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Your Path from Student Visa to Permanent Residency in Australia

In late 2021, the Australian government introduced a new immigration policy specifically for Hong Kong and British National Overseas (BNO) passport holders. Under this policy, eligible applicants can pursue Permanent Residency (PR) through the “Hong Kong Stream”.

One of the most popular pathways for students transitioning from a “Student Visa (Subclass 500)” to PR is the “Temporary Graduate Visa (Subclass 485)”. This visa allows international students to live, study, and work in Australia after fulfilling the Australian study require-ments. Importantly, applicants can also include their family members in the application.

The Subclass 485 visa is particularly beneficial for Hong Kong and BNO passport holders, as it provides a 5-year stay period in Australia, making them eligible to apply for PR under the Hong Kong Stream once they meet specific residency criteria. The two main pathways under the Hong Kong Stream are:

• Permanent Residence (Skilled Regional) Visa (Subclass 191): Requires living in a Des-ignated Regional Area  for at least 3 continuous years.

• Skilled Independent Visa (Subclass 189): Requires living in Australia for at least 4 continuous years.

Changes to the Student Visa and 485 Visa in 2024

In 2024, the Australian government introduced key updates to the “Temporary Graduate Visa”.

First, it re-aligns the Temporary Graduate Visa names with the type and level of study:

• The Graduate Work stream is now called the Post-Vocational Education Work stream; and

• The Post-Study Work stream is now called the Post-Higher Education Work stream. Additionally, the previous requirement of not having “applied for [a] first Australian student visa on or before 5 November 2011” no longer applies.

Second, it reduced the maximum eligible age for all Temporary Graduate Visa streams.  Applicants now 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 those who are Hong Kong or BNO passport holders, they are still eligible to apply for this visa if they are under 50 years old.

Third, the English language requirement has been upwardly adjusted. The IELTS threshold for instance, now requires an overall score of at least 6.5 with no band less than 5.5. Nonetheless, the language requirement for Hong Kong or BNO passport holders remain the same – at an overall score of at least 6 with no band less than 5.

Holding an eligible Student Visa is one of the important criteria to meet under a 485 visa. However, since 2023, the Australian Government began tightening the student visa criteria, including increasing the English language and financial requirements. A 12-month living costs for students is now AUD29,710, and the visa fee for first-time student visa applications increased from AUD710 to AUD1,600. Despite the new policies affecting student and 485 visas and targeting the reduction of overseas immigration, there is still no significant impact on Hong Kong or BNO passport applicants for the time being.

Temporary Graduate Visa Eligibility Criteria

The Subclass 485 visa must be applied for while onshore in Australia. To be eligible, Hong Kong and BNO passport holders must meet the following requirements:

• Be aged 50 or under at the time of application

• Hold an eligible Student Visa and remain in Australia during the application process

• Meet the Australian study requirement :

o Post-Vocational Education Work stream: have been awarded an associate degree, diploma or trade qualification registered on CRICOS (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

o Post-Higher Education Work stream: have been awarded an eligible qualification registered on CRICOS (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 your 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 English standard under your visa category

Applicants must also undergo a health examination after submitting their visa application. Processing begins once the health assessment is completed, with 90% of applications processed within 8 months. However, actual processing times may vary, so applicants should refer to the Visa Processing Times Guide for the latest estimates.

Conclusion

Transiting from an Australian Student Visa to Permanent Residency involves navigating a series of challenges, but it opens meaningful opportunities. Since the Temporary Graduate Visa (Subclass 485) can only be held once, it is crucial to choose the correct pathway right from the beginning and avoid missing out on realizing the 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.

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