Did you know that you could now be eligible for a second Subclass 485 Temporary Graduate Visa?
In March 2019, the government announced the introduction of a new Subclass 485 Temporary Graduate Visa, which provides international students who are studying at regional universities with access to an additional one to two years in Australia on a post-study work visa. This new Temporary Graduate Visa, which requires ongoing residence in either a regional centre or other regional area, or in a designated regional area, provides an added incentive for international students to study and live in regional Australia. This is part of a suite of measures which aim to attract more migrants to settle in Australia’s smaller cities and regions to support their growth and to help fill much needed employment vacancies, as well as to ease pressure on the major cities.
To be eligible, international students must:
- have graduated from a registered education institution with a higher education or postgraduate qualification for which study was undertaken in either:
– a regional centre or other regional area at an educational institution located in the regional centre or other regional area; or
– a designated regional area at an educational institution located in the designated regional area;
- have lived only in a regional centre or other regional area or in a designated regional area whilst undertaking study which led to the grant of the first subclass 485 visa; and
- maintain continuing residence in a regional centre or other regional area or in a designated regional area for at least two years whilst holding their first Temporary Graduate Visa.
What Qualifications Are Required To Qualify For A Temporary Graduate Visa?
A ‘registered’ education institution means an Australian university and non-university education provider which is registered with the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) and which offers courses at degree-level or above.
Acceptable qualifications to qualify for a post-study work visa are:
- Bachelor Degree;
- Bachelor (Honours) Degree;
- Masters by Coursework Degree;
- Masters by Research Degree;
- Masters (Extended) Degree and/or;
- Doctoral Degree.
Note that the qualification requirements are assessed when you apply for your first subclass 485 visa.
What Are The Regional Requirements To Qualify For A Second Post-Study Work Visa?
When applying for your second temporary graduate visa, the key requirements for the Department of Home Affairs (the Department) to consider are whether you meet the regional study and regional residence requirements, which are summarised below:
- Did you undertake your study in the relevant regional area at an educational institution located in the relevant regional area?
- Did you live only in the relevant regional area whilst you undertook the above study?
- Did you live only in a relevant regional area for a period of at least two years immediately before applying for your second temporary graduate post-study work visa?
- If you also worked and/or studied, did you do so only in a relevant regional area for a period of at least two years immediately before applying for your second subclass 485 visa?
- Do you live only in a relevant regional area at the time of decision on the application for your second subclass 485 visa?
- If you also work and/or study at the time of decision on the application for your second subclass 485 visa, do you do so only in a relevant regional area?
- Do you and any accompanying dependent family members declare in your application for your second post-study work visa your intention to live only in a relevant regional area?
- If you also intend to work and/or study, do you and any accompanying dependent family members declare in your application for your second post-study work visa your intention to do so only in a relevant regional area?
These are the key questions that will determine your eligibility for an additional 1-2 year temporary stay in Australia on a post-study work visa.
Before we continue out discussion and consider the above requirements in more detail, it is important to also note that you are not required to provide evidence of English language proficiency or a new Australian Federal Police (AFP) clearance when applying for your second subclass 485 visa. However evidence of adequate health insurance held from time of application lodgement must be provided.
Also be aware that a maximum of two post study work 485 visas may be held.
Does this sound like something that you might be interested in? Well, the good news is that eligible graduate visa holders in the post-study work stream may now qualify for this new visa (which commenced on 20 January 2021).
Regional Postcodes
As we delve in the detail, let us first define the prescribed postcodes which determine where you must live, work and study to qualify for a second temporary graduate visa 485.
Which Regional Areas Are Eligible For A Second Temporary Graduate Visa?
The definition of ‘regional’ for migration purposes comprises of categories 1, 2 and 3.’ The following categories apply to the second visa subclass 485:
Category 2
This category comprises the ‘Designated Cities and Major Regional Centres’ of Perth, Adelaide, the Gold Coast, the Sunshine Coast, Canberra, Newcastle/Lake Macquarie, Wollongong/Illawarra, Geelong and Hobart.
Designated City Or Major Regional Centre Postcodes
Listed below are the prescribed postcodes for Designated City Or Major Regional Centre:
| State or Territory
|
Designated City or Major Regional Centre Postcodes |
| New South Wales | 2259, 2264 to 2308, 2500 to 2526, 2528 to 2535 and 2574 |
| Victoria | 3211 to 3232, 3235, 3240, 3328, 3330 to 3333, 3340 and 3342 |
| Queensland | 4207 to 4275, 4517 to 4519, 4550 to 4551, 4553 to 4562, 4564 to 4569 and 4571 to 4575 |
| Western Australia | 6000 to 6038, 6050 to 6083, 6090 to 6182, 6208 to 6211, 6214 and 6556 to 6558 |
| South Australia | 5000 to 5171, 5173 to 5174, 5231 to 5235, 5240 to 5252, 5351 and 5950 to 5960 |
| Tasmania | 7000, 7004 to 7026, 7030 to 7109, 7140 to 7151 and 7170 to 7177 |
| Australian Capital Territory | All postcodes in the Australian Capital Territory |
Category 3
Category 3 comprises ‘Regional Centres and Other Regional Areas,’ which is all other locations (i.e. which are not included in categories 1 and 2). That is, all locations outside Sydney, Melbourne, Brisbane, Perth, Adelaide, Gold Coast, Sunshine Coast, Canberra, Newcastle/Lake Macquarie, Wollongong/Illawarra, Geelong and Hobart.
