Now that the new rule prohibiting secondary applicants on Australian student visas has taken effect, many people are asking another question: will the Subclass 485 Graduate visa also be affected? When would this happen, and can you still include your partner?
What is clear at present is that the Government and the Department of Home Affairs are progressing the relevant legislation. As the policy could take effect shortly after it is announced, applicants who already meet the Subclass 485 requirements and plan to add their partner as a secondary applicant may have limited time to prepare and lodge their applications.
Rather than waiting to see whether the policy will change, the more practical questions are: can you still apply now, and if so, how should you proceed?
When will restrictions on Subclass 485 secondary applicants begin?
Based on Julian Hill’s remarks at the MIA annual conference, applicants who already included their partner as a secondary applicant at the student visa stage, or on their first Subclass 485 visa, are relatively less likely to be affected when applying for a second Subclass 485 visa.
However, the specific policy details still depend on the formal legislation and further announcements from the Department of Home Affairs.
If you already meet the lodgement requirements for either a first or second Subclass 485 visa and are eligible to include your partner as a secondary applicant, we recommend avoiding unnecessary delays.
Applicants who have completed their studies in a regional area, hold a first Subclass 485 visa and meet the requirements for a second visa can also consider applying for their second visa early.
In principle, you do not need to wait until your first Subclass 485 visa is close to expiry before applying for a second. Eligible applicants can apply for a second visa after their first is granted, and applying early will not reduce their visa period. Applicants who have lived and worked continuously in an eligible regional area since graduation should be particularly proactive in checking their eligibility.
What if your partner does not yet meet the requirements to be a Subclass 485 secondary applicant?
Relationship evidence for a Subclass 485 secondary applicant must meet the relevant requirements.
You generally need to demonstrate that you are married or meet the requirements for a de facto relationship, including the relevant period of cohabitation and relationship evidence.
If you are already married, you can prepare your marriage certificate and other relationship documents. If you are in a de facto relationship, focus on evidence that demonstrates your continuing relationship and shared life.
If you do not yet have relationship documents that meet the requirements, but want to lodge promptly because you are concerned about future policy changes, in some circumstances you can consider lodging first and providing further documents later.
However, this approach carries clear risks and needs to be assessed against your individual circumstances.
Can you lodge a Subclass 485 application before meeting the 12-month cohabitation requirement?
If you do not yet meet the relevant de facto relationship requirements, you could theoretically consider lodging an application first while applying for the relevant cohabitation certificate as soon as possible.
It is important to distinguish between a cohabitation certificate and a marriage certificate.
Where the relevant legal requirements are met, it may be possible to provide a cohabitation certificate later. However, secondary applicant eligibility cannot simply be resolved by lodging first and marrying afterwards.
If you still have some time to go before meeting the relationship requirements, you therefore need to work out your timetable in advance.
Subclass 485 processing is currently relatively fast overall. If the Department of Home Affairs assesses your application quickly and you had not met the 12-month de facto relationship requirement when you lodged it, the Department may request further documents and set a deadline.
If you cannot provide documents demonstrating secondary applicant eligibility within that deadline, you may face a visa refusal.
Lodging first and supplying documents later is therefore not a risk-free standard approach. It is more suited to applicants who have no other options and are also concerned about subsequent policy changes.
Even if you can ultimately provide a cohabitation certificate later, you should not assume that one certificate is enough. You need supporting evidence covering your living arrangements, any lengthy periods living apart, finances, domestic life and social relationships to build a complete picture of your relationship.
What relationship documents should you prepare for a Subclass 485 secondary applicant?
If you plan to include your partner in a Subclass 485 application, we recommend organising relationship evidence early rather than waiting until after lodgement.
Relationship evidence needs to demonstrate that your relationship is genuine and continuing across several aspects, including cohabitation, finances, domestic life, and your social networks and friendships.
If you are in a de facto relationship, pay particular attention to whether you have lived together for the required period and whether your supporting evidence covers that entire period.
