7 tips to avoid a 485 visa refusal

Most international students would apply for a 485 visa (commonly known as a TR) at some stage of their stay in Australia.

Some students try to save money and lodge this visa by themselves and get rejected due to mistakes made in the application. There are plenty of reasons an application for a 485 visa could be refused.
Here are the top 7 tips to avoid a 485 refusal:

 

  1. Choosing the correct stream

There are two streams to choose when applying for the 485 visa application.

You must choose the correct stream or risk getting the application refused. A simple tick indicating wrong choice means you will have an expensive and irreversible visa refusal at your hand.

Post Study Work Stream – If you have completed a Bachelor’s degree or higher in Australia and applied for your first student visa on or after November 2011. This visa would be granted with a minimum of two years and a maximum of six years.

Graduate Work Stream – If you have completed a trade certificate, diploma or bachelor in the last six months and your occupation is on the skill list (MLTSS) and you have arranged for a skills assessment. Also, if your first student visa was applied/granted on or before November 2011, and you completed a Bachelor’s degree or higher in the last 6 months, then you would be choosing this stream. This visa would be granted for a maximum of 18 months.

 

  1. English language requirement

You can either show that you hold a valid passport from the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland, or prove your English proficiency. To do this, show evidence that in the last 3 years, you achieved one of the following acceptable scores:

IELTS – Overall score of at least 6 with a minimum score of 5 for each of the 4 modules (Reading, Writing, Speaking and Listening)

TOEFL iBT – Total score of at least 64 with a minimum score of 4 for listening, 4 for reading, 14 for writing and 14 for speaking

PTE – Overall score of at least 50 with a minimum score of 36 for each of the 4 parts

OET – At least B for each of the 4 parts

Cambridge C1 Advanced Test – Overall at least 169 with a minimum score of at least 154 in each of the 4 test components

It is important to note that if relying on the English language test, you must have undertaken the test prior to lodgement of your 485 application.

While there is no requirement to provide the test result at the time of application, the test date must pre-date the visa application date.

Far too many applications have been refused because applicants didn’t sit for the test before submitting the application. So, don’t risk it and consult a professional if you are not confident!

 

  1. Australian Federal Police (AFP) clearance

Unlike many other visa applications, 485 visa application requires that you must have applied for an Australian Federal Police (AFP) clearance prior to lodging the 485 visa application. Failing to do so will result in a refusal.

Also note that you must have applied for a “correct” police clearance type. For immigration purposes, tick the code 33 when applying for your AFP clearance.

For more instructions on applying for your AFP clearance, read here.

 

  1. Meeting Australian Study requirement

This is one of the most confusing requirements for a 485 visa application. To be eligible for a 485 visa, in the 6 months immediately before making an application, you must have completed either:

  • a single eligible qualification that requires at least 2 academic years study, or
  • more than 1 qualification that results in a total of at least 2 academic years study resulting in an eligible qualification

You must have completed your study in Australia, in a total of no less than 16 calendar months, while you held a visa authorising you to study.

Your course, or courses, resulting in the award of an eligible degree, diploma or trade qualification, must be registered on the CRICOS register and instructions must be completed in English.

For more information about Australian study requirements, read here.

 

  1. Skills Assessment

The Graduate Work Stream application must have been accompanied by evidence that the primary applicant had applied to a relevant assessing authority for an assessment of their skills in their nominated skilled occupation.  The skills assessment body will depend on the occupation as listed in the ANZSCO dictionary.

To satisfy the time of application criteria, it is not necessary to provide a copy of the skills assessment result when lodging the application.  The applicant should attach an evidence of making an application to the relevant assessing authority to have their skills assessed for their nominated occupation.  This may include a test reference number or an acknowledgement of a skills assessment application.

Once a positive skills assessment is received, it should be attached to the application as soon as possible or when a further request by the DHA case officer is made.

