (which requires you to meet specified criteria for grant of the visa).
Some of the main requirements that apply include (note these vary depending on which stream you apply under):
- your skilled occupation must be listed in the prescribed Skilled Occupation List (under the Direct Entry stream) or in a labour agreement (under the Labour Agreement), and you must demonstrate that you have the minimum qualifications and/or employment experience as specified for your nominated occupation. Alternatively, your nominated occupation must be included in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) to be nominated under the TRT stream;
- you must be under 45 years of age at the time of application (unless an exemption applies or a labour agreement specifies otherwise);
- A positive skills assessment may be required; and
- you must have Competent English (unless an exemption applies or a labour agreement specifies otherwise).
How Can You Use Your Time In Australia As A Temporary Graduate Visa Holder To Qualify For An ENS Visa?
You can use your time in Australia as a Subclass 485 visa holder to gain the required employment experience and to obtain a skills assessment for your occupation (where required). You can also use the time to improve your English and prepare/complete an English language test to qualify for this subclass 485 to PR option.
Skilled Employer Sponsored Regional (Provisional) Visa
The Subclass 494 Skilled Employer Sponsored Regional (SESR) (Provisional) visa is a regional employer sponsored provisional visa which provides a pathway to permanent residence with the Subclass 191 Permanent Residence (Skilled Regional) visa after three years if you meet certain criteria at that time. This visa requires you to live and work in a designated regional area of Australia and requires you to be sponsored by an employer. It has a visa term of five years.
Please note that the SESR visa is not a permanent residency visa, but it is a stepping stone to a Subclass 191 permanent residency visa (which is discussed below in this article).
The key requirements for visa grant are that you must:
- be aged under 45 years at time of application;
- have a positive skills assessment for a skilled occupation on the relevant Skilled Occupation List (SOL);
- have a minimum of three years employment experience in your nominated occupation (on a full-time basis and at the skill required for the occupation); and
- have a minimum level of Competent English (exceptions may apply).
Your sponsoring employer must also meet a number of requirements, including:
- be an approved Standard Business Sponsor (SBS) and an Australian business;
- demonstrate that the nominated position is genuine, full-time and likely to exist for five years;
- you must be engaged as an employee under a written contract of employment (unless an exemption applies);
- the nominated position must be located in a designated regional area;
- the occupation must be on the relevant SOL and any applicable caveats must be met;
- Labour Market Testing (LMT) must be undertaken;
- demonstrate that the Annual Market Salary Rate (AMSR) is at least equal to or greater than the Temporary Skilled Migration Income Threshold (TSMIT);
- your nominated annual earnings must not be less than the AMSR, and must be equal to or greater than the TSMIT;
- an independent body must confirm that you will be paid at least the AMSR;
- a Skilling Australian Fund (SAF) levy will apply ($3,000 where business turnover is less than $10 million, and $5,000 payable for businesses with a turnover above this threshold); and
- terms and conditions of employment for nominated overseas workers must be no less favourable than for Australian employees.
There is also a Labour Agreement stream for employers in regional Australia who have a labour agreement with the Government to source skilled overseas workers to work in an occupation specified in the labour agreement for five years. As with the Employer Sponsored stream noted above, Subclass 494 visa holders under this stream are also eligible to apply for permanent residence after three years.
How Can You Use Your Time In Australia As A Temporary Graduate Visa Holder To Qualify For An SESR Visa?
You can use your time in Australia as a Subclass 485 visa holder to gain the required employment experience to be eligible for an SESR visa, and obtain a skills assessment for your occupation. You can also use the time to improve your English and prepare/complete an English language test to qualify for this subclass 485 to PR option. And importantly, a Subclass 485 visa gives you the time to develop the necessary rapport with an employer to encourage them to sponsor you for an SESR visa.
Permanent Residence Skilled Regional Visa
To be eligible for a Subclass 191 Permanent Residence (Skilled Regional) visa, you must have held a Subclass 494 visa for at least three years.
Other key requirements include that you must:
- have complied with visa condition 8579 whilst you held the subclass 494 visa (this condition requires that you have lived, worked and studied only in a designated regional area of Australia); and
- have complied substantially with the conditions on your subclass 494 visa and any subsequent bridging visa that you held.
You must also provide Notices of Assessment issued by the Australian Taxation Office (ATO) for three income years out of the five years that you held a Subclass 494 visa.
