Applicants Can Now Apply for a Second Regional 485 Visa Post Study Stream
By operation of Instrument F2020L01639, the Migration Regulations provides for COVID concessions allowing 485 Temporary Graduate Visas applicants to apply offshore and will allow regional 485 Post Study stream holders to be granted a second visa if certain conditions are complied with.
The instrument provides for new definitions for the following terms in Regulation 1.03:
Designated regional area - means a part of Australia specified in an instrument under new Reg 1.15M. This is an inclusive term that provides for the total area covered by the definitions of the designated city or major regional centre and designated regional area and may also be used to describe either area.
Designated city or major regional centre means Perth, Adelaide, the Gold Coast, the Sunshine Coast, Newcastle/Lake Macquarie, Wollongong/Illawarra, Canberra, Geelong and Hobart
Designated regional centre or other regional area means all other areas of regional Australia apart from Sydney, Melbourne, Brisbane, and Perth, Adelaide, the Gold Coast, the Sunshine Coast, Newcastle/Lake Macquarie, Wollongong/Illawarra, Canberra, Geelong and Hobart.
Postcodes - the postcodes in Migration (LIN 19/217: Regional Areas) Instrument 2019
Schedule 13 - 9302 - Applications for a second Subclass 485 visa in the Post-Study Work stream can be made from 20 January 2021.
Schedule 13 - 9303 – provides for the areas specified as a regional centre or other regional area on 20 January 2021, which are also taken to be a regional centre or other regional area when assessing where an applicant was living, working or studying before 20 January 2021.
Schedule 13 - 9304 - confirms that an area that was a designated regional area under the old definition continues to be a designated regional area under the new definition when assessing where the applicant lived, studied, and worked before 20 January 2021. For an assessment of where an applicant lived, studied, or worked after 20 January 2021, new definition and legislative instrument under the new version of regulation 1.15M apply.
Visa Application Charge for the Second Post Study Work 485 Visa
The VACs for the second Post Study Work 485 visas are lower than 40% of the fee for the first Post Study Work visa. This is to attract graduates to live, work, and study in regional Australia. According to Reg 1229(2)(a) of Schedule 1, the base charge for the second 485 visa is $650, along with $325 for additional applicants over 18 and $165 for additional applicants under 18.
Schedule 1 and 2 Requirements for the Second Post Study Work 485 Visa
Applicants must be a first Post Study Work 485 visa holders at the time of application. As such, a second 485 visa application must be made before the expiry date of the first 485 graduate visa per Reg 1229(3)(1); 1229(4)(a)(v) of Schedule 1 and new Reg 485.211(b), (c) and (d) of Schedule 2.
Applicants must have graduated from a regional educational institution.
Applicants must have lived, worked, and studied for two years continuously on their first 485 visa in a designated regional area only and immediately before applying for a second visa.
Per Reg 1229(3)(f) of Sch 1, offshore COVID concession does not apply to the second 485 visa application.
Evidence of English language proficiency is not required by virtue of Reg 485.212(2) of Sch 2.
New AFP check is not required pursuant to Reg 485.213(2) of Sch 2.
First 485 visa holders may move within designated regional areas or other regional areas, or within the designated city or major regional areas. However, to be eligible for a second visa, applicants may be prevented from moving between these categories such as from a regional area to a designated city while holding the first 485 visa.
Only two (2) Post Study Work visas can be granted to each applicant.
Two-Year Second Post Study 485 Graduate Visa
First Post Study Work 485 visa holders who have graduated and only lived, worked, and studied in a designated regional centre or other regional areas are eligible for the grant of a second two year 485 visa in accordance with Regs 485.232 and 485.511 of Sch 2. Applicants eligible for a two year second graduate visa is not eligible for a one year second Post Study visa per Reg 485.233(1)(c) of Sch 2.
Noting that applicants must have lived and studied at a campus in a regional centre or other regional area before the grant of their first Post Study 485 visa and continue to do so while holding the first visa. Remote work for an employer located elsewhere and distance education provided by and educational institution located elsewhere could be included.
One-Year Second Post Study 485 Visa
First Post Study Subclass 485 visa holders who have graduated and only lived, worked, and studied in a designated city or major regional area will be eligible for a second 485 visa of up to one year in accordance with Regs 485.233 and 485.512 of Sch 2.
Visa Validity, Second Visa Commencement and Conditions
The second 485 visa comes into effect when the first 485 visa expires. Per, Regs 485.232(b) and 485.233(b), the grant of the second visa does not operate to cease the first visa.
New Condition 8601 is inserted into Sch 8 which requires the primary and secondary second 485 visa holders to live, work, and study only in the relevant designated regional areas for which their visas were granted. Their visa is subject to cancellation under s 116(1)(b) of the Migration Act if the visa holder breaches the condition.
COVID Concessions – offshore application
Instrument F2020L01639 clarifies the concessions under the Migration Amendment (COVID-19 Concessions) Regulations 2020.
Sch 1 Reg 1229(3)(g) permits applications for Subclass 485 visas to be made outside Australia during the concession period. The concession period under Reg 1.15N commenced on 1 February 2020 until a day specified by the Minister (no date is specified).
Sch 1 Reg 1229(4) the requirement that applicants hold an eligible student visa in the six month period prior to applying for the Temporary Graduate visa is removed when applying within the concession period, if the Minister is satisfied that the applicant was unable to apply because the applicant was outside Australia during all or part of the period commencing on 1 February 2020 and ending on 19 September 2020 – in the period of 12 months immediately before the day the application was made.
Sch 2 of inserted by Migration Amendment Regulations 2020 applies in relation to visa applications made on or after 19 December 2020.
How Can Agape Henry Crux Help You
If you want to find out more about your eligibility or need advice on your Australian migration matter, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02-7200 2700 or email us to book in a time at info@ahclawyers.com.
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