New rules for the 485 visa- 2024

SC 485 visa applications that will be lodged after 23rd of March 2024 will require increased English language proficiency. Previously the minimum IELTS or any equivalent English test score for fulfilling the English language proficiency for SC485 visa was 6.0 overall. According to the new rules, SC 485 visa applicants will require an IELTS or equivalent score of at least 6.5 overall with a minimum of 5.5 in each band.

The validity window for English language proficiency tests has also been reduced. Previously for the SC 485 visa the English language proficiency tests were valid for 3 years. But according to the new rules the tests will only be valid for 1 year.

Source: Migration Strategy

Previously the Temporary Graduate Visa SC 485 had 4 streams from which you could apply. They were:

1. Graduate Work stream

2. Post-Study Work stream

3. Second Post-Study Work stream

4. Replacement stream

According to the new rules from July 1st 2024, Temporary Graduate Visa SC 485 has 3 streams from which you can apply. They are:

1. Post-Vocational Education Work stream

2. Post-Higher Education Work stream

3. Second Post-Higher Education Work stream

The previously Graduate Work stream has been renamed as the Post-Vocational Education Work stream. The Post-Study work stream has been renamed as the Post-Higher Education Work. While the Second Post-Study Work stream has been renamed as the Second Post-Higher Education Work. The Replacement stream which previously existed will cease to exist from 1st of July 2024.

According to the new rules the visa stay duration are as follows:

1. Post-Vocational Education Work stream - stay up to 18 months (no change from the previous settings)

2. Post-Higher Education Work stream-  as in table above

The ‘select degree’ 2 year extension will cease from 1st of July 2024.

Hong Kong and British National Overseas passport holders may be able to stay for up to 5 years.

Stay periods for Indian nationals, as agreed in the Australia India – Economic Cooperation and Trade Agreement (AI-ECTA), remain as:

• Bachelor degree (including honours) –stay up to 2 years

• Bachelor degree (with first class honours in STEM, including ICT) – stay up to 3 years

• Masters (coursework, extended and research) – stay up to 3 years

• Doctoral degrees (PhD) – stay up to 4 years.

3. Second Post-Higher Education Work stream - stay up to 1-4 years  (no change from the previous settings)

Previously, for the Temporary Graduate visa, the maximum eligible age  was 50 years. But now the Temporary Graduate Visa will now only be available to those who are 35 years of age or younger and who can make a sustained economic contribution to Australia.

Previously SC 485 visa holders could apply for student visas while onshore. However according to the new rules, from the 1st of July 2024 the government will impose restrictions on Temporary Graduate visa holders from transferring back to student visas while onshore. This decision was influenced by findings that a significant number of Temporary Graduate visa holders were returning to study after their visas expired, primarily to extend their stay in Australia.

Most of these migrant pursued vocational education and training (VET) courses, even if they already held Bachelor's or Master's degrees, suggesting that the primary intent was to prolong their Australian residency. The aim of this is to reduced the number of migrants who are “permanently temporary”.

Migration Strategy which contained the proposed upcoming changes for the year 2024 was released by the Australian government on the 11th of December 2023. Since the release of the Migration Strategy the government has gradually rolled out various proposals that has come into effect. There has been updates in February, April and May. Most of these updates came into effect on the 1st of July while others came into effect in March.

Changes that were implemented from the 23rd of March 2024

• Increased English language requirement

Changes that were implemented from the 1st of July 2024

• Shortening the longer post study work rights

• Reduction of eligible age

• Renaming the existing streams and ceasing the Replacement stream

• Restrict SC 485 visa holders going back to student visas.

Students who migrate to Australia spending millions and leaving their family and friends often dream of settling in Australia on a permanent basis, after the completion of their studies. One of the main visas that they utilize to get on a PR pathway is the SC 485 visa, predominantly to use the time duration that this visa grants to gain the necessary skills and experience to get on a PR pathway. But with the recent changes many people will be barred from being eligible to apply for the SC 485 visa. Its time that you explored other visa options that would lead you to PR. There are several pathways through which a student visa holder can become an Australian Permanent Resident.

What are the pathways to Australian PR?

The three main pathways for a student to gain PR status in Australia are

• Skilled migration pathway

• Employer sponsored pathway

• Partner visa pathway

The recent changes to the SC 485 visa highlights the eligibility requirements for the SC 485 visas would limit the avenues of international students seeking to get PR in Australia. So its important to explore alternative options and utilize them effectively. Most importantly its important that you map out your PR pathway while you are on your student visa.