485 visas: Nominating occupations and skill assessments not required for Graduate stream from 1 July 2022

Upcoming amendments to the Migration Regulations 1994 (Cth) were registered late last week to make it easier for international graduates to apply for a subclass 485 – Temporary Graduate visa under the Graduate steam, removing the need to nominate an occupation and therefore also the need for a skill assessment.

Temporary Graduate visas are for international students who hold or recently held a student visa and have finished their course of study in Australia. There are two streams to 485 visas: the Graduate Work stream and the Post-Study Work stream. Both streams require the student to have completed the Australian study requirement.

The Post-Study Work stream are for those who holds a certain degree qualification or qualifications, which were awarded by either an Australian university or non-university education provider registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).

The Graduate Work stream is not restricted to degree qualifications and therefore is most utilised by those studying vocational and especially trade qualifications at diploma level and below. There are times, however, where degree qualified international graduates must nominate the Graduate Work stream. This is when they held a student visa before 5 November 2011, when the genuineness criterion for a student visa came into force.

The biggest difference between the two streams is that the Post-Study Work stream does not require the primary visa applicant to nominate an occupation nor require them to obtain a positive skill assessment in that occupation. The occupations available to be nominated under the Graduate Work stream are restricted to the Medium and Long‑term Strategic Skills List of the General Skilled Migration occupation list. As far as vocational occupations go, these are restricted to certain trades.

The amending regulations will, from 1 July 2022, remove the need for those students applying for a 485 visa under the Graduate Work stream to:

• Nominate an occupation,

• Have any degree, diploma or trade qualification that is claimed to satisfy the Australian study requirement to be closely related to the applicant’s nominated skilled occupation,

• Attach evidence of applying for a skill assessment at the time of applying, commonly known as a provisional skill assessment as these are qualification assessments with basic work experience also required in some situations,

• Obtain a suitable skill assessment in their nominated occupation.

This will open the Graduate Work stream to many international students, especially those who studied a qualification unrelated to any specific occupation, such as general management and leadership, and below a degree level.

The catch is that a sunset clause will apply. This beneficial arrangement will cease on 30 June 2023 unless the Minister specifies a date before 1 July 2023 for a day after 1 July 2023 when it will cease.

As the Australian study requirement demands students to have completed their course or courses of study over at least 16 calendar months, among other things, it is likely this arrangement, unless extended well into the future before 1 July 2023 will only assist existing student visa holders.

Furthermore, for those studying trades it makes sense to apply for their provisional skill assessment with Trades Recognition Australia regardless of these arrangements. Without a provisional skill assessment they cannot complete the Job Ready Program, which only requires one year of full-time work experience to obtain a full skill assessment as opposed to needing at least 3 years of full-time work experience otherwise.