27/5/2024

Important 485 Visa changes… what you need to know now!

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Important 485 Visa Changes

As this Labor Government strive to reform the migration program and visas to better suit Australia’s needs; much focus has been on those visas surrounding skills and employers. Making sure people are skilled through better skills assessments; ensuring students are studying in areas and with education providers that will provide quality graduates; and that those graduates have the opportunity to put those learnt skills into paying practice, fulfilling the skills shortage Australia suffered due to the COVID pandemic.

So what changes have been made to the Post-Study Graduate Work 485 Visa and when do they come into action?

These changes will come into effect on 01 JULY 2024. In my humble opinion, this is not ideal as many students may not have received their formal examination results in order to confirm their completion of study, but as usual, we need to roll with the punches and get everything in order regardless.

Streams to select form have been re-named to better align with their eligibility:
1. the Graduate Work stream becomes Post-Vocational Education Work Stream
2. the Post-Study Work Stream becomes Post-Higher Education Work Stream
3. Second Post-Study becomes Second Post-Higher Education Work Stream
Hopefully you aren’t an older student as the age threshold is dropping significantly… from 50 years to 35 years. There has been discussion with the Department about the possibility of some Masters students being caught out by this…. If this is you – stay tuned as there may be some concession available. WOW - already as I've posted this there has been an update (2:50pm 27/05/2024) .... Masters (research) and doctoral degree (PhD) graduates will still be eligible if they are under 50 years of age.
This is not applicable to Hong Kong (HK) or British National Overseas (BNO) passport holders who are eligible until the age of 50yrs regardless of the study undertaken.
Post-Vocational Education Work Stream: this is open to those with an associate degree, diploma, or trade qualification closely related to an occupation on the Medium and Long-term Strategic Skills List (MLTSSL). Those with higher studies that result in a degree are not eligible in this stream and must apply through the Post-Higher Education Work Stream. The maximum stay period is 18 months and there is no extension. Again HK and BNO passport holders are the exception and will be given a grant period of 5 years.
Post-Higher Education Work Stream: the visa grant length will be determined on the duration of the studies completed. Bachelor degree including honors year will be granted up to 2 years; Masters by course work will be granted up to 2 years and Masters by research will be up to 3 years. Stay periods for Indian nationals under the AI-ECTA remain unchanged of up to 4 years for PhD and HK or BNO passport holders up to 5 years.

Other important things to remember

This is key … the 485 visa does not offer a “grace” period if you happen to overstay your visa, as is applicable to the Student visa. If you overstay your visa, you will not meet criteria to apply for the 485 visa directly. You will need to find another pathway.

have a valid Student visa at the time of application;
you held a Student visa within the past 6 months before your application and you now have a Bridging Visa A or Bridging Visa B, granted on the basis of a valid application for a visa. Overstaying your student visa and applying for another student visa will not fix this problem as you will be granted a Bridging Visa C;
you held a Student visa within the past 6 months before your application and you now hold a substantive visa;
this is a one time visa. If you have been granted a 485 previously (perhaps for other studies), you can only apply for a second if eligible.

You will need your formal completion letter and academic transcript to demonstrate that you have a course that relates to an occupation on the list and also that you meet the minimum study period required. You do not need to have received your certificate nor attended your graduation.

Have your English test completed. Do not wait until your studies are coming to an end and your visa is due for expiry. Tests can book out closer to those months where studies and visas are ending, and you may not get a spot and results in time. Tests must be taken no more than 1 year prior to application so I recommend you sit the test at least 4-6 months prior to when you think you will be making your 485 application.

You must have, at the very least, applied for your provisional 485 skills assessment to include this with your application. Understanding that if your skills assessment is not successful you may be best to withdraw your application as it could lead to a refusal.

Getting prepared for the 485 Visa application should be as high on your list as it is to pass your studies… wishing you the best of luck! Contact Great Australian Migration for all your study and post study visa enquiries!

20/5/2024

Partner Visa – which option is best?

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Partner Visa - which option is the best?

There are a number of Partner Visas to choose from and selecting the right one can be tricky. Things you need to consider….

Are you married or in a de facto relationship? How long have you been in the relationship?
Where do I want to be whilst I’m waiting for the visa to be granted? In Australia or overseas?
If I apply in Australia – do I have a visa now that allows me to? Have I overstayed my visa so applying from an unlawful status? Should I go back home and lodge it from there instead?
If I apply from overseas – can I still travel to Australia in the meantime?

Having a registered migration agent to review your relationship is vital to ensure the best application is put forward to the Department. Remember this visa doesn’t come cheap, so getting it right the first time is very important!

What will the Department be looking for in my application?

“I’m married… Isn’t that enough? “I’m in a committed relationship, we love each other… ” What more do I need?”

The case officer is reviewing your relationship in the manner that will satisfy the relationship is legit. To do this they are guided by these principles:

- are you mutually committed to a shared life together to the exclusion of all others?
- is the relationship genuine and continuing?
- do you live together, or if you are apart – why and for how long has this happened?

So how do you prove this? With documents and statements specific to these 4 key factors:

Factor 1 - Financial

You will need documents to show you share financial responsibilities. This could be:

joint rental or ownership of property
joint household bills for where you live together
joint bank accounts; or if you have separate accounts – show how money has been transferred regularly between you
other major purchases made together such as a car loan

Factor 2 - Nature of Your Household

You will need documents to show how you share your living arrangements. This could be:

a written statement from each of you describing your daily lives (who takes care of what in the house?)
joint household bills for where you live together
mail that show you share the same address
if you have children in your relationship, school enrolment showing both of you as their parents or next of kin

Factor 3 - Social Aspects

You will need documents to show how you are known to others. This could be:

joint invitations to social events such as weddings, birthdays, christenings, new years party
formal government acknowledgement of your relationship – marriage certificate or relationship registration
joint sporting or social activity memberships
travel itineraries where you have been together - not just to visit each other in your own countries but to a separate destination.
social media status and pictures

Factor 4 - Your commitment to each other

You will need documents to show how committed you are to each other. This could be:

purchase of a house together
statement demonstrating knowledge of each other’s family and background, how your relationship came to be and your plans together moving forward
communication that has been maintained if you have been apart
any other documents that support your relationship

What costs do I need to consider?

Visa application fees – starting from $8850AUD for the main applicant, and additional for children.
Medical examination – must be completed by a Department approved clinic.
Police check – these are required for any country where you have stayed a significant amount of time, not just your home country.
Translation of documents – any document not in English will need to be formally translated.
Once the visa is granted, if you are not already in Australia, you will need to travel to Australia by a certain date to activate the visa.
Registered Migration Agent service fees. An agent can set any fee they wish and will generally be subject to how complicated your case is. On average expect a reputable agent to charge from $3000AUD.

What can an agent do for me?

Great question!!!
A good agent will:

Speak with you and your partner about your relationship – the history of your relationship and where you see it over the next 2-3 years whilst the visa is processing.
Advise on the best location of where you should be to lodge – in or outside of Australia.
Provide you with a checklist of items needed to prove your relationship to the Department.
Complete the application – this process is lengthy with many pages to be filled and documents to be uploaded into the online system.

A great agent will:

Double and triple check you have everything needed to lodge the best application possible.
Make you feel comfortable and in control; letting you make informed decisions.
Remain in contact with you and the Department over an extended period of time… in the case of a Partner Visa this could be as long as 2-3 years!

Ready to take the next step? Contact us today
We are ready to work with you towards a GREAT AUSTRALIAN MIGRATION!

FROM THE DESK OF EMILY SURINA
~ REGISTERED migration AGENT ~