| Applying for the Subclass 485 Skilled Graduate | | | | specialist immigration law firm at least on whether they |
| Temporary Visa – Timing is the key | | | | satisfy the criteria for the grant of the visa and also if |
| Introduction - The subclass 458 skilled graduate | | | | they even need to make the temporary application |
| temporary visa is a visa that allows international | | | | first or can and should apply directly for permanent |
| students 18 months in Australia to get 10 points for | | | | residence. |
| 12-months Australian work experience points to go | | | | IELTS should be undertaken before studies are |
| towards satisfying the applicable general skilled | | | | completed and a skills assessment should be lodged |
| migration points score and gaining permanent | | | | as soon as possible after being notified of the results. |
| residence. | | | | This means that results on both the IELTS and skills |
| The following points highlight 3 of the key issues that | | | | assessment should be received well before the |
| may cost an applicant the opportunity to be granted | | | | application has to be lodged and you and your |
| this visa. However, good organization and up-to-date | | | | advisers can respond accordingly: for example, re-sit |
| immigration advice is the key to a successful subclass | | | | the IELTS if you fail or appeal or amend your skills |
| 485 skilled graduate temporary visa application. | | | | assessment or your visa application if necessary. |
| The 6-month Time Limit to Apply - Many myths and | | | | This is not a simple visa and we do not recommend |
| falsehoods circulate about this rule. The 6 months | | | | students applying on their own without immigration |
| begins when you have met the requirements for the | | | | advice and assistance, particularly due to the fact that |
| award of the certificate, diploma or degree you have | | | | if your subclass 485 skilled graduate temporary visa |
| been studying for. This means the date you are | | | | application is refused, it may be you have lost the |
| notified of your results (e.g. handed results in person, by | | | | benefit of your years of study in Australia and your |
| post, on a bulletin board or by your results are made | | | | chance at gaining Australian permanent residence. |
| available on the internet - examples only). | | | | A well prepared and accurate application is the key. |
| It is not 6-months from the ceremony or date you | | | | The subclass 458 Graduate temporary visa is a visa |
| were ‘conferred’ or awarded your certificate, | | | | that allows international students 18 months in Australia |
| diploma or degree nor is it 6 months from when your | | | | to get 10 points for 12-months Australian work |
| last course finishes. It is 6-months from notification of | | | | experience points to go towards satisfying the |
| your results. This is because at once notified of your | | | | applicable general skilled migration points score and |
| results, the skills assessment process can begin. You | | | | gaining permanent residence. |
| must lodge your subclass 485 skilled graduate | | | | The following points highlight 3 of the key issues that |
| temporary visa application no later than the day after | | | | may cost an applicant the opportunity to be granted |
| the end of the 6 months period, which commenced on | | | | this visa. However, good organization and up-to-date |
| the day your results were made available to you. | | | | immigration advice is the key to a successful subclass |
| Again, it is essential to calculate this date accurately | | | | 485 application. |
| because if an application is not lodged with in the time | | | | The 6-month Time Limit to Apply - Many myths and |
| frame, you will fail to satisfy a primary criterion for the | | | | falsehoods circulate about this rule. The 6 months |
| grant of the visa and be refused. | | | | begins when you have met the requirements for the |
| English - From 1 January 2010, to be eligible and apply | | | | award of the certificate, diploma or degree you have |
| successfully for the subclass 485 skilled graduate | | | | been studying for. This means the date you are |
| temporary visa application, an IELTS test result (or | | | | notified of your results (e.g. handed results in person, by |
| equivalent) showing at least 6 across all 4 bands | | | | post, on a bulletin board or by your results are made |
| (speaking, reading, writing and listening) must be | | | | available on the internet - examples only). |
| provided with the application at the date of its | | | | It is not 6-months from the ceremony or date you |
| lodgement. | | | | were ‘conferred’ or awarded your certificate, |
| The supply of a receipt for the booking of an IELTS | | | | diploma or degree nor is it 6 months from when your |
| test is no longer acceptable. If an IELTS result showing | | | | last course finishes. It is 6-months from notification of |
| at least 6 in all 4 components is not provided with the | | | | your results. This is because at once notified of your |
| application, you will fail to meet the English criteria and | | | | results, the skills assessment process can begin. |
| be refused the visa. Please note that an average | | | | Again, it is essential to calculate this date accurately |
| score of 6+ in the IELTS test also is not sufficient and | | | | because if an application is not lodged with in the time |
| will not lead to the successful grant of the subclass | | | | frame, you will fail to satisfy a primary criterion for the |
| 485 temporary graduate visa. | | | | grant of the visa and be refused. |
| The issue is, of course, everybody that has tried to | | | | English - From 27 October 2008 an IELTS test result |
| book an IETLS place recently realises the waiting list | | | | (or equivalent) showing the necessary score for your |
| can be up to 3 months long to sit the exam. | | | | occupation must be provided with the application |
| Remember you only have 6-months from completion | | | | (either 6 or 5 across all 4 bands depending on your |
| of your course (i.e. notification of results). | | | | nominated occupation). The supply of a receipt for the |
