The Migration Amendment (Graduate Visas No. 2) Regulations 2024 introduces significant updates to the Subclass 485 (Temporary Graduate) visa, specifically focusing on the Post-Higher Education Work (PHEW) stream. These changes aim to simplify the visa criteria, streamline eligibility, and ensure alignment with the broader Migration Strategy reforms.

Key Updates:

• Redefinition of ‘Degree’: A new definition of “degree” has been established for Subclass 485 visa applicants, specifically for the PHEW stream. Graduate certificates no longer qualify as “degrees,” while graduate diplomas are now eligible only when undertaken immediately following a related bachelor’s, master’s, or PhD program.
• Removal of Australian Study Requirement (ASR): The ASR has been decoupled from the Subclass 485 visa criteria, simplifying the application process for eligible graduates.
• Updated Academic Requirements: New provisions under Clause 485.231 specify the educational qualifications and study parameters that applicants must meet for successful visa grants in the PHEW stream.
• Regional Focus: Holders of second or subsequent Subclass 485 visas in the PHEW stream are required to live, and potentially work and study, only in designated regional areas.

Context:

These amendments build on the government’s Migration Strategy released in December 2023, which emphasises reducing the number of migrants in “permanently temporary” situations and fostering pathways to permanent residency for skilled international graduates.

Impact:

The updates ensure clarity for international graduates and better alignment with Australia’s skilled migration goals. They address confusion surrounding qualification requirements while emphasising streamlined pathways to long-term opportunities in Australia.

These changes took effect immediately after registration on the Federal Register of Legislation and apply to applications lodged after this commencement. The revised criteria reinforce Australia’s commitment to attracting and retaining highly skilled international talent.

Source: Migration-Amendment-Gradiate-Visas-No-2-Regulations-2024.pdf  and

Migration-Amendment-Graduate-Visas-No-2-Regulations-2024-Explanatory-Statement.pdf