Skilled Independent Subclass 189 Visa

The Skilled Independent Subclass 189 visa is a permanent General Skilled Migration visa which does not require sponsorship by a State/Territory Government or relative in Australia.

SkillSelect Only Application

In order to apply for a Skilled Independent Subclass 189 visa, you must first lodge an Expression of Interest through SkillSelect and be invited by the Department of Immigration to apply.

Once you are invited to apply for a skilled visa, you must lodge your application within 60 days, otherwise the invitation lapses. Accordingly, it is very important that you have all required documentation prepared to lodge as soon as possible after receiving the invitation.

Visa Criteria

In order to qualify for a Subclass 189 visa, you would need to:

• Lodge an EOI and be invited to apply
• Meet the pass mark in the skilled migration points test – currently 60
• Be aged between 18 and 44 inclusive
• Pass Skills Assessment in an occupation on the Occupations List for Skilled Independent visas
• Have Competent English or higher
• Meet health and character requirements

This option does not require sponsorship by a relative or State/Territory Government.

Do I Apply in Australia or Overseas?

You can either be in Australia or overseas when you apply for a Subclass 189 Skilled Independent Visa. In order to lodge from within Australia, you would need to hold a substantive visa or a Bridging A, B or C visa. Once you apply from within Australia, you would receive a bridging visa allowing you to remain in Australia during processing of your visa application.

Including Family Members

You can include the following types of family members in your application:

• Spouses, defacto partners, and same-sex partners
• Dependent children
• Other dependent family members – eg parents who live with you and are financially dependent

It is possible to include partners and dependent children after lodgement of the application, but other dependent family members must be included at lodgement.

Duration and Conditions

The visa is a permanent visa, allowing applicants to remain in Australia indefinitely with full work rights.

If you are outside Australia when the visa is granted, you and your family members will need to enter Australia for the first time prior to the expiry of your health and police clearances.

Acacia has significant expertise in handling general skilled visa applications, and can help you with:

• Getting your skills assessed
• Coming up with strategies to maximize your points score
• Lodging visa applications within tight deadlines
• Managing your bridging visas
• Getting results with minimum stress and worry for you

Please book an immigration consultation if you would like assistance with your Skilled Independent visa application.

Skilled Nominated Subclass 190 Visa

The Skilled Nominated Subclass 190 visa is a permanent General Skilled Migration visa which requires nomination by a State or Territory Government.

SkillSelect Only Application

In order to apply for a Skilled Nominated Subclass 190 visa, you must first lodge an Expression of Interest through SkillSelect and be invited by the Department of Immigration to apply.

Once you are invited to apply for a skilled visa, you must lodge your application within 60 days, otherwise the invitation lapses. Accordingly, it is very important that you have all required documentation prepared to lodge as soon as possible after receiving the invitation.

Visa Criteria

In order to qualify for a Subclass 190 visa, you would need to:

• Lodge an EOI and be invited to apply
• Be nominated by a State or Territory Government
• Meet the pass mark in the skilled migration points test – currently 60.
• Be aged between 18 and 44 inclusive
• Pass Skills Assessment in an occupation on the State/Territory Nominated Occupations List
• Have Competent English or higher
• Meet health and character requirements

Nomination by a State or Territory Government

Each State and Territory Government publishes a list of occupations in short supply in their area. There may be specific requirements in terms of work experience, English language ability or specialized skills.

Do I Apply in Australia or Overseas?

You can either be in Australia or overseas when you apply for a Subclass 190 Visa. In order to lodge from within Australia, you would need to hold a substantive visa or a Bridging A, B or C visa. Once you apply from within Australia, you would receive a bridging visa allowing you to remain in Australia during processing of your visa application.

Including Family Members

You can include the following types of family members in your application:

• Spouses, defacto partners, and same-sex partners
• Dependent children
• Other dependent family members – eg parents who live with you and are financially dependent

It is possible to include partners and dependent children after lodgement of the application, but other dependent family members must be included at lodgement.

Duration and Conditions

The visa is a permanent visa, allowing applicants to remain in Australia indefinitely with full work rights. You would generally be expected to reside for 2 years in the State or Territory which nominated you for the visa.

If you are outside Australia when the visa is granted, you and your family members will need to enter Australia for the first time prior to the expiry of your health and police clearances.

Acacia has significant expertise in handling general skilled visa applications, and can help you with:

• Getting your skills assessed
• Obtaining a nomination from a State or Territory Government
• Putting together a relative sponsorship
• Lodging visa applications within tight deadlines
• Managing your bridging visas
• Getting results with minimum stress and worry for you

Please book an immigration consultation if you would like assistance with your Skilled Nominated Subclass 190 visa application.

