(ii) has turned 23 and is under paragraph 1.05A(1)(b) dependent on the primary applicant or on the spouse or de facto partner of the primary applicant; or
(c) is a dependent child of a person who meets the conditions in paragraph (b).
482.313
Either:
(a) the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
(b) both of the following apply:
(i) the applicant has engaged in such conduct in that period;
(ii) the Minister considers that it is reasonable to disregard the conduct.
482.314
The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
482.315
Either:
(a) the applicant is listed on the nomination identified in the primary applicant’s application; or
(b) the approved work sponsor or former approved work sponsor who has the most recent approved nomination under section 140GB of the Act of an occupation in relation to the primary applicant for the visa mentioned in subclause 482.312(1) has agreed in writing that the applicant may be a secondary sponsored person in relation to the approved work sponsor or former approved work sponsor.
482.316
Either:
(a) there is no adverse information known to Immigration about the person who made the nomination identified in the primary applicant’s application or a person associated with that person; or
(b) it is reasonable to disregard any adverse information known to Immigration about the person who made the nomination identified in the primary applicant’s application or a person associated with that person.
482.317
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4010, 4013, 4014, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant had not turned 18 at the time of application, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
482.318
The applicant satisfies special return criteria 5001, 5002 and 5010.
482.4—Circumstances applicable to grant
482.411
The applicant may be in or outside Australia at the time of grant, but not in immigration clearance.
(a) to travel to, and enter, Australia on multiple occasions; and
(b) to remain in Australia;
during the period that:
(c) starts when the visa comes into effect; and
(d) ends in accordance with the following table.
End of visa period
Item Column 1If … Column 2the period ends at …
1 (a) the holder satisfied the primary criteria for the grant of the visa; and(b) item 2 does not apply; the end of the period of stay proposed in the nomination identified in the application for the visa, starting on the date of grant of the visa.
2 the holder:(a) satisfied the primary criteria for the grant of the visa; and(b) on the date of grant of the visa, holds:(i) a Hong Kong passport in a class specified under subclause (2) of this clause; or(ii) a British National (Overseas) passport; the end of the period of 5 years starting on the date of grant of the visa.
3 (a) the holder satisfied the secondary criteria for the grant of the visa (the secondary visa) as a member of the family unit of a person (the primary applicant) who satisfied the primary criteria for the grant of one of the following visas (the primary visa):(i) a Subclass 457 (Temporary Work (Skilled)) visa;(ii) a Subclass 482 (Skills in Demand) visa; and(b) items 4 and 5 do not apply; the end of the period the primary applicant is permitted to remain in Australia under the primary visa.
4 (a) the holder (the secondary applicant) satisfied the secondary criteria for the grant of the visa (the secondary visa) as a member of the family unit, in the circumstances described in subparagraph 1.12(2)(b)(ii) or subregulation 1.12(5), of a person (the primary applicant) who satisfied the primary criteria for the grant of one of the following visas (the primary visa):(i) a Subclass 457 (Temporary Work (Skilled)) visa;(ia) a Subclass 482 (Skills in Demand) visa;(ii) a Subclass 482 (Temporary Skill Shortage) visa; and(b) the secondary applicant is not dependent on the primary applicant or the spouse or de facto partner of the primary applicant in the circumstances described in paragraph 1.05A(1)(b); and(c) item 5 of this table does not apply; the earlier of:(a) the end of the period the primary applicant is permitted to remain in Australia under the primary visa; and(b) the end of the day before the secondary applicant’s 23rd birthday.
5 (a) the holder (the secondary applicant) satisfied the secondary criteria for the grant of the visa (the secondary visa) as a member of the family unit of a person (the primary applicant) who satisfied the primary criteria for the grant of one of the following visas (the primary visa):(i) a Subclass 457 (Temporary Work (Skilled)) visa;(ia) a Subclass 482 (Skills in Demand) visa;(ii) a Subclass 482 (Temporary Skill Shortage) visa; and(b) on the date of grant of the primary visa, the primary applicant holds:(i) a Hong Kong passport; or(ii) a British National (Overseas) passport; and(c) if:(i) the primary visa is a Subclass 482 (Temporary Skill Shortage) visa granted on or after 9 July 2020 or a Subclass 482 (Skills in Demand) visa granted on or after 7 December 2024; and(ii) on the date of grant of the primary visa, the primary applicant holds a Hong Kong passport and does not hold a British National (Overseas) passport; the Hong Kong passport is, on the date of grant of the primary visa, in a class specified under subclause (2) of this clause; the end of the period the primary applicant is permitted to remain in Australia under the primary visa.
