In the last few months, there have been many announcements regarding visa changes. However, it was on the 1st of July when the legislation was updated to show the exact wording for these changes. With the updated legislation at hand, some of the most common visa applicants’ questions can now be answered accurately.
This article intends to help current visa holders or potential visa applicants to become aware of these changes with clarity and to understand how these changes may affect them.
- I understand that I cannot apply for a Subclass 485 (Temporary Graduate) visa if I am over 35. Are there any exemptions to this criterion?
Many potential applicants were hoping that there would be an adequate list of exemptions to this criterion. However, there are only a few. You can still apply for a 485 visa if you are below 50 years of age and if you hold a Hong Kong or UK passport; or if you have completed a Master’s degree (research) or a Doctoral degree. Outside of these exemptions, you must be 35 years old or younger to be eligible to apply for a 485 visa.
- I will still be below 35 years old when I complete a packaged course of Graduate Certificate and Graduate Diploma with a 2-year study duration, will I be eligible for a 485 visa?
The specified degrees to become eligible to apply for a 485 visa Post‑Higher Education Work stream have been expanded to include Graduate Certificate and Graduate Diploma courses. This means that you will be eligible to apply for this visa based on your circumstances as per above and if you can also satisfy the rest of the criteria for this visa.
- Visitor visa and Graduate visa holders are no longer allowed to apply for a Student Visa onshore. Are there any exemptions to this?
Unfortunately, there are no exemptions to this requirement. This also applies to holders of other visas including Subclass 601 (Electronic Travel Authority), Subclass 602 (Medical Treatment), and other visas.
- My employer is sponsoring me on a TSS 482 visa. However, they cannot afford to pay the new minimum salary requirement of $73,150 per year (plus Superannuation). Can I still go ahead with my visa application?
The minimum salary criterion (Temporary Skilled Migration Income Threshold) is a mandatory requirement when applying for TSS 482 nomination. If this is not met, then your nomination application will be refused and can lead to your TSS 482 visa application getting refused as well.
- I satisfy all the criteria for the Work and Holiday Visa (subclass 462). I am a Philippine passport holder aged between 18 and 30 years, I have completed a Bachelor’s Degree in the Philippines, I have a letter from my university that the course I took was delivered in English as the medium of instruction, and I can provide evidence that I have at least $5,000 plus my travel costs. However, I cannot provide a letter of support from our government. Is there a chance that my 462 visa can still get approved?
It is a mandatory requirement for Filipino passport holders applying for a 462 visa to provide a Letter of Support, also known as a Letter of Concurrence (LoC) from the Philippine government. However, at the time of writing this article (1 July 2024), instructions on how to get an LoC and where to get one have not been published by the Department of Home Affairs.
You will be deemed ineligible to apply for a 462 visa if you do not have an LoC.
Our migration legislation in Australia changes frequently and sometimes abruptly. This can create confusion and anxiety to temporary migrants who intend to continue their stay in Australia. If you are in this position, it is suggested that you seek advice from a Registered Migration Agent or an Immigration Lawyer.