Migration Amendment (Graduate Visas) Regulations 2024
I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.
David Hurley
Governor‑General
By His Excellency’s Command
Clare O’Neil
Minister for Home Affairs
Contents
1 Name..............................................1
2 Commencement........................................1
3 Authority............................................1
4 Schedules............................................1
Schedule 1—Amendments 2
Part 1—Change of names of certain visa streams and streamlining of visa grant pathways 2
Migration Regulations 1994 2
Part 2—Restrictions on access to visa streams based on qualifications 5
Migration Regulations 1994 5
Part 3—Repeal of pathway to apply for Subclass 485 visa free of charge 7
Migration Regulations 1994 7
Part 4—Other amendments 8
Migration Regulations 1994 8
Part 5—Application and transitional provisions 9
Migration Regulations 1994 9
This instrument is the Migration Amendment (Graduate Visas) Regulations 2024.
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | 1 July 2024. | 1 July 2024 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under the Migration Act 1958.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Part 1—Change of names of certain visa streams and streamlining of visa grant pathways
1 Subparagraph 1229(3)(f)(ii) of Schedule 1
Repeal the subparagraph.
2 Paragraph 1229(3)(k) of Schedule 1
Omit “Graduate Work stream”, substitute “Post‑Vocational Education Work stream”.
3 Paragraph 1229(3)(la) of Schedule 1
Omit “Post‑Study Work stream” (first occurring), substitute “Post‑Higher Education Work stream”.
4 Subparagraph 1229(3)(la)(i) of Schedule 1
After “Post‑Study Work stream”, insert “or the Post‑Higher Education Work stream”.
5 Subparagraph 1229(4)(a)(v) of Schedule 1
After “Post‑Study Work stream” (first occurring), insert “or the Post‑Higher Education Work stream”.
6 Subparagraphs 1229(4)(a)(v) and (vi) of Schedule 1
Omit “subsequent Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream”, substitute “subsequent Subclass 485 (Temporary Graduate) visa in the Post‑Higher Education Work stream”.
7 Subparagraph 1229(4)(aa)(ii) of Schedule 1
Repeal the subparagraph, substitute:
8 Division 485.2 of Schedule 2 (note to Division heading)
Omit “Graduate Work stream”, substitute “Post‑Vocational Education Work stream”.
9 Division 485.2 of Schedule 2 (note to Division heading)
Omit “Post‑Study Work stream”, substitute “Post‑Higher Education Work stream”.
10 Paragraphs 485.211(b) to (d) of Schedule 2
Repeal the paragraphs, substitute:
(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.
11 Subdivision 485.22 of Schedule 2 (heading)
Omit “Graduate Work stream”, substitute “Post‑Vocational Education Work stream”.
12 Subdivision 485.22 of Schedule 2 (note to Subdivision heading)
Omit “Graduate Work stream”, substitute “Post‑Vocational Education Work stream”.
13 Subdivision 485.23 of Schedule 2 (heading)
Omit “Post‑Study Work stream”, substitute “Post‑Higher Education Work stream”.
14 Subdivision 485.23 of Schedule 2 (note to Subdivision heading)
Omit “Post‑Study Work stream”, substitute “Post‑Higher Education Work stream”.
15 Paragraph 485.232(1)(a) of Schedule 2
After “Post‑Study Work stream”, insert “or the Post‑Higher Education Work stream”.
16 Subparagraph 485.232(1)(c)(ii) of Schedule 2
Omit “area; and”, substitute “area.”.
17 Paragraph 485.232(1)(d) of Schedule 2
Repeal the paragraph.
18 Paragraph 485.233(1)(a) of Schedule 2
After “Post‑Study Work stream”, insert “or the Post‑Higher Education Work stream”.
19 Paragraph 485.233(1)(c) of Schedule 2
Omit “clauses 485.232 and 485.237 do”, substitute “clause 485.232 does”.
20 Subparagraph 485.234(1)(c)(ii) of Schedule 2
Omit “area; and”, substitute “area.”.
21 Paragraph 485.234(1)(d) of Schedule 2
Repeal the paragraph.
22 Paragraph 485.235(1)(c) of Schedule 2
Omit “clauses 485.234 and 485.237 do”, substitute “clause 485.234 does”.
23 Clauses 485.236 and 485.237 of Schedule 2
Repeal the clauses.