Skilled Regional 887 Visas

The Skilled Regional visa – 887 is the second stage visa giving permanent residence to holders of Skilled Regional Provisional visas such as:

• Skilled Regional (Provisional) Subclass 489
• Skilled Regional Sponsored Subclasses 475 and 487
• Skilled Designated Area Sponsored Subclass 496
• Skilled Independent Regional Subclass 495

It does not require sponsorship by an Australian relative or nomination by a state or territory government.

Visa Criteria

The main criteria for this visa are as follows:

Residence in a Regional Area

You have been in Australia holding a provisional skilled visa for the last 2 years. During this time, you must have lived in a regional or low population growth area of Australia (if sponsored by a State or Territory Government) or a Designated Area if sponsored by an Australian relative.

Work Experience

You have worked for at least 12 months in Australia – this experience need not be in a skilled occupation, but must be full time (at least 35 hours per week) and must be in a regional area.

Duration and Conditions

Results in the grant of a permanent visa with full work and study rights in Australia. Travel facility is valid for 5 years.

If you currently hold a provisional skilled visa and wish to discuss converting across to a permanent visa, feel free to book an immigration consultation for more information.

Skilled Regional (Provisional) Subclass 489 Visa

The Skilled Regional (Provisional) Subclass 489 visa is a 4-year provisional visa which requires holders to live and work in a regional area to obtain permanent residence. To qualify, you would need to be sponsored by either a relative living in a designated area or a State or Territory Government.

SkillSelect Only Application

In order to apply for a Skilled Nominated or Sponsored (Provisional) Subclass 489 visa, you must first lodge an Expression of Interest through SkillSelect and be invited by the Department of Immigration to apply.

Once you are invited to apply for a skilled visa, you must lodge your application within 60 days, otherwise the invitation lapses. Accordingly, it is very important that you have all required documentation prepared to lodge as soon as possible after receiving the invitation.

Visa Criteria

In order to qualify for a Subclass 489 visa, you would need to:

• Lodge an EOI and be invited to apply
• Be sponsored by a relative living in a Designated Area or nominated by a State or Territory Government.
• Meet the pass mark in the skilled migration points test – currently 60
• Be aged between 18 and 44 inclusive
• Pass Skills Assessment in an occupation on the relevant Skilled Occupations List
• Have Competent English or higher
• Meet health and character requirements

Sponsorship by a Relative Living in a Designated Area

You can apply for a Subclass 489 visa if you are sponsored by a relative living in a Designated Area.

The relative must be an Australian citizen, permanent resident or Eligible New Zealand Citizen. The following relatives can sponsor for the Subclass 489 visa:

• Parents
• Brothers and Sisters
• Uncles and Aunts
• Nephews and Nieces
• First Cousins
• Grandparents

You must pass skills assessment in an occupation on the Independent or Family Sponsored Occupations List prior to receiving an EOI invitation.

If you are sponsored by a relative, you will need to live for 2 years and work full time for 12 months in a regional or low population growth area to qualify for permanent residence through the Skilled Regional Subclass 887 visa.

Nomination by a State or Territory Government

Each State and Territory Government publishes a list of occupations in short supply in their area. There may be specific requirements in terms of work experience, English language ability or specialized skills.

You must pass skills assessment in an occupation on the State or Territory Nominated Occupations List prior to receiving an EOI invitation.

If you are nominated by a state or territory government, you will need to live for 2 years and work full time for 12 months in a regional or low population growth area to qualify for permanent residence through the Skilled Regional Subclass 887 visa.

Do I Apply in Australia or Overseas?

You can either be in Australia or overseas when you apply for a Subclass 489 Visa. In order to lodge from within Australia, you would need to hold a substantive visa or a Bridging A, B or C visa. Once you apply from within Australia, you would receive a bridging visa allowing you to remain in Australia during processing of your visa application.

Including Family Members

You can include the following types of family members in your application:

• Spouses, defacto partners, and same-sex partners
• Dependent children
• Other dependent family members – eg parents who live with you and are financially dependent

It is possible to include partners and dependent children after lodgement of the application, but other dependent family members must be included at lodgement.

Duration and Conditions

The visa is a 4-year provisional visa. Whilst in Australia you and your included family members can only live, work and study in an approved regional area. The approved regional areas vary depending on whether you are sponsored by a relative or by a State or Territory Government:

• State or Territory Government: you can only live in a Regional or Low Population Growth Area
• Relative: you can live in a Designated Area

Designated areas are wider than Regional or Low Population Growth areas – in particular, the major cities of Melbourne, Canberra, and the Gold Coast are considered Designated Areas.

If you are outside Australia when the visa is granted, you and your family members will need to enter Australia for the first time prior to the expiry of your health and police clearances.

Acacia has significant expertise in handling general skilled visa applications, and can help you with:

• Getting your skills assessed
• Obtaining a nomination from a State or Territory Government
• Putting together a relative sponsorship
• Lodging visa applications within tight deadlines
• Managing your bridging visas
• Getting results with minimum stress and worry for you

Please book an immigration consultation if you would like assistance with your Skilled Regional (Provisional) Subclass 489 visa application.

