Highlights
- Applicants who have previously held a 485 visa as a dependent will no longer be able to apply for this visa as a primary applicant
- Existing 485 visa holders and their families say the change is "shocking and disappointing"
- Migration agents have sought more clarity from the Department of Home Affairs
PLEASE NOTE: THIS CHANGE WAS REVOKED AS AT 1 FEB, 2021.
In a significant change to migration regulations that may impact hundreds of recent graduates and their families, it will no longer be possible for applicants to lodge a 485 visa as a primary applicant, if they have already held a temporary graduate visa as a dependent.
As per the previous criteria, a 485 primary visa holder could not apply for another 485 visa as a primary applicant, but their dependents could.
The recent change, however, prevents all (primary or dependent) from applying again as primary applicants, barring a few exceptions, clarifies Melbourne-based migration agent, Ranbir Singh.
"This change will hugely impact those couples where the dependent applicant has just completed studies and was planning to apply for a 485 visa as the main applicant to buy more time in Australia," he said.
'Shocking and disappointing'
The change has caught many existing visa holders and prospective temporary graduate visa applicants off guard, who planned to use this pathway to extend their stay in Australia after completing their degrees.
Sydney-based Daljeet Singh told SBS Punjabi that he had lodged his wife’s application as a primary applicant in March last year, who was earlier dependent on his 485 visa.
Daljeet Singh Source: Supplied by Daljeet Singh
The 28-year-old who remains stuck in the northern Indian state of Haryana was awaiting a decision on his partner’s visa application when the change was introduced earlier this month. Mr Singh said it came as a “rude shock.”
“We are not sure if applications that are currently under processing will also be impacted by this change. But if by chance, they are affected, it will be a huge loss for people like us," he rued.
“We chose Australia because of the post-study work visa incentive. I have nearly run out of my own 485 visa as the main applicant. I had planned that I'd become dependent on my wife’s 485 and use that time to complete my professional year, but if this affects our case, it may ruin our future."
Adelaide -based migration agent Mark Glazbrook said the change could not have been more “ill-timed.”
He said the government must instead channelise their efforts towards making policies that would encourage future international students to choose Australia as a study destination as the country’s education sector is currently facing stiff competition from Canada and even the COVID-ravaged UK.
“At a time when the government should introduce policies to encourage prospective and current students to stick to Australia, they have brought a change that may further dissuade them from coming here," he said.
“On one hand, they are giving incentives to international students and 485 visa holders, on the other they have introduced a policy that is completely contrary to their previous stand."
'We need more clarification'
Melbourne-based migration agent Navjot Kailay said the change has not been communicated properly.
“There is a huge communication gap from the Department’s end. We are awaiting clarification on the matter, but if this has indeed come into effect (as indicated by wordings in the regs), it is bound to have a significant impact on many existing and prospective visa holders,” he said.
SBS Punjabi has contacted the Department of Home Affairs for more details.
Disclaimer: This content is for general information purposes only, and should not be used as a substitute for consultation with professional advisors.
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