(2) The Minister may, by legislative instrument, specify a class of Hong Kong passports for the purposes of items 2 and 5 of the table in subclause (1).
482.6—Conditions
482.611
If the applicant satisfies the primary criteria for the grant of the visa, condition 8607 must be imposed.
482.612
Condition 8501 must be imposed.
482.613
Condition 8303 may be imposed.
Subclass 485—Temporary Graduate
485.1—Interpretation
485.111
In this Part:
associate degree means an associate degree, under the Australian Qualifications Framework, that is awarded by a body authorised to award associate degrees.
completed, in relation to an associate degree, degree, diploma or trade qualification, means having met the academic requirements for its award.
Note: The academic requirements for the award of an associate degree, degree, diploma or trade qualification do not include the formal conferral of the associate degree, degree, diploma or trade qualification. Therefore, a person can complete an associate degree, degree, diploma or trade qualification, for the purposes of this definition, before the award is formally conferred.
degree means a formal educational qualification, under the Australian Qualifications Framework, awarded by an Australian educational institution as a bachelor degree, a masters degree, a doctoral degree or a graduate diploma for which:
(a) the entry level to the course leading to the qualification is satisfactory completion of:
(i) in the case of a bachelor degree—year 12 in the Australian school system or of equivalent schooling; and
(ii) in the case of a masters degree—a bachelor degree awarded at an Australian educational institution or of an equivalent award; and
(iii) in the case of a doctoral degree—a bachelor degree awarded with honours, or a masters degree, at an Australian educational institution or of an equivalent award; and
(iv) in the case of a graduate diploma—a degree (the preceding degree for the graduate diploma) to which subparagraph (i), (ii) or (iii) applies; and
(b) in the case of a graduate diploma—the course leading to the qualification:
(i) is a related course of study to the course leading to the award of the preceding degree for the graduate diploma; and
(ii) is commenced within the same, or the next, academic year as the academic year in which the preceding degree for the graduate diploma was completed.
diploma has the same meaning as in subregulation 2.26AC(6).
trade qualification has the same meaning as in subregulation 2.26AC(6).
Note 3: For registered course, relevant assessing authority and skilled occupation, see regulation 1.03.
485.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 485 visa include criteria set out in streams.
If an applicant applies for a Subclass 485 visa in the Post‑Vocational Education Work stream, the criteria in Subdivisions 485.21 and 485.22 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 485 visa in the Post‑Higher Education Work stream, the criteria in Subdivisions 485.21 and 485.23 are the primary criteria.
If an applicant applies for a Subclass 485 visa in the Replacement stream, the criteria in Subdivision 485.21 are the primary criteria. There are no additional primary criteria for the Replacement stream.
The primary criteria must be satisfied by at least one member of a family unit.
The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application, unless otherwise stated.
485.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for the grant of a Subclass 485 visa.
485.211
The applicant:
(a) has not previously held a Subclass 476 (Skilled — Recognised Graduate) visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa; and
(b) has not previously held a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream or the Post‑Vocational Education Work stream on the basis of satisfying the primary criteria for the grant of that visa; and
(c) has not previously held a Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream or the Post‑Higher Education Work stream on the basis of satisfying the primary criteria for the grant of that visa, unless the applicant:
(i) has nominated the Post‑Higher Education Work stream in the application; and
(ii) meets the requirements of clause 485.232, 485.233, 485.234 or 485.235; and
(d) has not previously held the following:
(i) 3 Subclass 485 (Temporary Graduate) visas in the Post‑Study Work stream;
(ii) 2 Subclass 485 (Temporary Graduate) visas in the Post‑Higher Education Work stream.
485.212
(1) The application was accompanied by evidence that:
(a) the applicant:
(i) has undertaken a language test specified by the Minister in a legislative instrument made for this paragraph; and
(ii) has achieved, within the period specified by the Minister in the instrument, the score specified by the Minister in the instrument in accordance with the requirements (if any) specified by the Minister in the instrument; or
(b) the applicant holds a passport of a type specified by the Minister in a legislative instrument made for this paragraph.
