485 Visas Secondary Applicants Not Excluded - Details From Migration Agent In Sydney

To apply for family members (secondary applicants) of the subclass 485 visa holder From the Department of Home Affairs MIA has received feedback that the same arrangement continues. From applying for, or being granted, another subclass 485 visa as the primary applicant a person who previously held a subclass 485 visa as a secondary visa holder is not excluded. 

The law has been amended regulating the Temporary Graduate Visa (subclass 485). On 20 January 2021 the change was introduced and there was confusion regarding the interpretation of this new law. For proper guidance about 485 visa applications contact us – Migration Agent in Sydney.

This change will limit the number of people as per one of the interpretations of the law who can apply for the subclass 485 visa. You will not be eligible for a subclass 485 visa as a primary applicant, if you have held a subclass 485 visa as a secondary applicant on your partner’s 485 visas. However the previous arrangement continues to apply and DHA have now confirmed that this is an error in drafting the legislation. For proper guidance about 485 visa applications contact us – Immigration Agent in Sydney.

On 20 January 2021 the law as it stands today and updated.

485.211 

The Applicant: 

a) In the Graduate Work stream that has not previously held a Subclass 485 (Temporary Graduate) and

b) Visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa has not previously held a Subclass 476 (Skilled – Recognized Graduate) and 

c) Has not previously held 2 Subclass 485 (Temporary Graduate) visas in the Post study Work stream.

d) unless the applicant meets the requirements of clause 485.232 or 485.233 and has nominated the Post Study Work stream in the application – in the post¬ study work stream visa has not previously held a subclass 485(Temporary Graduate).

You will be precluded from a subclass 485 visa based on the above if you:

• In the graduate work stream held a subclass 485 visa 

• In the post¬ study work stream held a subclass 485 visa and study in a regional area and did not live

• In the post¬ study work stream held two subclass 485 visas 

• Held a 476 subclass Visa 

The law in the past reads:

485.211

The applicant:

a) The applicant satisfied the primary criteria for the grant of the visa that has not previously held a Subclass 485 visa that was granted on the basis.

b) The applicant satisfied the primary criteria for the grant of the visa; Has not previously held a Subclass 476 (Skilled – Recognized Graduate) visa that was granted on that basis.

Who plan to hold subclass 485 visas as a primary and secondary applicant, this change would have made drastic impact on many people. 

From 19 September 2020 during a concession period it is possible to apply for Subclass 485 visas from outside Australia. Accordingly, for the Subclass 485 visa the enforced delay in applying, which has occurred during 2020 because travel restrictions of the Covid – 19, after 19 September 2020 will not occur. From outside Australia during a concession period International students who may be affected by ongoing or future travel restrictions will be able to Page 1 apply for Subclass 485 visas and within six months will be required to do of satisfying the ASR. For proper guidance about 485 visa applications contact us – Migration Agency in Sydney.