Extension of certain subclass 485 (Temporary Graduate Visas)
Further initiatives to those impacted by COVID-19
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.
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.
Regulations 2022 apply in relation to any Subclass 485 (Temporary Graduate) visa granted before, on or after 31 January 2020
Legislative instrument:
Schedule 1—Extension of certain Subclass 485 (Temporary Graduate) visas
Migration Regulations 1994
Division 485.5 of Schedule 2
1) Despite clauses 485.511, 485.512 and 485.513, a visa to which subclause (2) or (3) of this clause applies is a temporary visa permitting the holder to travel to, enter and remain in Australia until 30 September 2022.
(2) This subclause applies to a Subclass 485 (Temporary Graduate) visa held by a person if:
(a) the visa was granted when the person was in Australia; and
(b) the visa was granted on the basis that the person satisfied the primary criteria for the grant of the visa; and
(c) the person is outside Australia on a day: (i) occurring between 1 February 2020 and 14 December 2021; and (ii) on which the visa is in effect (disregarding this clause); and
(d) the day (the end day) that is the last day on which, disregarding this clause, the person can travel to, enter and remain in Australia under the visa is before 1 October 2022; and
(e) the visa is not cancelled before the end day; and
(f) between the date of grant of the visa and the end day, no other substantive visa comes into effect for the person.
(3) This subclause applies to a Subclass 485 (Temporary Graduate) visa held by a person if:
(a) the visa was granted on the basis that the person satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person who holds a visa (the primary visa) granted on the basis of satisfying the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa; and
(b) subclause (2) applies to the primary visa.
This is welcome news for many students who were unable to benefit from the 485 visa due to COVID-19. The government is expected to announce further concessions in due course.