Designated Areas for Skilled Nominated or Sponsored  (Provisional) Subclass 489 Visa

This is a list of the Designated Areas for the purposes of applying for the Skilled Nominated or Sponsored (Provisional) Subclass 489 Visa.

If you have a relative who is ordinarily resident in one of the areas below, they may be eligible to sponsor you for a Skilled Regional Sponsored visa.

Once your visa is granted, you must live in a designated area, though this need not be in the same postcode or state as your sponsor.

Regional and Low Population Growth Areas

Below is a list of the Regional and Low Population Growth Areas of Australia.

The list is relevant for those nominated by a state or territory government for the Skilled Regional (Provisional) Subclass 489.

On grant of your visa, you must live in such an area for 2 years and work there for 12 months to qualify for permanent residence through the Skilled Regional Subclass 887 visa.

Graduate Temporary Subclass 485 Visas

It is a good way to extend your stay in Australia to improve your chances of becoming eligible for a permanent or provisional skilled visa.

Eligibility Streams

There are two eligibility streams for the Temporary Graduate Subclass 485 Visa:

• Post Study Work Stream: commonly referred to as the Post Study Work Visa (PSWV). This eligibility stream was introduced in March 2013 for students applying for their first student visa after 5 November 2011
• The Graduate Work Stream: criteria are similar to the 485 Graduate Skilled visa as it was prior to March 2013

Common Criteria

There are a number of criteria which are common to both the PSWV (Post Study Work) stream and the Graduate Work Stream:

Age:

The main applicant must be under 50 at the date of lodgment.

English:

The main applicant must demonstrate their English language ability, either through holding certain types of passport or by undertaking an English test.Evidence of threshold English must be provided at the date of lodgement

Study in Australia:

You must meet the 2-year study requirement and have completed qualifications within six months of applying for the visa.

Points Test:

The Temporary Graduate subclass 485 visa is not points-tested.

Do I Apply in Australia or Overseas?

The primary applicant must be in Australia when they make their application for a 485 visa and must have held an eligible student visa within the 6 month period prior to lodgement.

Including Family Members

You can include the following types of family members in your application:

• Spouses, defacto partners, and same-sex partners
• Dependent children

If you already hold a 485 visa, you can apply for family members to join you in Australia on 485 visas.

Duration and Conditions

Duration of the 485 visa will depend on your circumstances.

Graduate Workstream visas are valid for 18 months from the date of grant of the application.

Duration of the PSWV depends on which qualification has been completed in Australia as follows:

• 2 years: completion of Bachelor Degree, Bachelor with Honours, Masters by Coursework or Masters (Extended)
• 3 years: Masters by Research
• 4 years: Doctorate

Whilst on a 485 visa, you have unrestricted work rights in Australia.

You must maintain private health insurance whilst on a skilled graduate visa. A list of the major providers is at 485 Visa Insurance

We have prepared an FAQ on 485 Graduate Temporary Visas which gives more information on the criteria for this visa.

True Migration has assisted thousands of international students to obtain permanent residence in Australia – please book a consultation with one of our advisors if you would like assistance with your visa application.

485 –

Graduate Work Stream

The Graduate Workstream of the 485 subclass visa is an 18-month visa available to international students who complete studies in Australia taking 2 academic years or more.

It is a great option for students who would like to extend their stay in Australia after their studies. It also helps those who are seeking to stay in Australia permanently – either through General Skilled Migration or employer sponsorship.

What does the Visa Allow Me to Do?

The visa is valid for 18 months from the date of grant. It has full work rights, and also full study rights. It allows you to travel freely to and from Australia during the validity of the Visa.

What is the Australian Study Requirement?

You must complete a course or series of courses in Australia which take at least 2 academic years. There are a number of requirements:

• You can count studies at the diploma level or higher, and also Certificate III courses in trade occupations. This would include diplomas, advanced diplomas, bachelor degrees, graduate diplomas, masters, and PhDs
• Your studies need to be “closely related” to your nominated occupation
• The studies must be registered on CRICOS (see http://cricos.deewr.gov.au), and the total registered study period according to CRICOS must be at least 92 weeks
• You can count more than one course, providing each course meets the above requirements and results in 2 academic years of study
• You can have a break in between studies and still meet the 2-year study requirement

Which Occupations Can I Choose From?

You must pass skills assessment in an occupation on the Independent or Family Sponsored Occupations List to be granted a 485 Graduate Work Stream visa.

Do I Need My Skills Assessed?

You will need to pass skills assessment in your nominated occupation – this will depend on the occupation and will generally be based on your qualifications, English language ability, and any registration requirements.

Many skills assessing authorities have lower requirements for 485 applicants – this includes the accounting bodies, VETASSESS, Trades Recognition Australia and the Australian Computer Society.

The skills assessment must be lodged prior to the 485 visa application, but need not be completed at lodgement. It is important to ensure that you are able to meet the skills assessment requirements for your occupation, otherwise, your visa application will be refused.