Regional Centres And Other Regional Areas Postcodes
Listed below are the prescribed postcodes for Regional Centres And Other Regional Areas:
| State or Territory
|
Regional Centre or Other Regional Area postcodes |
| New South Wales | 2250 to 2258, 2260 to 2263, 2311 to 2490, 2527, 2536 to 2551, 2575 to 2739, 2753 to 2754, 2756 to 2758 and 2773 to 2898 |
| Victoria | 3097 to 3099, 3139, 3233 to 3234, 3236 to 3239, 3241 to 3325, 3329, 3334, 3341, 3345 to 3424, 3430 to 3799, 3809 to 3909, 3912 to 3971 and 3978 to 3996 |
| Queensland | 4124 to 4125, 4133, 4183 to 4184, 4280 to 4287, 4306 to 4498, 4507, 4552, 4563, 4570 and 4580 to 4895 |
| Western Australia | All postcodes in Western Australia not mentioned in the category 2 table above |
| South Australia | All postcodes in South Australia not mentioned in the category 2 table above |
| Tasmania | All postcodes in Tasmania not mentioned in the category 2 table above |
| Northern Territory | All postcodes in the Northern Territory |
| Norfolk Island | All postcodes in Norfolk Island |
| Other territories | All postcodes in a Territory other than the Australian Capital Territory, the Northern Territory or Norfolk Island |
Which Regional Areas Are Not Eligible For A Second Temporary Graduate Visa?
Category 1, which comprises the ‘Major Cities’ of Sydney, Melbourne and Brisbane, do not receive any regional incentives, and are therefore not eligible for the second temporary graduate visa 485.
How Do You Qualify For A Second Temporary Graduate Visa 485?
To be eligible for an additional 1-2 years in Australia on a second visa subclass 485, you must satisfy the following main requirements:
- be aged under 50 at time of application lodgement;
- hold a valid first Temporary Graduate subclass 485 visa in the post-study work stream (this means you must apply for your second subclass 485 visa before your first subclass 485 visa expires);
- meet one of the following (criterion A or B):
Criterion A: Regional Centre Or Other Regional Area
- you were granted your first subclass 485 visa on the basis of study undertaken in a regional centre or other regional area at an educational institution located in the regional centre or other regional area;
- declare in the application for the second subclass 485 visa that you, as the primary applicant, and any accompanying family members making a combined application with you, intend:
(i) to live only in a regional centre or other regional area; and
(ii) if you or or family member also intends to work or study—to work or study only in a regional centre or other regional area.
- you must have:
(a) lived only in a regional centre or other regional area whilst undertaking the study which resulted in the grant of your first Temporary Graduate visa in the post-study work stream (where study must have been undertaken in a regional centre or other regional area at an educational institution located in the regional centre or other regional area);
(b) lived only in a regional centre or other regional area for a period of at least 2 years immediately before applying for the second subclass 485 visa; and
(c) if you also worked or studied—you must have done so only in a regional centre or other regional area for a period of at least 2 years immediately before applying for your second subclass 485 visa.
- At the time of the decision on the application for the second subclass 485 visa:
(a) you must live only in a regional centre or other regional area; and
(b) if you also work or study at that time—you must do so only in a regional centre or other regional area.
What Is A Regional Centre Or Other Regional Area?
This category comprises of all prescribed locations which are not classified as category 1 or 2 postcodes (as referred to in the category 3 table above).
Criterion B: Designated Regional Area
- you were granted your first subclass 485 visa on the basis of study undertaken in a designated regional area at an educational institution located in the designated regional area;
- you must have:
(a) lived only in a designated regional area whilst undertaking the study which resulted in the grant of your first Temporary Graduate visa in the post-study work stream (where study must have been undertaken in a designated regional area at an educational institution located in the designated regional area);
(b) lived only in a designated regional area for a period of at least 2 years immediately before applying for the second subclass 485 visa; and
(c) if you also worked or studied—you must have done so only in a designated regional area for a period of at least 2 years immediately before applying for your second subclass 485 visa.
- At the time of the decision on the application for the second subclass 485 visa:
(a) you must live only in a designated regional area; and
(b) if you also work or study at that time—you must do so only in a designated regional area;
- declare in the application for the second subclass 485 visa that you, as the primary applicant, and any accompanying family members making combined application with you, intend:
(i) to live only in a designated regional area; and
(ii) if you or your family member also intends to work or study—to work or study only in a designated regional area.
What Is A Designated Regional Area?
This means a designated city or major regional centre, or a regional centre or other regional area.
Designated city or major regional centre
This category comprises of Perth, Adelaide, the Gold Coast, the Sunshine Coast, Canberra, Newcastle/Lake Macquarie, Wollongong/Illawarra, Geelong and Hobart (postcodes referred to in the category 2 table above).
