Recent discussions surrounding changes to the 485 Visa regime, effective from July 1, underlines the critical need for applicants to stay informed about migration regulations. Failing to do so can lead to severe consequences, including the denial of an Australian Visa.
Understanding the regulatory requirements is crucial for any visa application. Applicants must ensure they meet all criteria and strictly follow the guidelines, as decision-makers typically have no discretion to waive compliance.
The S/C 485 Visa application has specific requirements that are often overlooked:
- Eligible Student Visa: applicants must demonstrate that they held an eligible student visa at any time within six months prior to submitting their S/C485 application. This requirement is non-negotiable, so it is vital to ensure that applications are lodged within the designated timeframe.
- Documentation at application time: applicants must provide certain documents and information at the time of application stop many believe they can submit additional materials later, but failing to include specified information initially can lead to application refusal required information includes
- Evidence of a specified English language test with a required score,
- Evidence of an application for an Australian Federal police check made within 12 months before the application date,
- Proof of adequate health insurance arrangements.
Regarding the English language requirement, it is important to note that the minimum level for a student visa differs from that for arcing everyone and I discussed this this email are nota S/C485 visa. For instance, an overall IELTS score of 6 is sufficient for a student visa, while a score of 6.5 with minimums in each band is necessary for the S/C485 visa. Furthermore, test results must be from a test conducted within the 12 months prior to the application. If applicants have sat a test prior to the lodgement date, but do not have their results to lodge with the application, it will be refused.
Due to these stringent requirements, deserving applicants can find their applications rejected on technical grounds. Since these refusals are often justified, the Administrative Review Tribunal has limited recourse to assist. This highlights the importance for applicants to thoroughly understand the subclass requirements or seek early legal advice to ensure compliant applications are submitted.
Need Australian immigration law & visa assistance?
Contact us today so we can help guide you
Nevett Ford Lawyers Melbourne
Telephone: +61 3 9614 7111
Email: melbourne@nevettford.com.au
Visit our website: www.nevettford.com.au