GSM Updates

485 applications

Recently there has been considerable discussion regarding 485 visa applications. One of the issues centred around changes in December 2020 around Reg 485.211 which essentially centred around whether previous secondary SC 485 visa holders were eligible to apply for a SC 485 as a primary applicant. The Migration Institute of Australia has advised that  the Department has clarified that the same arrangement continues to apply for family members (secondary applicants) of Subclass 485 visa holders. A person who previously held a Subclass 485 visa as a secondary visa holder is not excluded from applying for, or being granted, another Subclass 485 visa as the primary applicant. This should come across as a huge relief to those who were looking at this option for extending their stay in Australia.

The second issue facing 485 visa applicants is whether 485 visa holders would be eligible for a second 485 visa only if they had undertaken their full course at a regional or other regional educational institution.

It is not yet clear whether applicants who have undertaken part of their course at a non regional institution and transferred to a regional institution before they graduate could be eligible for the second 485 visa. Watch this space for details!

BSMQ

The long awaited State nomination program of Business and Skilled Migration Queensland has opened from  1st February 2021 until 7th February 2021. However, this is only open to onshore applicants. Section 48 barred applicants are also not eligible to apply. Their next round is in April. Please see https://migration.qld.gov.au/ for more details.

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