Get More Information About A Skilled Visa
To learn more about applying for a skilled visa, including key features and eligibility requirements, we recommend that you refer to the following articles.
Australian Skilled Migration Visa List
General Skilled Migration Visa Options
SAF Skilling Australians Fund Levy
General Skilled Migration Visa Points
Subclass 190 State Sponsorship Visa
Australian Skilled Occupations List
Australian Permanent Resident Visa Case Study
State Sponsorship Visas In Australia
South Australia State Sponsorship Opportunities
Skilled Regional Visa Australia
Regional Sponsor Migration Scheme
Regional Sponsored Visa Requirements
English Requirements For Skilled Visas
Tasmanian Skilled Migration Nomination Pathways In 2023-24
Introduction Of The Innovation and Early Careers Skills Exchange Pilot Under The A-UKFTA
South Australian Skilled Migration Nomination Pathways In 2023-24
Get More Information About An Employer Sponsored Visa
To learn more about applying for an employer sponsored skilled visa, we recommend that you refer to the following articles.
Employer Nomination Migration Scheme
Employer Sponsor Visa Requirements
Changes To 457 Temporary Work Skilled Visa
Business Requirements For Accredited Sponsorship
Does 482 Visa Require Skills Assessment
How To Sponsor An Employee For A Work Visa Or Permanent Residency
Overview Of Australian Work Visas And Employer Sponsorship
Guide To Australian Sponsorship Visa Costs
Labour Market Testing Requirements
Requirements For Regional Employer Sponsored Skilled Visas
How To Renew 482 Visa And Extension Limitations
Permanent Residence Eligibility Extended For Certain Subclass 457 And 482 Visa Holders
Minimum Salary For Visa Sponsorship
How To Sponsor A Worker From Overseas
Applying For Temporary Skill Shortage Visa
Obligations For Standard Business Sponsorship
How To Become An Accredited Sponsor
How To Become A Temporary Activities Sponsor
Seasonal Worker Program Replaced By The Pacific Australia Labour Mobility (PALM) Scheme
Guide To Hiring And Employing Overseas Workers
What To Do When 482 Visa Nomination Is Refused
Visa Options For Employer Sponsors And Skilled Workers
Employer Sponsored 494 Visa Processing Times
Short And Medium Term Stream Visas
Expanded eligibility for permanent residence for TSS visa holders
All Subclass 482 TSS Visa Holders To Be Eligible For Permanent Residency From 25 November 2023
Partner Visa Options For 485 Visa To PR Australia
Next, we take a look at the Partner visa options for subclass 485 to PR.
A Partner visa is designed for applicants who are in a married or de facto relationship with an Australian partner. An ‘Australian partner’ for this purpose means an Australian citizen or permanent resident visa holder, or an eligible New Zealand citizen. There are two options available in this visa category (an onshore and offshore option), both of which provide a pathway to permanent residence in Australia. These visa options are also available to applicants who are in same-sex relationships.
As part of partner visa Australia requirements for visa grant, your Australian partner must be approved as a sponsor on your application. Age requirements also apply.
A critical aspect in determining the class of partner visa which you may qualify for is based on assessing the nature of your relationship with your Australian partner, and whether the application is to be lodged onshore or from outside Australia.
Married And De Facto Relationships
If you are married to, or are in a de facto relationship with, an Australian partner, and you are located onshore, you may consider whether you are eligible to apply for a Subclass 820/801 Partner visa.
If you are outside Australia, the equivalent offshore application is the Subclass 309/100 Partner visa.
Note that the bulk of your application will consist of submitting evidence to support your claims that your relationship is genuine and that it satisfies the relevant meaning of either a spouse or de facto relationship under the migration provisions.
Spouse Relationship
Your marriage must be legally valid under Australian law (which will be most relevant for marriages that take place outside Australia). A minimum age requirement of 18 generally applies, however, this is lowered to age 16 if certain requirements are met.
The definition of a spouse relationship also requires you to demonstrate that you and your Australian spouse have a mutual commitment to a shared life as a married couple, to the exclusion of all others, that your relationship is genuine and continuing, and that you are not living separately and apart on a permanent basis.
In assessing whether you meet this definition, the Department will examine the financial and social aspects of your relationship, the nature of your household and of your commitment to one another.
