Many international students are finding that their student visas are taking longer and longer to be granted. This has left many students finishing their course whilst still waiting to have their student visa granted. This raises the question of whether students can apply for a Subclass 485 visa when holding a Bridging Visa. Today we answer that question.
Valid Subclass 485 Graduate Visa Applications
Almost every visa starts with making a valid application. Under the Regulations, you can only apply for your first TR visa as a primary applicant within Australia if one of the following applies:
- You hold an eligible student visa; or
- You hold a Substantive visa, or a Bridging A or Bridging B visa on the basis of a valid application for a visa and you hold an eligible student visa within 6 months of your TR application.
- The AAT had set aside a decision not to revoke cancellation of your previous eligible student visa within 28 days of your TR application.
This second point is the most important to our question, which we have answered below.
Can I Apply for A 485 TR Visa Whilst On A Bridging Visa
In short, you can apply for a Subclass 485 visa provided you hold any of the following:
- A substantive visa
- A Subclass 010 Bridging A Visa
- A Subclass 020 Bridging B Visa
This also means that an unlawful person, or the holder of a Bridging C or E cannot submit a valid application for a Subclass 485 application.
You must also submit your application within six (6) months of the date on which you last held an eligible student visa. Failure to do so will prevent your application from being valid.
You must also ensure that you apply within six (6) months of having satisfied the Australian Study Requirement.
Note that when applying for your TR whilst on a bridging visa, your new bridging visa will be a Bridging C visa, issued without the right to work. This means that unless you apply to be given work rights, you will not be able to work once your existing Bridging A or Bridging B visa ceases.
What If My Application Is Invalid?
If your application is invalid, you will likely be prevented from submitting it at all. If you do submit it, it will be rejected without consideration. No bridging visa will be issued pursuant to an invalid application and no appeal can be made to the AAT against the Department’s refusal to consider it.
Visa Plan Migration Lawyers for 485 visa holders:
If you are a current student visa holder and looking to apply for a 485 Graduate Visa, we strongly recommend you get in touch with our team and discuss your eligibility and further queries you may have. Our expert migration solicitors will take time to understand your goals and circumstances to plan out the ideal migration pathway for you. If you wish to seek professional advice, you may call us on +61 3 9958 5854 or email us to book a time at client@visaplan.au