28/06/2022
New SC 485 Replacement stream.
Migration Amendment (Subclass 485 (Temporary Graduate) Visa Replacement Stream and Other Measures) Regulations 2022 - F2022L00845 introduces a new stream of SC 485 visa for those SC 485 visa holders impacted by the COVID restrictions, consequential amendments for regional residence eligibility and other minor changes are made.
New Replacement stream
This SC 485 stream allows holders of these visas to obtain another SC 485 visa of the same duration as their original visa, if they were unable to stay in Australia for the full period of their previous visa due to the COVID restrictions in force from 1 February 2020 to 14 December 2021.
Current and former SC 485 may apply if they:
were outside Australia when the original SC 485 visa was granted and entered Australia on the original visa before 15 December 2021, departed Australia after this entry but before 15 December 2021 while holding the original visa,
or
were in Australia when the original SC 485 visa was granted and were outside Australia at any time between 1 February 2020 and 14 December 2021 while holding the original visa.
Secondary visa holders who were granted SC 485 visas on the basis of being the member of the family unit of the primary visa holder, will also be eligible for the Replacement stream if the primary visa holder is eligible.
A cut-off date of 1 January 2027 will be imposed on applications for the Replacement stream.
The Replacement stream will not be open to applications for persons who were already on their second Subclass 485 visa in the Post-Study Work stream during the period of international travel restrictions.
The Replacement stream will not be open to applications by persons who have had a Subclass 485 visa, or a visa granted after the applicant held a Subclass 485 visa, cancelled, except those who requested in writing that the Minister cancel their visa, or whose visa cancellation decision was set aside by the Tribunal.
Second Post Study and replacement stream visas
Holders of SC 485 Post Study stream visas who were required to live in regional areas for the grant of a second SC 485 and were disrupted by the COVID arrangements, may now meet this requirement if they have studied on a student visa and lived on their Replacement stream SC 485 visa in a regional area.
This Instrument applies to applications for SC 485 visas made on or after 1 July 2022.
This Instrument commences on 1 July 2022.
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