What is the English Language Requirement?

You will need to establish your English language ability when you lodge your 485 visa application.

You can show this in one of the following ways:

• Hold a passport from the UK, Ireland, USA, Canada or New Zealand; or
• IELTS (Academic or General Training): overall average of 6 and at least 5 in each band; or
• Occupational English Test (OET): B Pass in each band; or
• Pearson (PTE Academic): overall average of 50 with at least 36 in each band; or
• TOEFL iBT (Internet Based Test): total score of 64, with at least 4 in Listening and Reading, and at least 14 in Writing and Speaking; or
• Cambridge (CAE): 169 overall average with at least 154 in each band.

Note that from 18 April 2015, average band scores apply with lower minimum scores apply to most English tests for the purposes of 485 visa.

What are the Health Insurance Requirements?

You will need to show that you have adequate arrangements for health insurance when your 485 visa is granted. Whilst it is OK to have OSHC (Overseas Student Health Cover) at the time of application, you will need Working Visa cover for approval of your 485 visas.

You also need to maintain your Working Visa cover whilst you hold your 485 visas. If you do not maintain this level of cover, your 485 visa might be canceled.

Do I need Health Checks?

You would generally need to do medicals for grant of a 485 visa. If you’ve recently applied for a student visa extension, you may be able to re-use these medicals.

Will I need Police Checks?

You will need an Australian Federal Police (AFP) Check for yourself and any members of your family aged 16 or over. You must apply for the AFP checks prior to lodgement of your 485 visa.

Note that from February 2015, police checks for countries you have lived in outside Australia are no longer required.

Are There Time Limits in Applying?

You must apply for your 485 visa within 6 months of completion of your Australian studies. You must either hold a student visa when you apply or to have held a student visa within the last 6 months. You must also make sure that you apply prior to the expiry of your student visa, or at least have applied for another visa and are on a bridging A or B visa when the 485 application is lodged.

Do I Get a Bridging Visa When I Lodge?

When you apply for your 485 visa, you would, in general, receive a Bridging A visa allowing you to remain in Australia during processing of your 485 visa application.

The Bridging A visa has full work rights. If you held a substantive visa (eg student visa) when you apply for your 485, the work rights on the bridging visa will come into effect when the substantive visa expires.

The Bridging A visa may cease if you depart Australia. If you wish to travel whilst waiting for a decision on your 485 visa, you may wish to apply for a Bridging B visa to facilitate your travel.

How Long Will it Take?

485 visas are currently taking 2-3 months to process for a complete application.

Conclusion

The Graduate Work visa is an excellent option for international students who wish to remain in Australia after completion of their studies.

If you would like assistance in applying for a graduate work visa, please book a consultation with one of our advisors to discuss further.

485 – PSWV – Post Study Work Stream

The Post Study Workstream of the 485 subclass visa or PSWV is a work visa lasting between 2 and 4 years. Students need to complete studies at the Bachelor, Masters or Doctorate level which take at least 2 academic years.

It is a great option for students who would like to extend their stay in Australia after their studies. It also helps those who are seeking to stay in Australia permanently – either through General Skilled Migration or employer sponsorship.

Validity Period

The duration of the visa depends on which studies have been completed as follows:

• Ph.D.: 4 years
• Masters by Research: 3 years
• Masters by Coursework or Bachelor Degree: 2 years

What does the Visa Allow Me to Do?

The visa has full work rights, and also full study rights. It allows you to travel freely to and from Australia during the validity of the visa.

What is the First Student Visa Requirement

You can only qualify for a Post Study Work Visa if you have applied for and been granted your first student visa on or after 5 November 2011.

If you have held a student visa which you applied for prior to 5 November 2011, then you are not eligible. This would include situations where you have studied and returned to your home country, have held a visa to study non-award courses or English courses, or even if you held a student visa as a dependent.

Even if you hold a student visa which you did apply for on or after 5 November 2011, you will still be ineligible if you have held a student visa which you applied for prior to this date.

Note that it is the date you applied for the visa which is critical, not the date of grant.

If you made a student visa application prior to 5 November 2011 but it was not approved (eg due to refusal or because you withdrew your application), then you may still be eligible.

What is the Australian Study Requirement?

You must complete a course or series of courses in Australia which take at least 2 academic years. There are a number of requirements:

• Only studies at the Bachelor, Masters or Doctorate level count towards the 2 years requirement
• The studies must be registered on CRICOS (see http://cricos.deewr.gov.au), and the total registered study period according to CRICOS must be at least 92 weeks
• You can count more than one course, providing each course meets the above requirements and results in 2 academic years of study
• You can have a break in between studies

Which Occupations Can I Choose From?

There is NO occupations list for the Post Study Work Visa – the area of specialization is not relevant to providing your studies are at the right level.

Do I Need My Skills Assessed?

