Subclass 485 — Temporary Graduate

485.1—Interpretation

485.111

In this Part: associate degree means an associate degree, under the Australian Qualifications Framework, that is awarded by a body authorised to award associate degrees. completed, in relation to an associate degree, degree, diploma or trade qualification, means having met the academic requirements for its award. Note: The academic requirements for the award of an associate degree, degree, diploma or trade qualification do not include the formal conferral of the associate degree, degree, diploma or trade qualification. Therefore, a person can complete an associate degree, degree, diploma or trade qualification, for the purposes of this definition, before the award is formally conferred.

degree means a formal educational qualification, under the Australian Qualifications Framework, awarded by an Australian educational institution as a bachelor degree, a masters degree, a doctoral degree or a graduate diploma for which:

(a) the entry level to the course leading to the qualification is satisfactory completion of:

(i) in the case of a bachelor degree—year 12 in the Australian school system or of equivalent schooling; and

(ii) in the case of a masters degree—a bachelor degree awarded at an Australian educational institution or of an equivalent award; and

(iii) in the case of a doctoral degree—a bachelor degree awarded with honours, or a masters degree, at an Australian educational institution or of an equivalent award; and

(iv) in the case of a graduate diploma—a degree (the preceding degree for the graduate diploma) to which subparagraph (i), (ii) or (iii) applies; and

(b) in the case of a graduate diploma—the course leading to the qualification:

(i) is a related course of study to the course leading to the award of the preceding degree for the graduate diploma; and

(ii) is commenced within the same, or the next, academic year as the academic year in which the preceding degree for the graduate diploma was completed.

diploma has the same meaning as in subregulation 2.26AC(6). trade qualification has the same meaning as in subregulation 2.26AC(6). Note 3: For registered course, relevant assessing authority and skilled occupation, see regulation 1.03.

485.2—Primary criteria

Note: The primary criteria for the grant of a Subclass 485 visa include criteria set out in streams. If an applicant applies for a Subclass 485 visa in the Post-Vocational Education Work stream, the criteria in Subdivisions 485.21 and 485.22 are the primary criteria for the grant of the visa. If an applicant applies for a Subclass 485 visa in the Post-Higher Education Work stream, the criteria in Subdivisions 485.21 and 485.23 are the primary criteria. If an applicant applies for a Subclass 485 visa in the Replacement stream, the criteria in Subdivision 485.21 are the primary criteria. There are no additional primary criteria for the Replacement stream. The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. All criteria must be satisfied at the time a decision is made on the application, unless otherwise stated.

485.21—Common criteria

Note: These criteria are for all applicants seeking to satisfy the primary criteria for the grant of a Subclass 485 visa.

485.211

The applicant:

(a) has not previously held a Subclass 476 (Skilled — Recognised Graduate) visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa; and

(b) has not previously held a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream or the Post-Vocational Education Work stream on the basis of satisfying the primary criteria for the grant of that visa; and

(c) has not previously held a Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream or the Post-Higher Education Work stream on the basis of satisfying the primary criteria for the grant of that visa, unless the applicant:

(i) has nominated the Post-Higher Education Work stream in the application; and

(ii) meets the requirements of clause 485.232, 485.233, 485.234 or 485.235; and

(d) has not previously held the following:

(i) 3 Subclass 485 (Temporary Graduate) visas in the Post-Study Work stream;

(ii) 2 Subclass 485 (Temporary Graduate) visas in the Post-Higher Education Work stream.

485.212

(1) The application was accompanied by evidence that:

(a) the applicant:

(i) has undertaken a language test specified by the Minister in a legislative instrument made for this paragraph; and

(ii) has achieved, within the period specified by the Minister in the instrument, the score specified by the Minister in the instrument in accordance with the requirements (if any) specified by the Minister in the instrument; or

(b) the applicant holds a passport of a type specified by the Minister in a legislative instrument made for this paragraph.

(2) Subclause (1) does not apply to an applicant:

(b) who meets the requirements of clause 485.232, 485.233, 485.234 or 485.235; or

(c) who nominated the Replacement stream in the application.

485.213

(1) When the application was made, it was accompanied by evidence that:

(a) the applicant; and

(b) each person included in the application who is at least 16;

had applied for an Australian Federal Police check during the 12 months immediately before the day the application is made.

(2) Subclause (1) does not apply to an applicant who meets the requirements of clause 485.232, 485.233, 485.234 or 485.235.

485.215

(1) When the application was made, it was accompanied by evidence that the applicant had adequate arrangements for health insurance.

(2) The applicant has had adequate arrangements for health insurance since the time the application was made.

485.216

(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4010, 4020 and 4021.

(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

(3) Each member of the family unit of the applicant who is an applicant for a Subclass 485 visa satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4010 and 4020.