Applicants who still have some time to go before meeting the 12-month cohabitation requirement should plan their timetable early and consider whether to adjust their lodgement strategy based on when they intend to apply for a Subclass 485 visa.
Do you need to leave Australia to apply for another student visa after changing education providers?
Alongside Subclass 485 secondary applicants, another issue that has recently caused considerable confusion is whether student visa holders who have changed education providers can lodge another student visa application while remaining in Australia.
Under the current legislative requirements, if your current education provider differs from the provider through which you originally obtained your student visa, you generally need to leave Australia to lodge a new student visa application.
Even if your new course will be completed within the next 12 months, a short time remaining on the course alone does not make you eligible to renew your visa onshore.
Scenario one: moving to another education provider
For example, Xiaoxing initially obtained a Subclass 500 Student visa through a bachelor’s degree in accounting at Provider A and entered Australia.
After a year of study, he decided accounting did not suit his migration plans and transferred to Provider B to study physiotherapy.
Later, Xiaoxing realised his student visa was about to expire, but he had only six months left on his physiotherapy course.
In this situation, even with only six months left on the course, he would generally need to leave Australia to lodge a new student visa application because his current provider differs from the one linked to his original student visa.
Scenario two: changing courses at the same education provider
If Xiaoxing originally obtained a student visa through a bachelor’s degree in accounting at Provider A, then decided he did not like accounting and switched to marketing at the same provider:
If the new course can be completed within the next 12 months, he can meet the relevant conditions for lodging a new student visa application onshore.
Scenario three: staying at the same provider, but taking more than 12 months to complete the new course
If Xiaoxing stays at Provider A but switches from accounting to IT, and the new course still takes another year and a half to complete, he cannot meet the requirement to finish within the next 12 months, even though he has not changed providers.
In this situation, he also needs to consider lodging a new student visa application offshore.
Whether you can renew a student visa onshore therefore depends on more than whether you changed your field of study. You need to consider both whether your provider has changed and whether the new course can be completed within the next 12 months.
After lodging a student visa application offshore, can you return to Australia to wait for the grant?
Under the new rules, applicants who need to lodge a student visa application offshore generally also need to wait offshore for the new student visa to be granted.
After lodging a new student visa application offshore, applicants whose existing student visa remains valid may theoretically still have a visa basis for returning to Australia. However, this approach carries clear risks.
The policy direction of the relevant legislation indicates that the Government wants to prevent student visas from being used to continually extend stays onshore. Returning to Australia to await a new visa decision when you are required to wait offshore may therefore attract further attention from the Department of Home Affairs.
If you are required to lodge a student visa application offshore, the more cautious approach is therefore to follow the new visa arrangements and wait offshore for a decision before returning to Australia.
Likewise, holders of WHVs, Subclass 407 visas, Subclass 482 visas and other visas who will need to leave Australia to apply for a new student visa under the relevant rules should plan ahead. Do not assume that an unexpired existing visa means you can return to Australia to wait for the new one.
Can you still include a secondary applicant on a Subclass 485 visa?
The priority is to check whether you meet the requirements and can lodge now, rather than speculate about future policy.
If you already meet the requirements for a first or second Subclass 485 visa and are eligible to include your partner, we recommend preparing your relationship evidence and visa documents as early as possible.
If your partner does not yet meet the Subclass 485 secondary applicant requirements, you need to assess how your cohabitation period, marital status, existing visa validity and potential future policy changes fit together in your timetable.
De facto applicants in particular should not assume that a cohabitation certificate alone satisfies the requirements. Start gathering evidence of cohabitation, finances, domestic life and social relationships early.
Policy for Subclass 485 secondary applicants is still being adjusted. The final implementation date will depend on the Government’s formally announced legislation and the Department of Home Affairs’ arrangements. However, if you already meet the current requirements and can lodge now, there is no need to take on extra uncertainty by waiting for future policy.
