Were you unable to stay in Australia for the full period of your previous Temporary Graduate (subclass 485) visa because of COVID-19 international travel restrictions? Cheer up as a new Replacement stream for the 485 visa commences from 1 July 2022! This change amongst others have been introduced via legislative instrument number F2022L00845.
Sounds exciting! What changes have been made?
The new Replacement stream allows 485 visa holders to obtain another 485 visa of the same duration as their original 485 visa, if they were unable to stay in Australia for the full duration of their original visa between 1 February 2020 and 14 December 2021.
There are two categories of applicants who will be eligible for the Replacement stream:
· If the applicant was outside Australia when their original 485 visa was granted, they must have entered Australia before 15 December 2021 and subsequently departed before 15 December 2021 while their original visa was in effect; or
· If the applicant was in Australia when their original 485 visa was granted, they must have been outside Australia between 1 February 2020 and 14 December 2021 while their original visa was in effect.
Other eligibility criteria include:
· Apply under the Replacement stream from 1 July 2022 and before 1 January 2027;
· Must hold or have held a 485 visa that was granted before 15 December 2021; and
· The original 485 visa was in effect on or after 1 February 2020.
Who is not eligible for the new Replacement stream?
People who will not be eligible include:
· Those who were on their second 485 visa of the Post-Study Work stream during the travel restriction period; or
· Those who had their 485 visa or a visa granted after the 485 visa cancelled, unless they requested in writing that the Minister cancel their visa or the decision to cancel their visa was overturned by the Tribunal.
Is there anything else I should note?
Secondary 485 visa holders will also be eligible for the Replacement stream as a family unit member of the primary 485 visa holder if the primary visa holder is eligible. Further, 485 visa holders of the Post-Study Work stream, who needed to live in regional areas for the grant of their second 485 visa but were disrupted by the travel restrictions, may now fulfil this requirement if they studied on a student visa and lived on their 485 Replacement stream visa in a regional area.
I understand, so how can I fulfill my dream of staying in Australia?
We will be more than happy to assist you! Just get in touch with our friendly team via our website. Once you do that, sit back and relax as we guide you through the entire process of applying for the relevant visas!
I like reading, so what are the details of the legislative instrument?
The new legislative instrument referred to above is the Migration Amendment (Subclass 485 (Temporary Graduate) Visa Replacement Stream and Other Measures) Regulations 2022 (F2022L00845). It amends Migration Regulations 1994 (F2022C00520) to the effect of introducing a new Replacement stream and other minor changes as described above.