Migration Amendment (Subclass 485 (Temporary Graduate) Visa Replacement Stream and Other Measures) Regulations 2022 dated 23 June 2022 amends the Migration Regulations 1994 to create a new stream within the Subclass 485 (Temporary Graduate) visa to allow holders of those visas impacted by the COVID restrictions to obtain another Subclass 485 and make consequential amendments to ensure those holders of the replacement visa can continue to qualify for a further Subclass 485 visa based on regional residence eligibility.
- Replacement Stream Subclass 485 Visa
This stream will allow holders and former holders of Temporary Graduate (Subclass 485) visas who were unable to stay in Australia for the full period of their previous visa as a result of COVID-19 international travel restrictions to apply for a ‘replacement’ Subclass 485 visa of the same duration as their original visa.
The current and former Subclass 485 visa holders may apply in the Replacement stream if they were:
- outside Australia when the original Subclass 485 visa was granted, entered Australia on the original visa before 15 December 2021, and then departed Australia after this entry but before 15 December 2021 while holding the original visa or
- in Australia when the original Subclass 485 visa was granted and was outside of Australia at any time between 1 February 2020 and 14 December 2021 while holding the original visa.
The Replacement stream is also available for the secondary visa holders(members of the family unit of the primary visa holder), if the primary visa holder is eligible.
A cut-off date of 1 January 2027 will be imposed on applications for the Replacement stream.
The Replacement stream will not be open to applications by persons who have had a Subclass 485 visa, or a visa granted after the applicant held a Subclass 485 visa, cancelled, except those who requested in writing that the Minister cancel their visa, or whose visa cancellation decision was set aside by the Tribunal. Also, persons who were already on their second Subclass 485 visa in the Post-Study Work stream during the period of international travel restrictions are not eligible for the Replacement stream.
- Second Post-Study Work Stream Subclass 485 Visa
The Instrument also qualifies the Subclass 485 Post Study to stream visa holders who were required to live in regional areas for the grant of a second subclass 485 and were impacted by COVID-19 restrictions, for a further Subclass 485 visa if they have studied on a student visa and lived on their Replacement stream SC 485 visa in a regional area.
The Instrument was registered on the Federal Register of Legislation on 27 June 2022 and commenced on 1 July 2022.
To access the Instrument, click here.