(4) Each member of the family unit of the applicant who:

(a) is an applicant for a Subclass 485 visa; and

(b) had turned 18 at the time of application;

satisfies public interest criteria 4019.

(5) Each member of the family unit of the applicant who:

(a) is an applicant for a Subclass 485 visa; and

(b) has not turned 18; and

(c) made a combined application with the applicant;

satisfies public interest criteria 4015 and 4016.

485.217

(1) The applicant satisfies special return criteria 5001, 5002 and 5010.

(2) Each member of the family unit of the applicant who:

(a) is an applicant for a Subclass 485 visa; and

(b) has previously been in Australia;

satisfies special return criteria 5001, 5002 and 5010.

485.218

Grant of the visa would not result in either:

(a) the number of Subclass 485 visas granted in a financial year exceeding the maximum number of Subclass 485 visas specified by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year; or

(b) the number of visas of particular classes (including Subclass 485) granted in a financial year exceeding the maximum number of visas of those classes, specified by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year.

485.22—Criteria for Post-Vocational Education Work stream

Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 485 visa in the Post-Vocational Education Work stream.

485.221

The applicant, in the period of 6 months immediately before the day the application was made, completed one or more associate degrees, diplomas or trade qualifications for award by an Australian educational institution as a result of a course or courses:

(a) that are registered courses; and

(b) that were completed in a total of at least 16 calendar months; and

(c) that were completed as a result of a total of at least 2 academic years study; and

(d) for which all instruction was conducted in English; and

(e) that the applicant undertook while in Australia as the holder of a visa authorising the applicant to study.

485.222

Each associate degree, diploma or trade qualification used to satisfy clause 485.221 is closely related to the applicant’s nominated skilled occupation.

485.223

When the application was made, it was accompanied by evidence that the applicant had applied for an assessment of the applicant’s skills for the nominated skilled occupation by a relevant assessing authority for that occupation.

485.224

(1) The skills of the applicant for the applicant’s nominated skilled occupation have been assessed, during the last 3 years, by a relevant assessing authority for the occupation as suitable for that occupation.

(1A) If the assessment is expressed to be valid for a particular period, that period has not ended.

(2) If the applicant’s skills were assessed on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.

485.23—Criteria for Post-Higher Education Work stream

Note: These criteria are only for applicants seeking to satisfy the primary criteria for the grant of a Subclass 485 visa in the Post-Higher Education Work stream.

485.231

(1A) This clause does not apply to an applicant who meets the requirements of clause 485.232, 485.233, 485.234 or 485.235.

(1B) The applicant, in the period of 6 months immediately before the day the application was made, completed one or more degrees for award by Australian educational institutions as a result of a course or courses:

(a) that are registered courses; and

(b) that were completed in a total of at least 16 calendar months; and

(c) that were completed as a result of a total of at least 2 academic years study; and

(d) for which all instruction was conducted in English; and

(e) that the applicant undertook while in Australia as the holder of a visa authorising the applicant to study. Note: For the definition of degree, see clause 485.111.

(1) Each degree mentioned in subclause (1B) is held by the applicant, and is a degree of a kind specified by the Minister in an instrument in writing for this subclause.

(2) Each degree mentioned in subclause (1B) was conferred or awarded by an educational institution specified by the Minister in an instrument in writing for this subclause.

485.232

(1) This clause applies to an applicant for a visa (the second visa):

(a) who held a Subclass 485 (Temporary Graduate) visa (the first visa) in the Post-Study Work stream or the Post-Higher Education Work stream when the application for the second visa was made; and

(b) who was granted the first 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; and

(c) who declared in the application for the second visa that the applicant, and any member (the family member) of the applicant’s family unit who made a combined application with the applicant, intend:

(i) to live only in a regional centre or other regional area; and

(ii) if the applicant or the family member also intends to work or study— to work or study only in a regional centre or other regional area.

(2) The applicant must have:

(a) lived only in a regional centre or other regional area while undertaking the study mentioned in paragraph (1)(b); and

(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 visa; and

(c) if the applicant also worked or studied—worked or studied only in a regional centre or other regional area for a period of at least 2 years immediately before applying for the second visa.

(3) At the time of the decision on the application for the second visa:

(a) the applicant lives only in a regional centre or other regional area; and

(b) if the applicant also works or studies at that time—the applicant works or studies only in a regional centre or other regional area.

485.233

(1) This clause applies to an applicant for a visa (the second visa):

(a) who held a Subclass 485 (Temporary Graduate) visa (the first visa) in the Post-Study Work stream or the Post-Higher Education Work stream when the application for the second visa was made; and

(b) who was granted the first visa on the basis of study undertaken in a designated regional area at an educational institution located in the designated regional area; and

(c) to whom clause 485.232 does not apply.

