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Your Path from Student Visa to Permanent Residency in Australia

At the end of 2021, the Australian government announced a new immigration policy for Hongkongers. Under this new policy, Hong Kong or British National Overseas passport holders can apply Hong Kong Stream - Permanent Residency (PR).After completing the studies in Australia on Student Visa (Subclass 500), one of the most common pathways to PR is through the Temporary Graduate visa (Subclass 485). It is a temporary visa that allows international students to live, study and work after they have hold an eligible and meet the Australian study requirement. Students are also allowed to include their family members in this visa application.

485 visa is beneficial for the Hong Kong or British National Overseas passport holders. Applicant with this passport allows to stay in Australia for 5 years and will be eligible to apply Hong Kong Stream when they have lived in Australia for a specified period immediately before the date of the PR application.

1. Live in a designated regional area1 for a continuous period of at least 3 years:

Hong Kong Stream - Permanent Residence (Skilled Regional) visa (subclass 191)

2. Live in Australia for a continuous period of at least 4 years:

Hong Kong Stream - Skilled Independent Visa (subclass 189)

Student Visa and 485 Visa New Rules in 2024

The Australian government announced changes to the Temporary Graduate Visa this year:

First, it re-aligns the Temporary Graduate visa streams to levels of study.

• The Graduate Work stream has been rebranded as the Post-Vocational Education Work stream.

• The Post-Study Work stream has been rebranded as the Post-Higher Education Work stream. The requirement of “Have not applied for the first Australian student visa before 5 November 2011” no longer applies

Second, it reduced the maximum eligible age for all Temporary Graduate Visa stream.  Applicants need to be aged 35 years or under when they apply. However, for those using a Masters (research) or Doctoral Degree (PhD) to meet the Australian study requirement, or Hong Kong or BNO passport holders are still eligible to apply this visa under 50 years old.

Third, the English language requirement has been adjusted upwards. Taking IELTS as example, it requests overall score of at least 6.5 (with no band less than 5.5), but the requirements for Hong Kong or BNO passport holders remain the same - overall score of at least 6 (with no band less than 5).

Holding an eligible Student Visa is one of the important criteria to apply for a 485 visa. However, since 2023, the Australian Government began to tighten the student visa requirements, including increasing the English language requirement and financial requirement (12-month living costs for students: AUD29,710). The visa fee for first-time student visa also increased from AUD710 to AUD1,600. Although the new policy of student visa and 485 visa have updated to reduce overseas immigration, there is no significant impact on Hong Kong or BNO passport applicant temporarily.

Eligibility Criteria

Temporary Graduate visa (Subclass 485) must apply onshore in Australia. To apply for this visa a Hong Kong or BNO passport holder must:

• Be aged 50 years or under when you apply

• Stay inside Australia and hold an eligible Student visa

• Meet the Australian study requirement2

1. Post-Vocational Education Work stream: have been awarded an associate degree, diploma or trade qualification (must be closely related to your nominated occupation on the Medium and Long-term Strategic Skills List) in the 6 months immediately before applying and meet the 2 academic year component

2. Post-Higher Education Work stream: have been awarded an eligible qualification (degree-level or above) in the 6 months immediately before applying and meet the 2 academic year component

• Have applied for a skills assessment in nominated occupation on the skilled occupation list (for Post-Vocational Education Work stream)

• Provide adequate Overseas Visitors Health Cover (OVHC)

• Complete Australian Federal Police check

• Meet the required level of English with your application

All applicants need to arrange a health examination after the visa is submitted. The visa will start processing when the health assessment is successfully approved. Currently, 90% are processed in 8 months, but the actual processing times can vary. Applicant can refer to the latest estimated timeframe on Visa Processing Times Guide.

Conclusion

Transiting from an Australian Student Visa to Permanent Residency is a journey filled with opportunities and challenges. The Temporary Graduate Visa (Subclass 485) can only be held once in a lifetime, so applicants need to choose and identify the right visa pathway to realize their dream of becoming a permanent resident in Australia.

As visa requirements do change from time to time, please visit the Australian Department of Home Affairs’ website for its latest information or seek advice from a registered migration consultant for personalized assistance.

Contributor