485 visas extension applications from 1 July 2023; Student visa work increase for all; NZ citizens to have “backdated” PR

The amending regulations to allow applications for further subclass 485 – Temporary Graduate visas was registered alongside amendments to visa conditions for subclass 500 – Student visas.

485 visa extension applications from 1 July 2023

The length of grant for first subclass 485 visas is determined by policy. Over recent years policy has extended the length of stay for both the Graduate stream and Post-Study Work stream, primarily to retain workers in Australia during the COVID pandemic, and now post-pandemic skill shortage.

As announced in February those who study specific qualifications (primarily in healthcare, teaching, engineering, ICT, and agriculture) except for doctoral degrees will be granted a 485 visa for a further two years. This will be automatic for any first 485 visa lodged from 1 July 2023, so they will be granted:

• four years for select bachelor degrees,

• five years for select master degrees, and

• six years for all doctoral degrees.

To not discourage existing 485 visa holders who may have qualified for the additional two years, they can apply for a subsequent 485 visa for free from 1 July 2023 to add the time to their existing visa. They also can be at least 50 years old when applying. This is regardless of whether they hold their first 485 visa in the Post-Study Work stream, a replacement 485 visa, or a 485 visa granted because they lived and studied in a regional area (either in a designated regional area or in a regional centre or other regional area). However, if they apply for a further 485 visa because they lived and studied in a regional area, they must pay a visa application charge with the benefit of a further visa granted for either three or four years depending on where they lived and studied.

Conversely, any new 485 visas granted with the additional two years does not affect the ability to apply for another 485 visa based on living and studying in a regional area.

What is interesting is that any approved qualification does not need to have been the one studied to be granted their original 485 visa, meaning someone may be eligible if they undertook further studies as the holder of a 485 visa. Only Australian qualifications will be considered.

The additional two years can only be granted once and Hong Kong or British National (Overseas) passport holders are ineligible as they are granted visas for five years with a pathway to a permanent visa with a subclass 189 – Skilled – Independent visa under the Hong Kong stream.

Those whose miss out as their visas will or would have expired before 1 July 2023 were advised to apply for a subclass 408 - Temporary Activity under the Australian Government endorsed events stream (COVID-19 Pandemic event) which grants them a visa for 2 years whereas all others are granted a visa for only 12 months.

Student visa work rights from 1 July 2023

As the rollback of student visa work rights on 1 July 2023 looms, the amending regulations to increase work rights for student visa holders from 40 to 48 hours where applicable, was also registered in the same instrument.

This amends both visa condition 8105 and 8104, meaning both primary and secondary student visa holders, such as a partner, can work for up to 48 hours per fortnight from 1 July 2023. This will retroactively apply to all student and bridging visa holders who have this visa condition attached.

There are no changes to other parts of these visa conditions, meaning there is no change to the restrictions that apply to not work before the primary visa holder’s course of study commences, and no change to unrestricted work rights for masters and doctoral students.

Lastly, student visa holders who were working in the aged care sector on 9 May 2023 may continue to work unrestricted hours in the aged care sector until 31 December 2023 despite the amendments. The Department of Home Affairs will simply not take any action for this cohort as it did during the pandemic and until 30 June 2023 for every student visa holder.

New Zealand citizens deemed permanent residents for at least 12 months from 1 July 2023

After the announcement that New Zealand citizens are not required to be granted a permanent visa to apply for Australian citizenship, last month, a determination was made that effectively backdates who is considered a permanent resident for the purposes of applying for Australian citizenship by conferral under the Citizenship Act 2007 (Cth).

If a NZ citizen held a subclass 444 – Special Category visa before 1 July 2022, they are taken to be a permanent resident from 1 July 2022. If their first SCV was granted within 12 months from 1 July 2023, they are taken to be a permanent resident from the date their first SCV was granted. For any SCV granted from 1 July 2023, they are taken to be a permanent resident.

This is regardless of whether they are in Australia or outside Australia, although this will not apply to any NZ citizen removed or deported and whose decision to cancel their visa was not revoked, or any diplomatic or consular representative of New Zealand or their partner or dependent children. Those who were deported are unlikely to meet the higher character threshold for Australian citizenship compare to character requirements to be granted a visa or not have their visa cancelled under the Migration Act 1958 (Cth).

What this does is allow any NZ citizen who meets all other residency requirements, to be able to apply for citizenship from 1 July 2023. One general residency requirement is to be a permanent resident for at least 12 months, another is to have been in Australia lawfully (with very few exceptions) for at least 4 years immediately before applying.