Understanding the requirements of a skills assessment application is crucial for a successful 485 visa grant. An experienced Registered Migration Agent can assist you with the skills assessment and the 485 visa application. So, if you think it’s too much to handle and you don’t want to risk a refusal, do get in touch with a professional!

 

  1. Studying an eligible course

Not all courses will be eligible for a 485 visa. If you are studying at a Diploma level which is not a trade qualification, then chances are that you may not be eligible. Also studying at Bachelor or higher level but applying under Graduate Work Stream requires that your nominated occupation must be on the appropriate skill list (MLTSSL). The nominated occupation will depend on the field of your study. So, if you have studied something which does not relate to a nominated occupation on the MLTSSL, then you may not be eligible for the 485 visa.

Most students don’t understand this requirement, or they fall prey to unregistered agents, who are not qualified enough to guide properly. It is therefore very important to either have complete knowledge of the rules and regulations that apply to your visa type or hire a professional.

 

  1. Health Cover

You must have adequate health cover for the whole of your stay to be granted this visa. Your cover should cover you for medically necessary treatment, including transport.
You must hold an appropriate health cover at the time of application, otherwise your application may be refused.

If your Overseas Students Health Cover (OSHC) is valid at the time of application of 485 visa, you may be able to use it to apply but must change to Overseas Visitors Health Cover (OVHC) before your OSHC expires or when the case officer requests.

 

  1. Bonus TIP

Here’s a bonus tip!

If you have a current visa with a ‘No further stay’ condition 8534 or 8503 on your current visa, you will need to apply for this visa using the paper form (Form 1409). Only the paper form has an application to have the ‘No further stay’ condition waived.

Summary
Applying for a skilled graduate visa may not seem like a complicated process, however in many circumstances, it may be the only visa available for an applicant to remain in Australia and plan for permanent residency or other work visas. Therefore, it’s important to ensure that you understand the requirements and documentation of the visa.

Currently, there is a trend of offering visa services at bottom low prices and many applicants have fallen prey to these marketing tactics by unscrupulous agents. Lot of visa applications are refused due to incompetency of agents and applicants’ lack of knowledge. Read one such case here.

We hope that these tips will be helpful for you, especially if you are planning to lodge the visa application yourself. However, if you believe that it’s in your best interest to seek professional help, then we can certainly assist you with any visa services.

My Migration has a team of experienced migration consultants with more than 20 years of combined experience and thousands of successful applications. Feel free to check our reviews on Facebook and Google before deciding.

Interested to know more?

Click here to book a FREE 15 minute phone call with one of our friendly consultants. You may also fill out the Online Assessment Form for a free assessment to know your eligibility for a visa to Australia.

 

Disclaimer

The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual.

Finishing Studies Soon? What’s next?

International Students in Australia may be eligible for temporary visas (also called TR or 485 visas) once they complete eligible Australian qualifications.

Finishing a course means different things for different people. Some graduates may be ready to enter the workforce the minute they graduate, while others might find the decision a little more difficult. If you are not quite sure where you are heading once you finish studying, read on as we explain your options.

Here are some of the things you can do once you have graduated!

Take some time out to relax
After years of study, you may want to relax or have some time to yourself before you start looking for work. This might mean taking a few months to travel. Australia is a large, beautiful and diverse country; if you want to spend some time exploring the country and taking a well-earned break, a tourist visa or other type of temporary visa would be a good option or take a break to enjoy a few sleep-ins.

Complete further studies
Many international students choose to stay on in Australia to complete further studies or gain a higher level of qualification, such as a graduate diploma or master’s degree. Continuing your studies will enable you to maximise your time in Australia, get the most out of an education system that you are now familiar with and gain the advanced qualifications and skills needed to get a job.

Working holiday
People aged between 18 and 30 from approved countries can apply for a ‘working holiday visa’ or a ‘work and holiday visa’, which allows them to travel and work in Australia for up to 12 months.

Gain professional work experience
Engineering, accounting, and computer science graduates can complete a Professional Year Program. This program is ideal for students who want to qualify for permanent residency in Australia because those who complete it, earn an extra 5 points to qualify for a skilled migration visa.