Skills assessment is NOT required for the post-study work visa.

What is the English Language Requirement?

You will need to establish your English language ability when you lodge your 485 visa application.

You can show this in one of the following ways:

• Hold a passport from the UK, Ireland, USA, Canada or New Zealand; or
• IELTS (Academic or General Training): overall average of 6 and at least 5 in each band; or
• Occupational English Test (OET): B Pass in each band; or
• Pearson (PTE Academic): overall average of 50 with at least 36 in each band; or
• TOEFL iBT (Internet Based Test): total score of 64, with at least 4 in Listening and Reading, and at least 14 in Writing and Speaking; or
• Cambridge (CAE): 169 overall average with at least 154 in each band.

Note that from 18 April 2015, average band scores apply with lower minimum scores apply to most English tests for the purposes of 485 visas.

What are the Health Insurance Requirements?

You will need to show that you have adequate arrangements for health insurance when your 485 visa is granted. Whilst it is OK to have OSHC (Overseas Student Health Cover) at the time of application, you will need Working Visa cover for approval of your 485 visa.

You also need to maintain your Working Visa cover whilst you hold your 485 visa. If you do not maintain this level of cover, your 485 visa might be canceled.

Do I need Health Checks?

You would generally need to do medicals for grant of a 485 visa. If you’ve recently applied for a student visa extension, you may be able to re-use these medicals.

Will I need Police Checks?

You will need an Australian Federal Police (AFP) Check for yourself and any members of your family aged 16 or over. You must apply for the AFP checks prior to lodgement of your 485 visa.

Note that from February 2015, police checks for countries you have lived in outside Australia are no longer required.

Are There Time Limits in Applying?

You must apply for your 485 visa within 6 months of completion of your Australian studies. You must either hold a student visa when you apply or to have held a student visa within the last 6 months. You must also make sure that you apply prior to the expiry of your student visa, or at least have applied for another visa and are on a bridging A or B visa when the 485 application is lodged.

Do I Get a Bridging Visa When I Lodge?

When you apply for your 485 visa, you would, in general, receive a Bridging A visa allowing you to remain in Australia during processing of your 485 visa application.

The Bridging A visa has full work rights. If you held a substantive visa (eg student visa) when you apply for your 485, the work rights on the bridging visa will come into effect when the substantive visa expires.

The Bridging A visa may cease if you depart Australia. If you wish to travel whilst waiting for a decision on your 485 visa, you may wish to apply for a Bridging B visa to facilitate your travel.

How Long Will it Take?

485 visas are currently taking 2-3 months to process for a complete application.

Conclusion

The Post Study Work visa is an excellent option for international students who wish to remain in Australia after completion of their studies.

If you would like assistance in applying for a post-study work visa, please book a consultation with one of our advisors to discuss further.

Frequently Asked Questions – Graduate Temporary Subclass 485 Visas

The Temporary Graduate Subclass 485 visa is available for international students completing studies in Australia.

It allows students to remain in Australia for between 18 months and 4 years, depending on the student’s circumstances. During this time, they have full work rights in Australia.

Below are some of the more frequently asked questions about Subclass 485 visas.

Q. What are the different types of Temporary Graduate Subclass 485 visa?

There are two “streams” for the Temporary Graduate Subclass 485 visa:

• Post Study Work Stream: commonly referred to as the Post Study Work Visa (PSWV). This eligibility stream was introduced in March 2013 for students applying for their first student visa after 5 November 2011
• The Graduate Work Stream: criteria are similar to the 485 Graduate Skilled visa as it was prior to March 2013

Q. How do I qualify for the Graduate Work Stream?

Main requirements for the Graduate Work Stream are:

• Have completed 2 years of study in Australia
• Have completed a trade certificate, diploma, bachelor degree, graduate diploma, masters or Ph.D. within the last 6 months
• Nominate an occupation on the Independent and Family Sponsored Occupations List and pass skills assessment in that occupation
• Australian studies are “closely related” to the nominated occupation
• Have held a student visa within the last 6 months, and hold a substantive visa, bridging A or B visa at the time of application
• English: if you hold a passport from UK, Ireland, USA, Canada or NZ, you will not need to undertake an English test. Otherwise, you must complete one of the recognized English tests: IELTS, OET, Pearson (PTE Academic), TOEFL iBT or Cambridge (CAE Advanced).
• Aged under 50 at time of application

Q. How do I qualify for a PSWV (Post Study Work Stream)?

Main requirements for the PSWV or Post Study Work Stream are:

• Applied for your first student visa on or after 5 November 2011
• Have completed 2 years of study in Australia at the bachelor level or higher
• Have completed a bachelor degree, masters or Ph.D. within the last 6 months
• Have held a student visa within the last 6 months, and hold a substantive visa, bridging A or B visa at the time of application
• English: if you hold a passport from UK, Ireland, USA, Canada or NZ, you will not need to undertake an English test. Otherwise, you must complete one of the recognized English tests: IELTS, OET, Pearson (PTE Academic), TOEFL iBT or Cambridge (CAE Advanced).
• Aged under 50 at time of application

Q. How long is the Temporary Graduate Visa Valid for?

485 visas granted under the Graduate Work Stream are valid for 18 months from the date of grant.