(2) The applicant must have:

(a) lived only in a designated regional area while undertaking the study mentioned in paragraph (1)(b); and

(b) lived only in a designated regional area for a period of at least 2 years immediately before applying for the second visa; and

(c) if the applicant also worked or studied—worked or studied only in a designated regional area for a period of at least 2 years immediately before applying for the second visa.

(3) At the time of the decision on the application for the second visa:

(a) the applicant lives only in a designated regional area; and

(b) if the applicant also works or studies at that time—the applicant works or studies only in a designated regional area.

(4) The applicant declared in the application for the second visa that the applicant, and any member (the family member) of the applicant’s family unit who made a combined application with the applicant, intend:

(a) to live only in a designated regional area; and

(b) if the applicant or the family member also works or studies (or proposes to work or study)—to work or study only in a designated regional area.

485.234

(1) This clause applies to an applicant for a visa (the subsequent visa):

(a) who previously held a Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream that was granted 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; and

(b) who held, at the time the application for the subsequent visa was made:

(i) a Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream granted on the basis of an application to which subparagraph 1229(2)(a)(ia) of Schedule 1 applied; or

(ii) a Subclass 485 (Temporary Graduate) visa in the Replacement stream; and

(c) who declared in the application for the subsequent visa that the applicant, and any member (the family member) of the applicant’s family unit who made a combined application with the applicant, intend:

(i) to live only in a regional centre or other regional area; and

(ii) if the applicant or the family member also intends to work or study— to work or study only in a regional centre or other regional area.

(2) The applicant must have:

(a) lived only in a regional centre or other regional area while undertaking the study mentioned in paragraph (1)(a); and

(b) lived only in a regional centre or other regional area for a period of at least 2 years immediately before applying for the subsequent visa; and

(c) if the applicant also worked or studied—worked or studied only in a regional centre or other regional area for a period of at least 2 years immediately before applying for the subsequent visa.

(3) At the time of the decision on the application for the subsequent visa:

(a) the applicant lives only in a regional centre or other regional area; and

(b) if the applicant also works or studies at that time—the applicant works or studies only in a regional centre or other regional area.

485.235

(1) This clause applies to an applicant for a visa (the subsequent visa):

(a) who previously held a Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream that was granted on the basis of study undertaken in a designated regional area at an educational institution located in the designated regional area; and

(b) who held, at the time the application for the subsequent visa was made:

(i) a Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream granted on the basis of an application to which subparagraph 1229(2)(a)(ia) of Schedule 1 applied; or

(ii) a Subclass 485 (Temporary Graduate) visa in the Replacement stream; and

(c) to whom clause 485.234 does not apply.

(2) The applicant must have:

(a) lived only in a designated regional area while undertaking the study mentioned in paragraph (1)(a); and

(b) lived only in a designated regional area for a period of at least 2 years immediately before applying for the subsequent visa; and

(c) if the applicant also worked or studied—worked or studied only in a designated regional area for a period of at least 2 years immediately before applying for the subsequent visa.

(3) At the time of the decision on the application for the subsequent visa:

(a) the applicant lives only in a designated regional area; and

(b) if the applicant also works or studies at that time—the applicant works or studies only in a designated regional area.

(4) The applicant declared in the application for the subsequent visa that the applicant, and any member (the family member) of the applicant’s family unit who made a combined application with the applicant, intend:

(a) to live only in a designated regional area; and

(b) if the applicant or the family member also works or studies (or proposes to work or study)—to work or study only in a designated regional area.

485.3—Secondary criteria

Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.

485.31—Criteria

485.311

The applicant:

(a) is a member of the family unit of a person who holds a Subclass 485 visa granted on the basis of satisfying the primary criteria for the grant of the visa, and made a combined application with that person; or

(b) is a member of the family unit of a person who holds a Skilled (Provisional) (Class VC) visa on the basis of satisfying the primary criteria for the grant of a Subclass 485 visa.

485.312

(1) When the application was made, it was accompanied by evidence that the applicant had adequate arrangements for health insurance.

(2) The applicant has had adequate arrangements for health insurance since the time the application was made.

485.313

(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4010, 4020 and 4021.

(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.

485.314

If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

485.4—Circumstances applicable to grant

485.411

The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.

485.5—When visa is in effect

485.513

Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

485.6—Conditions

485.611

Condition 8501 must be imposed.

485.612

If the applicant is outside Australia when the visa is granted:

(a) first entry must be made before a date specified by the Minister for the purpose; and

(b) condition 8515 may be imposed.

485.613

(1) If the applicant is granted a subsequent Subclass 485 (Temporary Graduate) visa in the Post-Higher Education Work stream on the basis of meeting the requirements in clause 485.232, 485.233, 485.234 or 485.235, condition 8610 must be imposed.

(2) If the applicant is granted a Subclass 485 (Temporary Graduate) visa on the basis of satisfying the secondary criteria in relation to a primary applicant mentioned in subclause (1), condition 8610 must be imposed.