This means demonstrating things like:
- jointly owning real estate and/or other major assets, joint responsibility for a lease or mortgage and/or a joint bank account (financial aspect);
- the relationship being known to third parties, having friends in common, receiving joint invitations, attending social events and travelling together (social aspect);
- sharing a household and domestic responsibilities, caring for and supporting children (where applicable), household bills and other mailed correspondence either in joint names or addressed to you individually at the same address (household aspect); and
- your intention to be in a committed, long-term and exclusive married relationship, having knowledge of each other’s background, family situation or other personal details, the terms of your wills, your superannuation beneficiary and maintaining contact for any periods spent apart (commitment aspect).
De Facto Relationship
To satisfy the definition of a de facto relationship, you must:
- not be married to one another;
- have a mutual commitment to a shared life to the exclusion of all others;
- have a genuine and continuing relationship;
- live together, or if you do live apart, this must only be temporary (i.e. you must not live ‘separately and apart’ on a permanent basis);
- not be related by family; and
- both be at least 18 years of age.
To demonstrate that you meet these requirements, as part of your application you need to address each of the following aspects of your relationship:
- Financial – to demonstrate the pooling of financial resources, joint asset ownership and/or assuming joint liabilities
- Social – to demonstrate that your relationship is recognised by others as being genuine (e.g. in the eyes of family and friends) and that you jointly engage in social events and travel/other activities, etc.
- Household – to demonstrate your living arrangements and how you organise your domestic responsibilities (e.g. cooking, cleaning, etc.) and provide care and support for children
- Commitment to one another – to demonstrate the length and history of your relationship, your intention for it to be a continuing one and how you maintained contact for any periods when you lived apart.
De facto relationships are also subject to additional eligibility requirements to qualify for a partner visa.
Partner Visa Application Process
For both the onshore and offshore partner visa options, you are required to lodge a combined application for a temporary and permanent residence visa. If you apply for an onshore partner visa, you will be granted a bridging visa, which will allow you to remain lawfully in Australia whilst you await processing of your subclass 820 temporary partner visa application.
At the first processing stage, you will be assessed for the temporary partner visa only. If your application is successful and the visa is granted, you will be permitted to reside in Australia with your partner whilst you await a decision on the permanent partner visa Australia, which the Department will commence processing once two years have passed since lodgement of your application.
Long-term Relationships
Relationships which are classified as ‘long-term’ under the migration provisions are assessed for both the temporary and permanent residence visas at the first processing stage and are therefore fast-tracked by ‘skipping’ a step. That is, eligible applicants are granted the subclass 801 (for onshore applications) or subclass 100 (for offshore applications) permanent partner visa.
A long-term relationship is one which has been in existence for a minimum period of:
- three years; or
- two years, where there is a dependent child of the relationship.
Get More Information About The Subclass 820/801 Partner Visa And The Subclass 309/100 Partner Visa
We have prepared the following detailed guides on the provisional and permanent partner visas (both onshore and offshore), which we highly recommend that you refer to for more information.
Get More Information About A Partner Visa
To learn more about applying for a Partner visa, including the eligibility requirements and evidentiary requirements, we recommend that you refer to the following articles.
Partner Visa Sponsor Requirements
Australia Partner Visa Changes
Overview Of Partner Visas In Australia
Partner Visa Application Process
Marrying An Australian To Get Residency
Australian Partner Visa Checklist
What Are The Requirements For Spouse Visa In Australia
Partner Visa Sponsor Requirements
Bridging Visa For Partner Visa
Partner Visa Evidence Examples
Wife Visa Australia Requirements
Evidence Of Genuine And Continuing Relationship
Immigration Sponsorship Bar Policy
Differences Between Permanent And Provisional Partner Visas
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Contact us to book a no-obligation consultation to find out more about the visa subclass 485 to permanent residency options that are available.
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In conclusion, we note that the above discussion provides an overview of the temporary graduate visa, as well as the permanent residency Australia options that you may like to consider, including their key features and requirements. We have also provided links to further information so that you can learn more about the Subclass 485 visa to PR Australia options that are available.
Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice if you are seeking to apply for a visa subclass 485 to permanent residency, as being fully informed will give you the best chance of achieving a successful outcome on your case. A migration professional can help you to do this.
For up-to-date advice on temporary graduate visa to permanent residency Australia options, and how you can formulate a visa pathway to permanent residency in Australia, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide.
Sources/Links
Australian Government – Department of Home Affairs – ImmiAccount
