Introduction
Recent changes to the Australian Temporary Graduate Visa (subclass 485) now limit eligibility to those under the age of 35 at the time of graduation. This shift presents a challenge for many international students who are planning their future in Australia. However, there are alternative pathways to extend your stay and work towards permanent residency. Here's a guide on how to transition from a Student Visa (subclass 500) to other visas as below
Understanding Your Options
Transitioning from a Student Visa (subclass 500) after you turn 35 involves understanding the alternatives available that align with your career goals and circumstances. Below, we explore each visa option:
1. Training Visa (subclass 407):
◾️ Purpose: This visa allows you to stay in Australia to take part in workplace-based training.
◾️ Requirements: You need a sponsor and a nomination for a training plan. The training must enhance your skills in your current occupation, area of tertiary study, or field of expertise.
◾️ Duration: Up to 2 years.
2. Temporary Skill Shortage Visa (subclass 482):
◾️ Purpose: Designed for skilled workers who are nominated by an employer in a recognized occupation.
◾️ Requirements: You must have the skills to fill a position nominated by an employer and demonstrate proficiency in English.
◾️ Duration: Up to 2 or 4 years, depending on your job's term and qualifications.
3. Permanent Residence (Skilled Regional) Visa (subclass 191):
◾️ Purpose: Allows skilled workers to live and work in regional Australia permanently.
◾️ Requirements: You must have lived for at least three years and have a taxable income at or above a specific threshold for at least three years while holding a subclass 491 or 494 visa.
◾️ Duration: Permanent.
4. Skilled Work Regional (Provisional) Visa (subclass 491):
◾️ Purpose: For skilled workers who want to live and work in regional Australia.
◾️ Requirements: You need to be nominated by an Australian state or territory government agency or be sponsored by an eligible relative living in a designated regional area.
◾️ Duration: 5 years.
5. Skilled Work Regional (Provisional) Visa 491 SBO
(MQ- Small business owners operating in regional Queensland):
◾️ Purpose: This visa provides a pathway for small business owners who wish to live and work in regional Australia.
◾️ Requirements:
▪️ Own and operate a business in regional Queensland for at least six months before applying.
▪️ Have 100% ownership of the business with no share transfers allowed; the business must be purchased outright without vendor financing.
▪️ The business must not be purchased from a family member or a previous 491 SBO visa holder.
▪️ The business should have a physical commercial space; home-based or virtual offices are not eligible.
▪️ Applicants must not be commission agents or leasing agents of franchises, such as petrol stations.
▪️ Demonstrated business turnover of at least AUD 200,000 in the last fiscal year.
▪️ Obligations: Operate the business for a minimum of three years in a regional area. Migration Queensland may monitor this, and selling the business within this period could lead to the withdrawal of the visa nomination.
▪️ Application Process: Applicants should thoroughly review the application process and document checklist before submitting. Due to the high volume of applications, Migration Queensland will not respond to inquiries about application status or queue position. Priority is not given based on document or visa expiry.
◾️ Business Viability:
▪️ Ensure that your business plan shows the potential for sustainable operation and growth in a regional area.
▪️ Compliance and Documentation: Collect comprehensive proof of business operations, ownership, and financial health. Pay special attention to the rules against purchasing from relatives or previous 491 SBO holders.
▪️ Long-term Planning: Be prepared for a commitment to regional development and understand that your business and visa status might be monitored.
Strategies for Transition
◾️ Plan Early: Start planning your visa transition before you graduate to ensure a seamless transition.
◾️ Seek Sponsorship: Engage with potential employers or get involved in professional networks that could lead to sponsorship.
◾️ Pursue Further Training: Enhance your qualifications or skills to meet specific visa requirements, such as those for the subclass 482 or 407.
◾️ Explore Regional Opportunities: Many of the visa options favor regional sponsorship. Consider positions in regional areas which might have less competition and more benefits.
Conclusion
While the age restriction on the Temporary Graduate Visa (subclass 485) may complicate plans for older graduates, multiple pathways remain open to extend your stay and pursue permanent residency in Australia. Each visa has specific requirements and benefits, so it’s crucial to choose the one that best fits your professional background and future aspirations.
For further guidance and assistance with your visa applications, consult with migration experts or visit the official Australian Government Department of Home Affairs website for the most current information and procedures.