Volunteer in Australia
It is no secret that Australia is one of the top destinations for worthwhile volunteer abroad experiences. It is a satisfying and a learning experience and looks good on your resume!

Beef up Your Communication Skills
As cantankerous as it sounds, the digital age is indeed killing our face-to-face, IRL communication. This is good advice for anyone, really, but it can be especially critical when you are young, inexperienced, and perhaps too used to communicating over email or text.

Picking up a new skill
DIY is always going to be useful; rather than calling your parents or landlord for help, maybe try teaching yourself to be self-proficient? Have you ever bled a radiator? Put up some shelves? There are plenty of tutorials online, you need to start looking.

Write a poem, a story or share experiences
If there’s something you are enthusiastic about, write about it. You can start a blog or contribute to an existing blog — while it is unlikely to make much money for you, it’s a rewarding experience and helps you sharpen your writing skills and showcase your talent to online communities.

Find a graduate job
Even this late in the game, it is not too late to find a graduate job. Look for companies that offer career progression so that once you have completed your graduate placement, you may be able to move into a permanent role within the company. Some companies will rotate you around different departments so you can get a feel for what sort of area you might want to progress into. These can include IT, finance, HR, marketing and business development.

 
Plan extended stay if you are an International Student

Many international students enjoy their time in Australia so much that they apply for further visas (temporary or permanent), so they can continue to live and work in Australia. The most common visa applied by an international student is the TR or 485 visa.

The process for Australian visas is usually not straightforward and take a lot of careful planning, information gathering and consultations with visa experts.

As a starting point, refer to Department of Home Affair’s website for further visa options.

Once you have the basic information, it’s best to consult with reputed Registered Migration Agents (RMA) for a detailed consultation tailored to suit your residency goals.

It’s important to note that you should only consult with a Migration Agent who is registered with OMARA (Office of the Migration Agents Regulation Authority). It is illegal to provide immigration assistance in Australia without registration and it leads to poor advice, loss of money and in worst cases, getting your visa application rejected or cancelled. Read here about why you should hire a Registered Migration Agent (RMA).

 
Interested to know more?

Click here to book a FREE 15-minute phone call with one of our friendly consultants. You may also fill out the Online Assessment Form for a free assessment to know your eligibility for a visa to Australia.

Disclaimer

The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual.

Meeting the Australian Study Requirement

When applying for the Temporary Graduate visa (subclass 485)Skilled Independent visa (subclass 189) Points-tested, the Skilled Nominated visa (subclass 190) or the Skilled Work Regional (Provisional) visa (subclass 491), to meet the Australian study requirement, you must have completed either:

  • a single eligible qualification that requires at least 2 academic years study, or
  • more than 1 qualification that results in a total of at least 2 academic years study resulting in an eligible qualification

You must have completed your study in Australia, in a total of no less than 16 calendar months, while you held a visa authorising you to study.
Your course, or courses, resulting in the award of an eligible degree, diploma or trade qualification, must be registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) and instruction must be completed in English.

Note: if applying for a Temporary Graduate visa (subclass 485), you must have completed your study in the 6 months immediately before making an application.

 

Course requirements

Each qualification you have completed and are relying on to meet this requirement must:

  • be either a bachelors degree or higher, a diploma, an advanced diploma, or a trade qualification
  • have been undertaken at an Australian educational institution in Australia
  • have been taught in English
  • be registered on CRICOS
  • have been undertaken while you held a visa authorising you to study

Note: You cannot use English language proficiency courses or enabling programs to meet the Australian study requirement.

 

The 2 academic years study requirement

Two academic years of study equals 92 weeks that contribute towards 1 or more acceptable qualification.

What is meant by 2 academic years study?
Two academic years study, or 92 weeks of registered study, is based on the duration of the course as registered by CRICOS.
You can take longer to complete your course, but you will only be credited with the number of weeks that CRICOS determines as the standard duration. For example, if you take 92 weeks to successfully complete a course that CRICOS says should take 78 weeks, you will only receive credit for 78 weeks only.
Only study successfully completed count towards the 2 academic years. You cannot include failed subjects.