| Let’s say you have left it 4 months since notified of | | | | booking of an IELTS test is no longer acceptable. If an |
| your results before you booked your IELTS place, you | | | | IELTS result is not provided with the application, you will |
| probably won’t sit the exam and get the results for | | | | fail to meet the English criteria and be refused the visa. |
| another 3-4 months. In this case, 7-8 months have | | | | The issue is, of course, everybody that has tried to |
| passed, this will mean you are outside the 6-months | | | | book an IETLS place recently realises the waiting list |
| time limit and you have lost your opportunity to work in | | | | can be up to 3 months long to sit the exam. |
| Australia to gain the additional points to achieve | | | | Remember you only have 6-months from completion |
| permanent residence. | | | | of your course (i.e. notification of results). |
| You must apply for the subclass 485 skilled graduate | | | | Let’s say you have left it 4 months since notified of |
| temporary visa before applying for the subclass 885 | | | | your results before you booked your IELTS place, you |
| permanent residence visa | | | | probably won’t sit the exam and get the results for |
| The majority of international students in Australia now | | | | another 3-4 months. In this case, 7-8 months have |
| must apply for the subclass 485 temporary graduate | | | | passed, this will mean you are outside the 6-months |
| visa first as it is a requirement that you have at least | | | | time limit and you have lost your opportunity to work in |
| 12 months relevant work experience before applying | | | | Australia to gain the additional points to achieve |
| for permanent residence. | | | | permanent residence. |
| There are exceptions to this rule, generally depending | | | | The Skills Assessment – A skills assessment should |
| upon the authority that is assessing your qualifications, | | | | be undertaken as soon as is possible after notification |
| but these exceptions are very limited. | | | | of your results. This is because you cannot guarantee |
| All occupations assessed by VETASSESS and | | | | that you will get a positive assessment in the |
| Trades Recognition Australia (TRA) must have at the | | | | occupation that you nominated and may find that you |
| very least 12 months relevant working experience to | | | | are in fact assessed positively in another occupational |
| be assessed positively. | | | | category: For example Engineers Australia do not |
| The Skills Assessment – A skills assessment should | | | | consider you an Engineer but they do decide you are |
| be undertaken as soon as is possible after notification | | | | an Engineering technologist. |
| of your results. This is because you cannot guarantee | | | | The issue is that if you have already lodged your |
| that you will get a positive assessment in the | | | | application, the Government has recently indicated that |
| occupation that you nominated and may find that you | | | | they will not continue the policy of allowing |
| are in fact assessed positively in another occupational | | | | applicant’s to amend the application by changing |
| category: For example Engineers Australia do not | | | | the nominated occupation. |
| consider you an Engineer but they do decide you are | | | | This strategic and timing error could lead to your |
| an Engineering technologist. | | | | application being refused. Therefore, preparation and |
| The issue is that if you have already lodged your | | | | timeliness is all important. |
| application, the Government has recently indicated that | | | | Conclusion – Students should prepare well in |
| they will not continue the policy of allowing | | | | advance of the completion of their studies to lodge |
| applicant’s to amend the application by changing | | | | their application. They should get expert advice from |
| the nominated occupation. | | | | an immigration lawyer or experienced migration agent |
| This strategic and timing error could lead to your | | | | at least on whether they satisfy the criteria for the |
| application being refused. Therefore, preparation and | | | | grant of the visa and also if they even need to make |
| timeliness is all important. | | | | the temporary application first or can and should apply |
| Recent graduates with an Australian Qualifications | | | | directly for permanent residence. |
| Framework (AQF) Bachelor Degree or higher degree | | | | IELTS should be undertaken before studies are |
| level qualifications can apply for a qualifications only | | | | completed and a skills assessment should be lodged |
| assessment from VETASSES. | | | | as soon as possible after being notified of the results. |
| Your nominated occupation must be a managerial, | | | | This means that results on both the IELTS and skills |
| administrative, or professional occupation (from either | | | | assessment should be received well before the |
| Group A or Group B). After receiving this provisional | | | | application has to be lodged and you and your |
| skills assessment, you can then apply for the full skills | | | | advisers can respond accordingly: for example, re-sit |
| assessment after you have gained the sufficient | | | | the IELTS if you fail or appeal or amend your skills |
| relevant employment experience. | | | | assessment or your visa application if necessary. |
| Conclusion – Students should prepare well in | | | | This is not a simple visa and we do not recommend |
| advance of the completion of their studies to lodge | | | | students applying on their own without immigration |
| their application. The 1 January 2010 changes enacted | | | | advice and assistance, particularly due to the fact that |
| by the Department of Immigration & Citizenship | | | | if your subclass 485 visa application is refused, it may |
| are complex and not easy to understand to say the | | | | be you have lost the benefit of your years of study in |
| least. | | | | Australia and your chance at gaining Australian |
| All International students completing their studies in | | | | permanent residence. |
| Australia should get expert advice from an accredited | | | | A well prepared and accurate application is the key. |