2024 April Updates
On 24 April 2024, the government provided additional details regarding the age limit on its website.
The age limit for both the Graduate Work stream (Post-Vocational Education Work stream) and the Post-Study Work stream (Post-Higher Education Work stream) will be reduced to 35 years of age or under.
Hong Kong and British National Overseas passport holders will continue to be eligible provided they are under 50 years old.
These changes will take effect on 1 July 2024, subject to the passage of legislative amendments.
The last update did not mention any legacy clause or cut-off date.
Click to view our latest article about the legacy clause.
2024 Feb Updates
The government has confirmed that the 35-year-old age limit on 485 visa will be implemented in mid-2024. More details will be released before implementation.
If you are planning or have started studying in Australia and aim to obtain a 485 visa, please continue reading for our advice.
Source: Department of Home Affairs
Many of you may have heard about the recent proposed visa changes by the Australian government. One of the most concerning and debated reforms is the plan to lower the age limit for the 485 temporary graduate visa from 50 years old to 35 years old, which has left many feeling discouraged.
But will this policy actually be implemented? And when might it take effect? Today, we’ll discuss the potential outcomes of this policy and offer some advice for those affected.
This is the Policy Roadmap from p.13 of the Migration Strategy document (see the diagram above).
In the report, the government has used different colours to indicate the reform stages: Black represents policies that have already been implemented and legislated, blue indicates policies the government has committed to implementing and will legislate before the end of 2024, and green signifies reform intentions that the government plans to consult on from 2024 onwards.
We can see from the report that the proposed revision to lower the age limit to 35 years old for the 485 visa falls under the green section (refer to the diagram above).
This implies that the government has not yet finalised the specific implementation details. It’s listed in the green section, indicating there is still room for discussion on the details. The term ‘Government Approach’ used in the report suggests that the proposal is currently in an exploratory phase.
The Rationale Behind Proposed Age Limit Reform for 485 Visa
The government’s rationale for proposing the reform to reduce the age limit for the 485 visa stems from the discrepancy between the current age limit for skilled migration PR visas, which is 45, and the age limit for 485 visas, which is 50.
However, we find this reasoning questionable. The newly proposed age limit of 35 for the 485 visa would create a significant 10-year gap (35 – 45) and does not align with the age limit for skilled migration visas.
Considering that the duration of the 485 visa will be reverted to 2 to 3 years, a more reasonable age limit for the 485 visa would be between 42 and 45. Additionally, there are no other visa options available once the applicant’s 485 visa expires, as the government aims to address the issue of “permanently temporariness” or visa hopping.
Based on the document and our industry experience, we have outlined the potential outcomes of the policy and will offer advice tailored to individuals in different situations.
Potential Execution Outcomes
1. Relaxed Age Limit / Two Different Streams
If the government takes into account the feedback, they may recognise that the age limit of 35 years for the 485 graduate visa is not reasonable. They might consider either slightly relaxing the age limit to 40 or 45, or implementing separate age requirements for the Post-Study Work Stream and Graduate Work Stream.
The policy of “35 years old” has sparked intense discussion within the Australian study, immigration industry, and community. Public pressure may compel the government to reconsider and revise the policy.
2. Legacy Clause and Cut Off Date
There might be an age limit imposed on the 485 visa application, but following the typical approach of the Department of Home Affairs, there could be a ‘legacy clause,’ also known as a ‘grandfather clause’ (similar to previous events like the announcement in 2009 that ‘those who applied for and were granted student visas before 2011 can only apply for GWS 485,’ or the complete replacement of the 457 Employer Sponsored Visa with the 482 TSS Visa after 4 years).
This suggests that there could be a cut-off date when the policy is implemented, and individuals who applied for and were granted a student visa before this date might be exempt from the new policy when applying for the 485 visa.
The 500 Student Visa and the 485 Temporary Graduate Visa are closely linked, and many individuals choose to study in Australia because of the opportunity for the Graduate Work Visa. Neglecting feedback from stakeholders could have a negative impact on both students and educational institutions in Australia.
3. Worst-Case Scenario
Of course, the most pessimistic possibility is that the government, regardless of the situation and feedback, decides to implement the 485 age limit as 35 years. If that’s the case, how should everyone respond?
If you are aged under 33
If you are under 33 and planning to immigrate to Australia, you should take action and start your journey as soon as possible.
If you are aged above 33
- If you are graduating soon, you should submit your 485 visa application as soon as possible.
- If you are still studying and will exceed 35 years old when you graduate, wait for more details first. Do not panic and withdraw from your studies based on policies that do not have any details yet.
- If you are planning to study in Australia in 2024:
Starts in February
As the government is planning to implement the new policy in mid-2024, students who start their semester in February should be safe if the government does have a legacy clause.
Starts in July
For students starting in July 2024, we recommend enrolling in your studies and applying for a student visa as planned. Wait for further implementation details to be confirmed and explore possible options afterward. If you are later confirmed ineligible for the 485 visa, you can request a refund before the school census date.
If you are above 33 and still in the planning stage of studying in Australia and obtaining a 485 visa, it may be advisable to wait until further details are available. If you decide to proceed, we recommend coming alone initially if you have a family, and then bringing your family along when applying for a 485 visa. Bringing your family entails higher costs and visa risks.
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