Credits and exemptions
Credit for prior learning may reduce the amount of study undertaken.

Minimum of 16 months study in Australia
The Australian study requirement cannot be met in less than 16 calendar months.
This period begins when the course commences (generally from the start of lectures and excluding orientation periods) to the date at when all academic requirements have been completed

Example: If your course is CRICOS registered for 92 weeks (2 years) and you received credit based on study in another course also registered with CRICOS, then you could use these credits towards meeting the Australian study requirement even if you did not receive a qualification for this other course. The actual period of study on which the credits were based may also be used to meet the 16 month requirement.
However, if your study credits shorten the amount of time you physically studied your course in Australia to less than 16 calendar months, then, you may not meet the Australian study requirement.
If this happens you have several options, including:

  • have the university cancel the credits and complete these subjects for your qualification
  • complete extra units, such as elective units, that the university accepts as award units for the qualification

You may wish to complete an extra eligible qualification that can be used together to meet the Australian study requirement. Your extra qualification must be of sufficient CRICOS-registered duration to make up for the credited units from your course (or courses), bringing the total to at least 92 weeks.

 
Overlap of qualifications

You can undertake overlapping qualifications. For example, students applying under the Graduate Work stream of the subclass 485 visa could complete a Diploma in Finance and then a Diploma in Accounting where 2 units in the last qualification were granted as credit from the earlier qualification.
Where qualifications overlap, you can’t count the period of study more than once.
If you complete more than one qualification but use only the most recent qualification to meet the Australian study requirement, any credit you receive in the most recent qualification from the previous qualification counts towards meeting the Australian study requirement.
The actual period of study within the previous qualification can also be used to meet the 16-month requirement.

 
Study outside Australia

You can still meet the Australian study requirement if your course included study overseas, provided you complete at least 2 academic years of study in no less than 16 months in Australia in a CRICOS registered  course.
Example: You would have completed 2 academic years study in Australia if you undertook a 3-year, 6-semester bachelor degree as follows:

  • semester 1 – outside Australia
  • semester 2 – in Australia
  • semester 3 – in Australia
  • semester 4 – in Australia
  • semester 5 – outside Australia
  • semester 6 – in Australia

The pattern of study does not matter as long as the Australian study requirement is met.
You must complete at least 16 months of study while you are physically present in Australia.
You will not have met the Australian study requirements if you:

  • have studied solely at an overseas campus of an Australian educational institution, or
  • studied online or by correspondence with an Australian educational institution while outside Australia.
 
Evidence to attach to your application

Provide a certified copy of the completion letter from your education provider that shows:

  • the date the course started and ended
  • whether you did any distance learning
  • certified copies of course transcripts
  • the date of course completion
  • the location of the campus where you studied
  • whether you studied full-time or part-time
  • the language in which you received instruction

If you received credit for a course that you intend to use, to show that you have met the conditions of the Australian study requirement, the completion letter must state as such.

 
Completion date

Applications for a subclass 485 visa must be made within six months of the date of course completion.
The date of course completion is the date you first met the academic requirement for the award or your degree, diploma or trade qualification and were advised in writing by:

  • letter
  • publication in a newspaper
  • publication on the internet
  • email
  • bulletin board at the tertiary institution.

This date should not be confused with the date of conferral of award. The date of conferral is the date that the student actually receives their qualification, for example, at a graduation ceremony.

Source: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485/australian-study-requirement

 
Interested to know more?

Click here to book a FREE 15 minute phone call with one of our friendly consultants. You may also fill out the Online Assessment Form for a free assessment to know your eligibility for a visa to Australia.
My Migration has a team of experienced migration consultants with more than 20 years of combined experience and thousands of successful applications. Feel free to check our reviews on Facebook and Google.

 

Disclaimer

The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual.