Australian Immigration Daily News

Overview

The Temporary Graduate (subclass 485) visa is for international students who have recently graduated from an Australian education or training institution. It allows international graduates (and members of their family unit), to live, study and work in Australia temporarily. Subclass 485 visas are usually granted for a period between one and four years, depending on the visa stream and qualification level. Hong Kong and British National Overseas passport holders may stay for five years.

On 25 November 2021, the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs and the Minister for Education and Youth jointly announced that the Government intends to introduce a replacement subclass 485 visa for holders who have lost time in Australia as a result of COVID-19 international travel restrictions The replacement visa would be available to people who were outside of Australia at any time between 1 February 2020 and 15 December 2021 while they held a valid subclass 485 visa. This reflects the period of international travel restrictions impacting affected visa holders, noting that from 15 December 2021, Australia reopened to fully vaccinated eligible visa holders, including subclass 485 visa holders, without needing to apply for a travel exemption.

The joint announcement noted the replacement visa would be open for applications from mid 2022. To assist affected subclass 485 visa holders (and former holders) in the meantime, Schedule 1 to the Amendment Regulations amends the Migration Regulations to provide for the periods of certain subclass 485 visas to be extended until 30 September 2022. This will allow visa holders affected by COVID-19 international travel restrictions to enter or remain in Australia to live, study and work until they are able to apply for, and be granted, the replacement visa from mid 2022.

This extension applies to all subclass 485 visa holders, where the primary visa holder:

- was outside of Australia at any time between 1 February 2020 and 14 December 2021 and holds or held a subclass 485 visa which was in effect during that time which has ceased, or would have ceased, before 1 October 2022, but was not cancelled; and

- has not been granted another substantive visa.

The same extension applies to secondary visa holders, that is, persons who were granted a subclass 485 visa on the basis of being the member of the family unit of the primary visa holder, if the primary visa holder is eligible.

Source: Extension-of-Temporary-Graduate-and-Skilled-Regional-Provisional-Visas.pdf and

Extension-of-Temporary-Graduate-and-Skilled-Regional-Provisional-Visas-Explanatory-Statement.pdf