(2) Subclause (1) does not apply to an applicant:
(b) who meets the requirements of clause 485.232, 485.233, 485.234 or 485.235; or
(c) who nominated the Replacement stream in the application.
485.213
(1) When the application was made, it was accompanied by evidence that:
(a) the applicant; and
(b) each person included in the application who is at least 16;
had applied for an Australian Federal Police check during the 12 months immediately before the day the application is made.
(2) Subclause (1) does not apply to an applicant who meets the requirements of clause 485.232, 485.233, 485.234 or 485.235.
485.215
(1) When the application was made, it was accompanied by evidence that the applicant had adequate arrangements for health insurance.
(2) The applicant has had adequate arrangements for health insurance since the time the application was made.
485.216
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) Each member of the family unit of the applicant who is an applicant for a Subclass 485 visa satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4010 and 4020.
(4) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 485 visa; and
(b) had turned 18 at the time of application;
satisfies public interest criteria 4019.
(5) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 485 visa; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
satisfies public interest criteria 4015 and 4016.
485.217
(1) The applicant satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 485 visa; and
(b) has previously been in Australia;
satisfies special return criteria 5001, 5002 and 5010.
485.218
Grant of the visa would not result in either:
(a) the number of Subclass 485 visas granted in a financial year exceeding the maximum number of Subclass 485 visas specified by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Subclass 485) granted in a financial year exceeding the maximum number of visas of those classes, specified by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year.
485.22—Criteria for Post‑Vocational Education Work stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 485 visa in the Post‑Vocational Education Work stream.
485.221
The applicant, in the period of 6 months immediately before the day the application was made, completed one or more associate degrees, diplomas or trade qualifications for award by an Australian educational institution as a result of a course or courses:
(a) that are registered courses; and
(b) that were completed in a total of at least 16 calendar months; and
(c) that were completed as a result of a total of at least 2 academic years study; and
(d) for which all instruction was conducted in English; and
(e) that the applicant undertook while in Australia as the holder of a visa authorising the applicant to study.
485.222
Each associate degree, diploma or trade qualification used to satisfy clause 485.221 is closely related to the applicant’s nominated skilled occupation.
485.223
When the application was made, it was accompanied by evidence that the applicant had applied for an assessment of the applicant’s skills for the nominated skilled occupation by a relevant assessing authority for that occupation.
485.224
(1) The skills of the applicant for the applicant’s nominated skilled occupation have been assessed, during the last 3 years, by a relevant assessing authority for the occupation as suitable for that occupation.
(1A) If the assessment is expressed to be valid for a particular period, that period has not ended.
(2) If the applicant’s skills were assessed on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.
485.23—Criteria for Post‑Higher Education Work stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for the grant of a Subclass 485 visa in the Post‑Higher Education Work stream.
485.231
(1A) This clause does not apply to an applicant who meets the requirements of clause 485.232, 485.233, 485.234 or 485.235.
(1B) The applicant, in the period of 6 months immediately before the day the application was made, completed one or more degrees for award by Australian educational institutions as a result of a course or courses:
(a) that are registered courses; and
(b) that were completed in a total of at least 16 calendar months; and
(c) that were completed as a result of a total of at least 2 academic years study; and
(d) for which all instruction was conducted in English; and
(e) that the applicant undertook while in Australia as the holder of a visa authorising the applicant to study.
Note: For the definition of degree, see clause 485.111.
(1) Each degree mentioned in subclause (1B) is held by the applicant, and is a degree of a kind specified by the Minister in an instrument in writing for this subclause.
(2) Each degree mentioned in subclause (1B) was conferred or awarded by an educational institution specified by the Minister in an instrument in writing for this subclause.
485.232
(1) This clause applies to an applicant for a visa (the second visa):
(a) who held a Subclass 485 (Temporary Graduate) visa (the first visa) in the Post‑Study Work stream or the Post‑Higher Education Work stream when the application for the second visa was made; and
(b) who was granted the first visa on the basis of study undertaken in a regional centre or other regional area at an educational institution located in the regional centre or other regional area; and
(c) who declared in the application for the second visa that the applicant, and any member (the family member) of the applicant’s family unit who made a combined application with the applicant, intend:
(i) to live only in a regional centre or other regional area; and
(ii) if the applicant or the family member also intends to work or study—to work or study only in a regional centre or other regional area.