If you’re considering applying for the Subclass 485 Temporary Graduate visa in Australia, it’s crucial to understand the requirements and qualification criteria associated with this visa. This blog aims to provide a comprehensive overview of the two primary streams available—Graduate Work stream and Post-Study Work stream—as well as the common eligibility requirements that apply to all applicants.
Understanding the Two Streams
To qualify for the Subclass 485 visa, you must satisfy the eligibility requirements under one of the two streams:
- Graduate Work Stream
- Post-Study Work Stream
Each stream has different requirements, making it essential to assess your eligibility carefully before applying. The stream you choose will also dictate the documents you’ll need to submit to the Department of Home Affairs.
Key Considerations: The ‘Closely Related’ Requirement
One significant requirement under the Graduate Work stream is the need to demonstrate that your qualifications are “closely related” to your nominated occupation. This term is not explicitly defined in the migration provisions, but it is interpreted based on recent Australian Federal Court rulings.
The Importance of Case Law
Understanding how the term “closely related” is defined is critical, especially if your qualifications don’t clearly align with your nominated occupation. For example, if you’re applying for a graduate visa as a Registered Nurse (ANZSCO code 254499) with a Bachelor of Nursing and a Diploma of Management, the link between your nursing degree and the occupation is clear. However, the connection between the management diploma and nursing may not be as apparent.
This is where case law becomes vital. Judicial decisions have established legal principles that guide the interpretation of this requirement, meaning you can build a case based on established legal precedents to support your application.
Leveraging Immigration Policy
While case law provides binding authority for the Department of Home Affairs, immigration policy offers additional guidance on how the Department is likely to interpret the ‘closely related’ requirement. Although not legally binding, it can help you understand how to present your qualifications in the best light.
The Role of Migration Agents
Given the complexity of the requirements, engaging a skilled migration agent or immigration lawyer can significantly enhance your chances of a successful application. They possess the expertise and access to legal research that can help you prepare a strong application, supported by relevant case law and immigration policy.
English Language Requirements
Both streams of the Subclass 485 visa require applicants to meet specific English language criteria. You can fulfill these requirements by either:
- Completing an approved English language test and achieving the minimum score.
- Holding a passport from a specified list of countries.
The various options available for demonstrating English proficiency further highlight the importance of understanding the full scope of visa requirements before applying.
What If You’re Not Eligible?
If, after assessing your eligibility, you find that you do not meet the requirements for a temporary graduate visa, don’t lose hope. There are pathways you can explore to become eligible in the future. This may involve applying for a different visa class as a stepping stone to your goal of obtaining a temporary graduate visa. It’s vital to stay informed about migration laws and any changes that may impact your eligibility.
Deep Dive: Understanding ‘Closely Related’
The ANZSCO Framework
To grasp the nuances of the ‘closely related’ requirement, it’s essential to understand the Australian and New Zealand Standard Classification of Occupations (ANZSCO). This classification system categorizes all occupations and is integral to Australian migration laws. It specifies the tasks associated with each occupation, which can aid in assessing the relevance of your qualifications
Relevant Case Law
Two leading court cases that define the ‘closely related’ criterion are:
- Minister for Immigration and Border Protection v Dhillon [2014] FCAFC 157
- Talha v Minister for Immigration and Border Protection [2015] FCAFC 115
The legal principles established in these cases indicate that:
- The entirety of the qualification must be compared with the entirety of the occupation to determine if a close relationship exists.
- A significant portion of the skills acquired from your qualification should align with the skills required for the nominated occupation
Immigration Policy Guidance
Immigration policy further emphasizes that the skills underpinning your qualifications must be transferable to your nominated occupation. You will need to analyze your studies against the tasks listed in ANZSCO to demonstrate this transferability convincingly.
Navigating the requirements for the Subclass 485 Temporary Graduate visa can be complex, especially concerning the ‘closely related’ criterion and the English language requirements. Given the intricate nature of migration law, it is advisable to consult with a migration professional who can guide you through the process, ensuring that your application is well-prepared and backed by relevant legal and policy frameworks.
At AMVPS, we are here to help you every step of the way. By staying informed and engaging the right experts, you can increase your chances of a successful application and take the necessary steps toward achieving your Australian migration goals. Don’t leave your future to chance; reach out to us today and let us assist you in navigating your visa pathway!