Post Study Work Stream (PSWV) visas can be valid for between 2 and 4 years from the date of grant, depending on the type of qualification completed. Validity periods are as follows:

• 2 years: completion of Bachelor Degree, Bachelor with Honours, Masters by Coursework or Masters (Extended)
• 3 years: Masters by Research
• 4 years: Doctorate

Q. What is the difference between the Graduate Work Stream and the PSWV (Post Study Work) Stream?

A wider range of Australian qualifications can be used to apply for the Graduate Work Stream. For instance, it is possible to complete a trade qualification, diploma, advanced diploma or graduate diploma and apply for a Graduate Work Stream visa. Note that the Australian studies must be closely related to the nominated occupation for the Graduate Work Stream and that applicants must pass skills assessment in their nominated occupation.

For the PSWV (Post Study Work) stream, only studies at the bachelor level or higher can be used in meeting the 2-year study requirement. That is, studies at the diploma or trade level cannot be used for the Post Study Workstream. Applicants must have completed one of the specified qualifications within the last 6 months. The qualifications specified are:

• Bachelor Degree
• Bachelor with Honours
• Masters by Coursework
• Masters (Extended)
• Masters by Research
• Doctorate

Unlike the Graduate Work Stream, the Post Study Workstream does not require skills assessment, and applicants do not need to nominate an occupation on the Skilled Occupations List. There is no requirement to show that the studies are “closely related” to any nominated occupation.

However, students who applied for their first student visa prior to 5 November 2011 are not eligible for the PSWV (Post Study Work Stream).

Q. I held a student visa as a dependent prior to 5 November 2011. Can I apply under the Post Study Work Stream?

No – even if you held a student visa as a dependent prior to 5 November 2011, you cannot apply for the Post Study Work Stream.

Q. I held a student visa prior to 5 November 2011. Can I Qualify for the PSWV (Post Study Work Stream) if I apply for a new Student Visa?

No – if you hold a student visa which you applied for prior to 5 November 2011, you cannot qualify for the Post Study Work Stream, even if you make a new application after 5 November 2011.

Q. I applied for a student visa prior to 5 November 2011, but my application was refused. Can I Qualify for the PSWV (Post Study Work Stream) if I apply for a new Student Visa?

Yes – the 5 November requirement only applies to student visas which were granted. Applications which were refused or withdrawn will not count against you in applying for a Post Study Workstream visa.

Q. I applied for a student visa prior to 5 November 2011, but it was granted after 5 November. Can I Qualify for the PSWV (Post Study Work Stream) if I apply for a new Student Visa?

No – even if your student visa was granted after 5 November 2011, you will be ineligible for the Post Study Work Stream if you made the application prior to 5 November 2011.

Q. I have completed a 2-year course, but have received exemptions for my overseas studies. Can I qualify for a Graduate Temporary Subclass 485 Visa?

To qualify for a subclass 485 visa, you must have completed 2 academic years of study. This is defined as being a course, or courses, which are registered on CRICOS as taking at least 92 weeks.

If you have received exemptions for overseas studies, then you may still meet the Australian study requirement.

The Federal Court case of Riaz & Anor v Minister for Immigration & Anor [2013] FCCA 2244 (20 December 2013) states that RPL or previous studies, whether undertaken in Australia or overseas, do not affect the 2-year study requirement.

Q. Can I Lodge Prior to Completing my English Test?

When you make your application, you must provide evidence that you have met the English language requirement.

As a result, you will need to provide your qualifying passport from the UK, Ireland, USA, Canada or NZ, or alternatively a suitable English Test result at the date of application.

Q. Can I Lodge Prior to obtaining my Skills Assessment?

If applying under the Post Study Workstream, you do not need to obtain a skills assessment – this is only required for the Graduate Workstream.

To apply for a Graduate Work stream visa, you must have applied for skills assessment and provide evidence of this application. You can make your Graduate Work stream application prior to the skills assessment being finalized. To be granted your visa, the skills assessment must be finalized and positive.

Q. Can I include Family Members in my Application?

You can include partners and dependent children in your 485 Temporary Graduate visa application.

You can do this by either:

• Including them when you make the application (this is referred to as a “combined” application); or
• Applying for 485 visas for them once you have been granted your 485 visa (the dependents are referred to as “subsequent entrants” in this case)

Including dependents in a combined application is cheaper and quicker in most cases. However, they need to be in Australia when they are granted.

Additional fees are required when applying for subsequent entrants, and you can only make the application once your 485 visa has been granted. Subsequent entrants can either be in Australia or overseas when their visas are granted.

Except for children born during processing, it is not possible to add dependents whilst your 485 application is being processed.

Want more Information?

Feel free to book a consultation if you would like to discuss your visa options or eligibility.

Skilled Recognised Graduate Subclass 476 Visas

The Skilled – Recognised Graduate subclass 476 visa is an 18-month work visa for recent engineering graduates.

It is a good way to work in Australia to improve your chances of becoming eligible for a permanent or provisional skilled visa.

Criteria

The main criteria are as follows

Age

The main applicant must be under 31 at the date of lodgement.

English

You must provide evidence of your English language ability at the date of lodgement by showing one of the following:

• Hold a passport from the UK, Ireland, USA, Canada or New Zealand; or
• IELTS (Academic or General Training): overall average of 6 and at least 5 in each band; or
• Occupational English Test (OET): B Pass in each band; or
• Pearson (PTE Academic): overall average of 50 with at least 36 in each band; or
• TOEFL iBT (Internet Based Test): total score of 64, with at least 4 in Listening and Reading, and at least 14 in Writing and Speaking; or
• Cambridge (CAE): 169 overall average with at least 154 in each band.

Qualifications

You must have completed a qualification at most 2 years prior to lodgement. The qualification must be:

• In the engineering field
• At the bachelor level or higher
• Completed at an institution which offers courses accredited through the Washington Accord, or an institution specified by Immigration.

Points Test

The Recognised Graduate subclass 476 visa is not points-tested.

Do I Apply in Australia or Overseas?

Unless the main applicant is an NZ citizen, all applicants must be outside Australia when the visa application is granted.

You can be in Australia when the application is lodged but must depart Australia for visa grant.

As a result, no bridging visa is issued in general.

Including Family Members

You can include the following types of family members in your application:

• Spouses, defacto partners, and same-sex partners
• Dependent children

If you already hold a 476 visa, you can apply for family members to join you in Australia on 485 visas.

Duration and Conditions

Valid for 18 months from the date of first entry to Australia.

You must maintain private health insurance whilst on a recognized graduate visa.

Please book a consultation with one of our advisors if you would like advice on your visa options, or in making an application.

Skilled Migration Criteria

Applicants for skilled migration need to meet strict threshold criteria. Note that these must be met at the time of invitation – hence it is important to only lodge an Expression of Interest once all criteria have been met.

These criteria include:

Age

You must be aged between 18 and 44 at the time of invitation.

English Language Ability

Most applicants will need to undertake an English language test. Native English speakers have the option of not taking the test but must do so to obtain points for English.

Skills Assessment

All applicants need to undergo skills assessment in an occupation on the approved list for your application type. Criteria for skills assessment vary by occupation and there are a large number of skills assessing authorities. In most cases, the skills assessment will be based on the applicant’s qualifications and work experience, though in some cases English language ability and registration in Australia is required.

Points Test

Applicants must meet the pass mark in the general skilled migration points test to be eligible.

SkillSelect

All applicants need to go through the SkillSelect system prior to lodging their visa application – this involves first making an Expression of Interest (EOI) and receiving an invitation from the Department of Immigration to apply.

SkillSelect Expression of Interest (EOI) System

Applicants for a number of visa subclasses need to first lodge an Expression of Interest (EOI) and only the best candidates will receive an invitation to lodge their applications.

The following types of application can only be lodged through SkillSelect:

1. Skilled (Points Tested) Visas
   • Skilled Independent Subclass 189 Visas
   • Skilled Nominated Subclass 190 Visas
   • Skilled Regional (Provisional) Subclass 489 Visas
2. Business Skills Visas
   • Business Talent Subclass 132 Visas
   • Business Innovation & Investment Subclass 188 Visas

Some employer-sponsored visas can be applied for via SkillSelect, however, this is optional and it is still possible to apply directly rather than through SkillSelect:

• Employer Nomination Scheme – ENS
• Regional Skilled Migration Scheme – RSMS
• 457 Temporary Work (Skilled)

How SkillSelect applies to Skilled Points Tested Visas

To lodge an EOI, you must have completed your skills assessment and have evidence of your English language ability.

You also may wish to obtain a nomination from a state or territory government prior to lodging an EOI as this will improve your chances of getting an invitation.

Processing of EOIs – Independent and Family Sponsored Applicants

For Independent and Family Sponsored Applicants, the Department of Immigration regularly reviews the EOIs which have been lodged. They issue the best candidates with an invitation to make an application for skilled points tested migration. This currently occurs every two weeks.

Quotas are set for each occupational group (this is referred to as an “occupational ceiling”). The people with the best points score will be issued with an invitation. People with a higher points score due to having more work experience, better English scores and higher qualifications will have the best chance of getting an invitation.

Processing of EOIs – State Nominated Applicants

If you are looking at being nominated by a state or territory government, you will need to first lodge your EOI. Once the state or territory government completes your nomination, you would usually receive an invitation immediately from SkillSelect.