Regional centre or other regional area
This category comprises of all prescribed locations which are not classified as category 1 or 2 postcodes (as referred to in the category 3 table above).
Who Is Not Eligible For A Second Visa Subclass 485?
You cannot qualify for a second Temporary Graduate Visa if you have previously held:
- a Subclass 485 visa in the Graduate Work stream;
- a second Subclass 485 visa; or
- a Subclass 476 Skilled – Recognised Graduate visa as a primary visa holder.
Are Family Members Eligible For a Second Temporary Graduate Visa?
Yes, eligible family members may also qualify for a second subclass 485 temporary graduate visa, and can apply together with the primary subclass 485 visa applicant in a combined application (subject to meeting all relevant requirements, including health and character criteria).
How Long Is The Second Temporary Graduate Visa Granted For?
The second subclass 485 visa validity period will depend whether you meet criterion A or B requirements (as discussed above). That is:
- where you lived whilst undertaking the study which led to the grant of your first subclass 485 visa;
- where the above study was undertaken and where the educational institution is located;
- where you lived (and worked and/or studied, if applicable) for a period of at least 2 years immediately before applying for your second subclass 485 visa;
- where you live (and work and/or study, if applicable) at the time of the decision on the application for the second visa; and
- where you declare that you an any accompanying family members intend to live (and work and/or study) in your application for a second post-study work visa.
If your answer to all of the above is in a category 3 area (which means you meet criterion A requirements), you will qualify for an additional two-year visa.
If your answer to any of the above is a category 2 area (which means you meet criterion B requirements), you will qualify for an additional one-year visa.
Thus if you have moved between categories 2 and 3, you will be considered for the shorter one-year visa.
If, however, your answer to the above is a category 1 area (which does not meet either criterion A or B requirements), you will not be eligible for a second post-study work visa.
Also note that If you have been away from your usual residence for a holiday or short work trip, you may still qualify for a second subclass 485 visa (i.e. this will not affect your residence for this purpose).
When Does The Second Post-Study Temporary Graduate Visa Come Into Effect?
Your second subclass 485 visa will commence upon the expiry of your first post-study work visa (or when it would otherwise have expired). This means you will have the full benefit of both your first and second temporary graduate visas (i.e. grant of the second visa will not cut short its visa validity period).
Where Do You Need To Apply For a Second Temporary Graduate Visa From?
Temporary Graduate post-study work stream visa holders (both primary and secondary) must be in Australia to apply for a second Temporary Graduate post-study work stream visa.
What Visa Conditions Apply To A Second Post-Study Work Visa?
The primary and all secondary family members must abide by visa condition 8610, which stipulates the following:
- if the second subclass 485 visa is granted on the basis of satisfying visa grant requirements pertaining to criterion A above (regional centre or other regional area) – the visa holder must, while in Australia, live, work and study only in a part of Australia that meets the regional centre or other regional area definition; and
- if the second subclass 485 visa is granted on the basis of satisfying visa grant requirements pertaining to criterion B above (designated regional area) – the visa holder must, while in Australia, live, work and study only in a part of Australia that meets the designated regional area definition.
All applicants must declare in the application for the second post-study work visa that they will abide by this condition. Failing to comply with condition 8610 may result in the cancellation of the visa.
In addition, all visa holders will be subject to visa condition 8501, which prescribes that the holder must maintain adequate arrangements for health insurance whilst the holder is in Australia.
A Temporary Graduate Subclass 485 visa can be a good next step for temporary graduate visa holders to extend their stay in Australia and to have unrestricted work, study and travel rights. This change to the post-study work stream means eligible applicants will be able to remain in Australia for a minimum period of three years on a Temporary Graduate Visa. For applicants who are seeking to apply for a permanent residence visa as part of their migration pathway to Australia, having an extra year onshore to prepare and work towards meeting eligibility requirements may prove to be very beneficial.
For up to date advice on the Temporary Graduate visa, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide.
Get More Information
We have prepared a series of guides to assist you in understanding how the Temporary Graduate visa application works and issues you need to be aware of when embarking on this type of application. We have provided the online links to these articles below for your reference.
International Graduates Continue to Get Caught Out on Graduate Visa
What are different temporary graduate visa streams and how to qualify for these streams
Qualification criteria for Temporary Graduate subclass 485 visa
Occupation lists – what are they and how do they apply to graduates?
Comprehensive Guide to Temporary Graduate Subclass 485 Visa
Top 5 Graduate Visa Tips AND How to spend your time on a graduate visa wisely
Most common refusal reasons for graduate visas
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Contact us to book a no-obligation consultation to find out more about how you may qualify for a second temporary graduate visa for international graduates in regional Australia.
References/Links:
The Hon David Coleman MP – Former Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs – Joint media release with the Hon Scott Morrison MP, Prime Minister, the Hon Alan Tudge MP and the Hon Dan Tehan MP – Morrison Government increases regional migration target – Saturday, 26 October 2019
Australian Government – Department of Education, Skills and Employment – Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)
https://cricos.education.gov.au/
