Finally, Department of Home Affairs released criteria for Temporary graduate visa Subclass 485 (Replacement stream)

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To make clear the new 485 Visa Replacement Stream requirements, the Department of Home Affairs has introduced the Migration Amendment (Subclass 485 (Temporary Graduate) Visa Replacement Stream and Other Measures) Regulations 2022.

Australia had previously announced that beginning on July 1, current and former holders of Temporary Graduate visas who were prevented from visiting Australia because of COVID-19 travel restrictions might be able to apply for a new Temporary Graduate visa.

As of July 1, 2022, candidates can apply for Replacement Visas from either onshore or offshore locations, according to the Department of Home Affairs.

MAJOR REQUIREMENTS:

The following requirements must be met by an applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa in the Replacement stream:

  1. (a)  the applicant must make the application before 1 January 2027;
  2. (b)  the applicant must hold or have held a Subclass 485 (Temporary Graduate) visa (the first visa) that:
  3. (i)  was granted on the basis of satisfying the primary criteria for the first visa; and
  4. (ii)  was granted before 15 December 2021; and
  5. (iii)  was in effect on or after 1 February 2020;
  6. (c)  if the applicant was outside Australia when the first visa was granted:
  7. (i)  the applicant must have entered Australia on a day on which the first visa was in effect and that occurred before 15 December 2021; and
  8. (ii)  the applicant must have later departed Australia on a day on which the first visa was in effect and that occurred before 15 December 2021;
  9. (d)  if the applicant was in Australia when the first visa was granted—the applicant must have been outside Australia on a day on which the first visa was in effect and that occurred between 1 February 2020 and 14 December 2021;
  10. (e)  if any of the following visas held by the applicant have been cancelled:
  11. (i)  a Subclass 485 (Temporary Graduate) visa;
  12. (ii)  a visa granted after the applicant held a Subclass 485 (Temporary Graduate) visa;
  13. then, either of the following must apply to each cancelled visa:
  14. (iii)  the cancelled visa must have been cancelled on the ground specified in paragraph 2.43(1)(g);
  15. (iv)  the decision to cancel the cancelled visa must have been set aside by the Tribunal.

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If you any query related to your visas or education, Contact Vision Consultants Australia.

To read the full Legislation visit: https://www.legislation.gov.au/Details/F2022L00845/Html/Text

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