Post-study work rights in Australia

International students who have completed their studies in Australia often have longer term plans. To remain in Australia after your studies, either short-term or longer term, the Graduate Visa (Subclass 485) is a fantastic option.

The 485 visa is for students who have completed a minimum of 2 years study in Australia. This visa type provides you with full work rights for up to 4 years (depending on the type of study undertaken either 18 months, 2, 3 or 4 years), and provides you the necessary time to improve your point score if you are interested in permanent residency.

Whilst the common perception is that 485 visas are easy to get approved, they are actually one of the most regularly refused visa types with many highly qualified individuals making a small mistake which has ultimately meant that their visa was refused; consequently they lose the opportunity to remain in Australia long term.

Some of the things to be careful about include the following:

• Applying for the incorrect visa stream.
  • This visa has 2 streams – the Graduate Work and Post-Study Work Stream.
  • The Graduate Work Stream is for students who have undertaken a diploma level program whose occupation is on the relevant occupation list. This visa stream is granted for 18 months.
  • The more common scheme is the Post-Study Work stream which is available to students who have completed a bachelor, master or PHD degree.
• Not meeting the “Time Of” Application Criteria
• Not attaching the required supporting evidence. There are a number of requirements that need to be meet at the time you submit the 485 visa application including the provision of specific supporting evidence. If you do not provide these documents when the visa is lodged the application will be refused. Whilst this decision may be challenged at the Administrative Appeals Tribunal (AAT), it is unlikely to be successful and you may need to leave Australia.
• Issues with period of time spent outside Australia.
  • Students who have spent outside Australia may be at risk of not meeting the 16 month study requirement and the application can result in immediate refusal.

You must meet the following criteria for both the Post-Study Work and Graduate Work streams. It is important to ensure that at the time of lodgement:

• under 50 years of age
• meet the English language requirement
• meet the 2 year study requirement
• no more than 6 months have passed between course completion and 485 lodgement
• a substantive visa is held.

The 485 visa is a wonderful opportunity to stay longer in Australia with full work and study rights, and improve your points score for immigration however making a simple mistake in the application could result in a rejection. To give yourself the best chance of success we would always recommending seek expert advice and guidance from a reputable Registered Migration Agent or practicing solicitor that specialises in Immigration law.

If you would like further assistance, please feel free to contact us at sydney@inteducation.com or +90 546 946 3811 |  +61 477 524 039.