You must have a passing score to receive an invitation (currently 60 points for Skilled Points Tested applicants.

Whilst occupational ceilings do not apply to state nominated applicants, states and territories may have internal quotas for each occupation.

Time Limit to Apply after being Invited

Once you receive an invitation, you will need to make your visa application within 60 days.

If you are unable to apply within this time, your invitation lapses. If you are invited once, there is no guarantee that you will be re-invited later, and in any case, you can only be issued with a maximum of 2 invitations before your application is removed from the EOI system.

In other words, you need to be prepared ahead of time to make sure you are in a position to take up the opportunity when it comes your way. Feel free to book an immigration consultation if you would like a full assessment of your situation, or if you would like our assistance in making your Expression of Interest and visa application.

English Language Requirement for Skilled Migration

If you are applying for Skilled Migration, you will need to prove your English language ability. The required level of English depends on the visa subclass you are applying for and there are 4 different levels of English which may be relevant:

• Superior English: 20 points in GSM points test
• Proficient in English: 10 points in GSM points test
• Competent English: threshold requirement for General Skilled Migration and ENS and RSMS
• Vocational English: previously important for General Skilled Migration and Employer Sponsored Visas
• Functional English: for secondary applicants seeking to avoid paying the English Language Charge

Timing of English

The timing of the English language requirement depends on the type of visa being applied for:

• General Skilled Migration: time of invitation
• RSMS and ENS visas: time of application

As it can take some time to obtain a booking for a test and to receive the results, you may wish to plan to take the English test well ahead of time.

The validity of English Tests

Tests conducted up to 3 years prior to lodgement of an application will be accepted by the Department of Immigration.

The only exception to this is for functional English – this requires testing to have been done at most 12 months before lodgement.

Acceptable English Tests

The IELTS test is the most common way of evidencing English language ability. Either the Academic or General Training versions of the test are acceptable to the Department of Immigration, but some skills assessing authorities require applicants to sit the Academic version. You will need to obtain a minimum score in each band of the IELTS (Reading, Writing, Listening, Speaking) in a single sitting.

The Occupational English Test (OET) is also accepted as evidence of proficient and superior levels of English. The OET is only appropriate for medical and allied health professionals.

The Pearson Academic Test of English (Pearson PTE) and TOEFL Internet Based Test (TOEFL iBT) are now accepted for all skilled subclasses. Most state and territory governments also recognize these tests, as do some skills assessment authorities.

The Cambridge Test of English is also accepted from January 2015.

You can read more about the pros and cons of each English test in our article here.

Vocational English

Required scores to establish Vocational English are as follows:

Competent English

For most skilled visas, you will need to show at least Competent English to meet the threshold criteria. If you hold a passport from one of the following 5 countries, you can establish competent English without completing an English test:

1. Canada
2. New Zealand
3. United Kingdom
4. United States
5. Ireland

Otherwise, you would need to complete a recognized English language test and obtain the following score:

Competent English gives you 0 points in the Skilled Migration Points Test but is an essential requirement to be able to lodge a skilled visa.

Proficient in English

If you demonstrate proficient English, this will give you 10 points for English language ability.

Even native English speakers must undertake English language testing to obtain points for proficient English or higher.

Scores required for Proficient English are:

Superior English

If you demonstrate superior English, this will give the maximum of 20 points for English language ability. Minimum scores for Superior English are:

Functional English

If your spouse or partner has less than functional English, then you would need to pay the “English Education Charge” to cover English language tuition in applying for skilled migration.

You can show you have functional English ability by providing evidence of one of the following:

1. Completion of a degree, higher degree, diploma or trade certificate that required at least 2 years of study in English medium
2. Completion of all years of primary education and at least 3 years of secondary education in English medium; or
3. Completion of at least 5 years of secondary education in English medium; or
4. Scoring at least 4.5 average over the four components of the IELTS test within the 12 months before application, or during processing; or
5. Completion in Australia of at least 1 year of full-time study or equivalent part-time study towards a degree, higher degree, diploma, or associate diploma in English medium.
6. In some circumstances, functional English can be established via an interview

You can also demonstrate functional English by completing an English test and scoring as follows:

Applying for migration to Australia can be complex, so we recommend that you book a consultation to check your likely eligibility for immigration to Australia before you proceed with an application.

Community Language Points for Skilled Migration

You can score an additional 5 points in the points test for skilled migration if you have “credentialed community language qualifications”.

To obtain the community language points, you must be accredited by the National Accreditation Authority for Translators and Interpreters (NAATI) at the para-professional level (Level 2) or higher. At the time of writing, NAATI offered accreditation exams in the following languages:

If you would like us to check your likely eligibility for skilled migration or if you would like us to assist you with your application, you can book a consultation through our website. We will then provide you with a comprehensive preliminary assessment of your likely eligibility for skilled migration and can discuss with you the best way to proceed with your application.