485 visa refusal reasons

The Temporary Graduate Visa 485 offers numerous benefits, allowing recent graduates to work and study in Australia and potentially paving the way to permanent residency. However, many applicants face refusals due to various reasons.

This article outlines the top 10 main reasons for visa refusal and provides guidance on how to avoid these pitfalls.

1. Errors in Visa Stream Choice

We were recently contacted by an applicant whose visa was refused because she selected the post-study work stream instead of the graduate work stream.

After completing a diploma in hospitality, she applied for the post-study work stream – a fatal mistake.

Selecting the appropriate visa stream is crucial. The Temporary Graduate Visa 485 has three streams-

• Post-Study Work Stream- For students who have recently graduated from an Australian institution.
• Graduate Work Stream- For students with specific skills and qualifications.
• Second Post-Study Work Stream- For those who have already had a Post-Study Work Stream visa.

Choosing the incorrect stream can lead to a refusal. Ensure you select the stream that aligns with your qualifications and situation.

2. Failure to Meet English Language Test Requirements

This is a very common mistake. Again, a client contacted us last week who answered ‘No’ to the question asking whether he had undertaken any English test. He selected ‘No’ because he thought his English was perfect!

However, you have to ask yourself how the visa officer would know whether your English is good or not.

An English test is mandatory except for applicants from Canada, the UK, the US, Ireland, and New Zealand, who are exempt from this requirement.

There are recent changes to the English requirements, which are listed below:

• The minimum score required for a TGV from IELTS test score increases from 6.0 to 6.5 (or equivalent), with a minimum score of 5.5 for each component of the test (reading, writing, speaking and listening).
• The test validity window for a TGV decreases from 3 years to 1 year. TGV applicants now need to provide evidence that they have completed an English Language test within 1 year immediately before the date of the visa application.

3. Neglecting Health Insurance Requirements

Applicants must provide evidence of adequate health insurance from the date of the visa application until its outcome.

An Overseas Student Health Cover (OSHC) must be provided from an Australian provider.

4. Failure to Apply for an AFP Check

This is another very common mistake we have been seeing in recent months.

Not only do you have to provide a police check at the time of the application, but it also must be from the AFP with code 33 – Immigration/Citizenship.

We had a case where a client provided a WA Police Clearance Certificate instead of an AFP one, and his visa application was refused.

An Australian Federal Police (AFP) check is mandatory for applicants and their dependents over 16. This check must be applied for within 12 months of the visa application.

Ensure you provide the receipt number and a copy of the lodgement for the AFP check.

5. Incorrect or Missing Document Submission

Submitting all required documents is vital.

These documents include educational credentials, transcripts, passport, and completion letter.

Missing or incorrect documents can result in a refusal. Ensure all documents are accurate and complete.

Ensure you provide-

• Evidence of English Language Ability
• Evidence that you meet the Australian Study Requirement
• A valid Skills Assessment from a Skills Assessing Authority (required for the Graduate Work Stream, but not for the Post-Study Work Stream)

6. Inability to Satisfy Study Requirement Criteria

Applicants must complete a Diploma, Degree, or Trade Qualification registered with CRICOS.

The course must be at least two years in duration, and the applicant must have been in Australia for at least 16 months during their studies.

Failing to meet these requirements can lead to a refusal.

Understanding the two-year study requirement is essential. You must complete the equivalent of 92 CRICOS weeks.

If your course took longer due to failed subjects, you still only meet the CRICOS evaluation duration. Plan your studies to ensure you meet the total 92-week requirement.

7. Failure to Submit Visa Application on Time

Applications must be lodged within six months of course completion.

Missing this deadline can result in a refusal. Ensure you apply within the specified timeframe.

8. Ignorance of Section 48 Bar Regulations

Section 48 of the Migration Act prevents applicants from applying for another subclass 485 visa after a refusal if they are on a bridging visa.

If your 485 visa is refused, you may have limited options, especially if you do not hold a substantive visa. You may apply to AAT for merit review.

9. Skills Assessment Criteria Not Met

For the Graduate Work Stream, applicants must pass a skills assessment relevant to their occupation.

Failure to do so can lead to a refusal. Ensure your skills are assessed and meet the required standards.

10. Insufficient Duration of Stay in Australia

Applicants must be physically present in Australia for at least 16 months during their course. Spending less time in Australia can result in a refusal.

Verify your presence duration before applying.

Conclusion

Applying for the Temporary Graduate Visa 485 requires careful attention to detail and adherence to specific requirements.

To increase your chances of success, consider consulting with a professional migration agent in Perth or in your city who can guide you through the process and ensure your application meets all criteria.