Australia visa update: Government releases criteria for 485 replacement visa

The Department of Home Affairs has introduced the Migration Amendment (Subclass 485 (Temporary Graduate) Visa Replacement Stream and Other Measures) Regulations 2022 to clarify the new 485 Visa Replacement Stream requirements.

Earlier this month, Australia had announced that from 1 July, current and former Temporary Graduate visa holders who lost time in Australia due to COVID-19 travel restrictions might be eligible to apply for a replacement Temporary Graduate visa.

The Department of Home Affairs has said that from 1 July 2022, the candidates can apply from onshore or offshore for the Replacement Visa.

Requirements:

The following requirements must be met by an applicant seeking to satisfy the primary criteria for the grant of Subclass 485 (Temporary Graduate) visa in the Replacement stream:

1. (a) the applicant must make the application before 1 January 2027;
2. (b) the applicant must hold or have held a Subclass 485 (Temporary Graduate)
   visa (the first visa) that:
3. (i) was granted on the basis of satisfying the primary criteria for the first
   visa; and
4. (ii) was granted before 15 December 2021; and
5. (iii) was in effect on or after 1 February 2020;
6. (c) if the applicant was outside Australia when the first visa was granted:
7. (i) the applicant must have entered Australia on a day on which the first visa was in effect, and that occurred before 15 December 2021; and
8. (ii) the applicant must have later departed Australia on a day on which the first visa was in effect, and that occurred before 15 December 2021;
9. (d) if the applicant was in Australia when the first visa was granted—the applicant must have been outside Australia on a day on which the first visa was in effect, and that occurred between 1 February 2020 and 14 December 2021;
10. (e) if any of the following visas held by the applicant have been cancelled:
11. (i) a Subclass 485 (Temporary Graduate) visa;
12. (ii) a visa granted after the applicant held a Subclass 485 (Temporary Graduate) visa;
    then, either of the following must apply to each cancelled visa:
13. (iii) the cancelled visa must have been cancelled on the ground specified
    in paragraph 2.43(1)(g);
14. (iv) the decision to cancel the cancelled visa must have been set aside by the Tribunal.
    More information can be found on the Department of Home Affairs website.

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