Australia immigration has announced to make changes and introduced a new Second (Temporary Graduate) visa (TGV) Post-Study Work (PSW) in the Post-Study Work steam would commence from 20 January 2021.

The objective is to attract more international students to study in regional Australia and remain to live and work following graduation, and to provide greater incentives to study, live and work in less developed areas.

The measure will provide international graduates with expanded opportunities, support registered regional education providers, and give regional employers increased access to skilled graduates to meet their business needs. An increase in the number of international graduates in regional Australia will provide both economic and social benefits to regional communities.

What is Subclass 485 (Temporary Graduate) visa (TGV)?

The Subclass 485 (Temporary Graduate) visa (TGV) is a post-study visa, allowing up to four years stay in Australia.  It provides recent international graduates with the opportunity to spend time in Australia following their studies, gaining practical work experience to build on their Australian qualification.  They can work, study and travel, but they are not required to undertake any specific activity.

The TGV has two streams:

1. Graduate Work stream and
2. Post-Study Work (PSW).

The Amendment do not affect the Graduate Work stream.

It is excluded from the regional concessions introduced by the Amendment because of the different profile of that program. For example, it caters to graduates from vocational training courses that may be less than 18 months in duration and allowing that cohort to extend their stay in Australia for a period longer than the period spent studying is not considered appropriate.

First TGV:

The first TGV is granted for a period specified by the Immigration when the visa is granted. Under policy, the visa validity period on a first TGV in the Post-Study Work Stream depends on the qualification obtained by the applicant in Australia, as follows:

• Bachelor degree (including honours): 2 years
• Masters by Coursework: 2 years
• Masters by Research: 3 years
• Doctoral degree: 4 years

The Amendment provide an incentive for international students to study, live and work in regional Australia, by providing access to a second TGV in the Post-Study Work stream.

Second TGV:

The second visa is available to graduates from regional educational institutions who lived, studied and worked only in a regional area on their first TGV in the Post-Study Work stream, for at least the period of two years immediately before making the application for the second visa.

This requires a continuous period of at least two years in which the applicant did not live, study or work outside the relevant regional areas, as explained below.

Applications for the second TGV in the Post-Study Work stream can be made from 20 January 2021, when the Amendment commence.

From that date, any holder of a first TGV in the Post-Study Work stream can apply for, and be granted, a second visa if they meet the eligibility requirements. Eligibility can arise on the basis of where the applicant lived, studied and worked before and/or after the commencement of the visa.

Second TGV visa condition:

The second TGV is granted with a visa condition that requires the holder to live (and work or study, if relevant) only in regional Australia. Different parts of regional Australia attract different grant periods, and different visa conditions, as explained below.

Duration of grant for a second TGV:

The period of grant for a second TGV will be determined based on where the student studied and where they lived (and worked or studied, if relevant) on their first TGV.

Regional visa concessions divided into three categories:

On 26 October 2019, the Government announced a policy framework for regional visa concessions, under which Australia would be divided into three categories:

1. Category 1 – Major Cities, comprising Sydney, Melbourne and Brisbane;
2. Category 2 – Cities and Major Regional Centres, comprising Perth, Adelaide, the Gold Coast, the Sunshine Coast, Newcastle/Lake Macquarie, Wollongong/Illawarra, Canberra, Geelong and Hobart; and
3. Category 3 – Regional Centres and Other Regional Areas, including all other locations.

The geographical areas would be in two categories to facilitate incentives to study, live and work in these areas, including more generous incentives in relation to category 3.

1. designated city or major regional centre (category 2) and
2. regional centre or other regional area (category 3)

The amendment will have the following effect:

• A designated city or major regional centre means Perth, Adelaide, the Gold Coast, the Sunshine Coast, Newcastle/Lake Macquarie, Wollongong/Illawarra, Canberra, Geelong and Hobart; and
• A regional centre or other regional areameans all other areas of regional Australia

Designated regional area means:

All of the areas in the above two categories. The result is that a designated regional area means any area in Australia that is not in Sydney, Melbourne or Brisbane.

Geographical Distinctions:

The geographical distinctions are used to allow access to a second TGV in the Post-Study Work steam, as follows:

• Second TGV in the Post-Study Work stream valid for two years: available to former international students who studied for their qualification at an educational institution in a regional centre or other regional area, and who, while holding the first TGV in the Post-Study Work stream, lived (and worked or studied, if relevant) only in a regional centre or other regional area for at least two years immediately before applying for the second visa. This requires a continuous period of at least two years in which the applicant did not live, study or work outside a regional centre or other regional area.

•  It is a condition of the second visa that the holder lives (and works or studies, if relevant) only in a regional centre or other regional area. This visa condition also applies to family members of the primary holder who are granted a Subclass 485 visa; and

• Second TGV in the Post-Study Work stream valid for one year: available to former international students, who don’t qualify for the two year visa, and who studied for their qualification at an educational institution in a designated regional area, and who, while holding the first TGV in the Post-Study Work stream, lived (and worked or studied, if relevant) only in a designated regional area for at least two years immediately before applying for the second visa. This requires a continuous period of at least two years in which the applicant did not live, study or work outside a designated regional area.

• It is a condition of the second visa that the holder lives (and works or studies, if relevant) only in a designated regional area. This visa condition also applies to family members of the primary holder who are granted a Subclass 485 visa.

Applications for temporary graduate visas when applicant is outside Australia:

Applications for Subclass 485 visas to be allowed to make from outside Australia during the concession period associated with the COVID-19 pandemic.

For more information regarding the new changes to the Second (Temporary Graduate) visa (TGV) Post-Study Work (PSW) and to know your eligibility, please get in touch with us at info@australasiaeduconnet.com.au or reach our migration team at +61490845515.  

Source: Migration Amendment (Temporary Graduate Visas) Regulations 2020