Otherwise, what are the consequences?
If you fail to hold a student visa while studying overseas, this may lead to the followingserious consequences:
a) Whether it’s a period in the middle of the course or the final semester without a student visa, this will result inthat period of study being excluded from the Australian two-year study count, causing your Australian studyto fall short of 16 months,and therefore fail to meet the(Australian Study Requirement),leading to your Subclass 485 visa application being refused.
b) If it’sthe final semester of the course that lacks a visa, then because thefinal semester is excluded from the Australian study count, it follows that:
i. The earlierperiod when you did hold a visa,didn’t actually see the course completed, so it may directly fail to meet the Australian Study Requirement (the ASR requires the course to be completed before that study period can be used to calculate the ASR),resulting in the 485 being refused;
ii. Even if the case officer is lenient and doesn’t refuse on the basis of (i),the applicant must also, within6 months of the previous student visa,lodge the Subclass 485 visa application.This is because if there’s no visa for the final semester, that period will be excluded when calculating the ASR. And the Subclass 485 visa requires that the study used to satisfy the ASR fall within the 6 months prior to lodging the application.
c) For the same reason, failing to meet the Australian two-year study requirement(Australian Study Requirement)may also affect the 5 points awarded under skilled migration.
What you need to do now
If you’re currently a student studying online from overseas, please check immediately whether you currently hold a valid student visa.
If you don’t,,please renew it promptly, and as early as possible,rather than waiting until the last moment before your visa expires!
If you’re a new student, or a prospective new student,,and youplan to apply for a Subclass 485 work visa or for migration,don’t forget that even if you’re stuck overseas and temporarily unable to enter Australia to attend classes,you must still apply for a student visa!
Some students have asked: what should I do if I really haven’t held a student visa for a while now?
Our advice is:Students who didn’t apply for their student visa in time should apply as soon as possible. After graduating, you should still go ahead and apply for the 485.During the pandemic, the Department of Home Affairs wasrelatively lenient in processing all types of visa applications, and we believe that even if there are some periods of study without a visa,the Department is unlikely to scrutinise it too closely.
Extra reminder: the Subclass 485 visa must be applied for within six months of graduating
Please remember that the 485 must be applied for within six months of graduating (based on the date on your completion letter), not 12 months.
Previously, a small number of students were able to apply within 12 months,under migration law,but only those who were unable to apply for the 485 because they were living overseas for some or all of the period from 1 February 2020 to 19 September 2020were eligible to apply for the 485 within 12 months of graduating. For details, please see:The Subclass 485 visa must be applied for within six months of graduating (not 12 months).
If you need further consultation on related questions
or need to handle a related visa application
please, based on the region where your school is located,
contact the relevant local customer service team below!
Sydney
Melbourne
Canberra
Brisbane
Adelaide
Hobart
Beijing
Guangzhou
End of article~
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