20 January 2021
The changes announced at the end of 2019 have been clarified in a new legislative instrument released on 18 December 2020. The purpose of the new Regulations is to encourage international students to study in regional Australia on a student visa and to continue living in regional Australia on a Temporary Graduate 485 visa.
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. Applications for the second TGV in the Post-Study Work stream can be made from 20 January 2021, when the Amendment Regulations 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.
On 26 October 2019, the Government announced a policy framework for regional visa concessions, under which Australia would be divided into three categories:
Category 1 – Major Cities, comprising Sydney, Melbourne and Brisbane;
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
Category 3 – Regional Centres and Other Regional Areas, including all other locations.
The term designated regional area is defined to mean all of the areas in categories 2 and 3. The result is that a designated regional area means any area in Australia that is not in Sydney, Melbourne or Brisbane.
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 (category 3 above), 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.
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 (category 2 or 3 above), 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.
Contact us for our information sheet on Second 485 Visas for Regional Students for more detailed information and FAQ, or if you require assistance with your second 485 visa application