24 Subclause 485.613(1) of Schedule 2
Omit “Post‑Study Work stream on the basis of meeting the requirements in clause 485.232, 485.233, 485.234, 485.235, 485.236 or 485.237”, substitute “Post‑Higher Education Work stream on the basis of meeting the requirements in clause 485.232, 485.233, 485.234 or 485.235”.
25 Subclause 8610(1) of Schedule 8
Omit “Post‑Study Work stream that was granted on the basis that the holder met the requirements of clause 485.232, 485.234 or 485.236”, substitute “Post‑Higher Education Work stream that was granted on the basis that the holder met the requirements of clause 485.232 or 485.234 of Schedule 2”.
26 Subclause 8610(3) of Schedule 8
Omit “Post‑Study Work stream that was granted on the basis that the holder met the requirements of clause 485.233, 485.235 or 485.237”, substitute “Post‑Higher Education Work stream that was granted on the basis that the holder met the requirements of clause 485.233 or 485.235 of Schedule 2”.
Part 2—Restrictions on access to visa streams based on qualifications
27 Clause 485.111 of Schedule 2
Insert:
completed, in relation to an associate 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, diploma or trade qualification do not include the formal conferral of the associate degree, diploma or trade qualification. Therefore, a person can complete an associate degree, diploma or trade qualification, for the purposes of this definition, before the award is formally conferred.
28 Clauses 485.221 and 485.222 of Schedule 2
Repeal the clauses, substitute:
(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.
29 Subclause 485.231(1) of Schedule 2
Omit “qualification or qualifications”, substitute “degree or degrees”.
30 Subclause 485.231(2) of Schedule 2
Omit “qualification”, substitute “degree”.
31 Subclause 485.231(3) of Schedule 2
Repeal the subclause, substitute:
Part 3—Repeal of pathway to apply for Subclass 485 visa free of charge
32 Subparagraph 1229(2)(a)(ia) of Schedule 1
Repeal the subparagraph.
33 Sub‑subparagraph 1229(2)(a)(i)(A) of Schedule 1
Repeal the sub‑subparagraph, substitute:
34 Subitems 1229(2A) and (2B) of Schedule 1
Repeal the subitems.
35 Paragraph 485.212(2)(a) of Schedule 2
Repeal the paragraph.
36 Subclause 485.212(2) of Schedule 2 (note)
Repeal the note.
37 Subclause 485.213(2) of Schedule 2
Repeal the subclause (including the note), substitute:
38 Subclause 485.231(1A) of Schedule 2
Repeal the subclause (including the note), substitute:
39 Before paragraph 1228(3)(a) of Schedule 1
Insert:
(aa) An application must be made before 1 July 2024.
40 Paragraph 1229(3)(ka) of Schedule 1
Repeal the paragraph.
41 Paragraph 1229(3)(l) of Schedule 1
Repeal the paragraph, substitute:
(l) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa in the Post‑Higher Education Work stream must hold, or have held, a Student Temporary (Class TU) visa.
42 Paragraph 1229(4)(b) of Schedule 1
Repeal the paragraph, substitute:
(i) if the applicant holds a Hong Kong passport or a British National (Overseas) passport, or has completed a masters degree (research) or a doctoral degree—less than 50 years old; or
(ii) otherwise—35 years old or younger.
43 Subitem 1229(11) of Schedule 1
Insert:
completed, in relation to a masters degree (research) or a doctoral degree, means having met the academic requirements for its award.
Note: The academic requirements for the award of a masters degree (research) or a doctoral degree do not include the formal conferral of the degree. Therefore, a person can complete such a degree, for the purposes of this definition, before the award is formally conferred.
44 Paragraph 1229(5)(a) of Schedule 1
Omit “January 2027”, substitute “July 2024”.
45 Subclause 485.223(1) of Schedule 2
Omit “(1)”.
46 Subclauses 485.223(2) and 485.224(3) of Schedule 2
Repeal the subclauses.
Part 5—Application and transitional provisions
47 In the appropriate position in Schedule 13
Insert:
Part 134—Amendments made by the Migration Amendment (Graduate Visas) Regulations 2024
(1) The amendments of Schedule 2 to these Regulations made by Schedule 1 to the Migration Amendment (Graduate Visas) Regulations 2024 (the amending Schedule) apply in relation to an application for a visa made on or after the commencement of the amending Schedule.
(2) The amendments of Schedule 8 to these Regulations made by the amending Schedule apply in relation to a visa granted on or after that commencement if the application for the visa was made on or after that commencement.