Some student visa holders who have recently completed a diploma, degree or trade qualification in Australia, are eligible to apply for an on-shore permanent visa. There is one temporary visa (subclass 497) and 3 kinds of permanent visas applicable, being, the Skilled-Independent Overseas Student visa (Subclass 880); the Skilled-Australian-Sponsored Overseas Student (Subclass 881); and the Skilled-Designated Area-Sponsored Overseas Student visa (Subclass 882). Student visa holders may apply for these permanent visas directly whilst in Australia, but the conditions for the granting of such visas are quite strict.

In some cases, it becomes necessary for students, at the expiry of their student visa, to apply for a further temporary visa in order to remain lawfully in Australia until they can validly apply for a Permanent Graduate Skilled visa. Alternatively, a graduate might seek immediate work rights whilst their permanent application is being considered. For such applicants, DIMIA has created a temporary visa known as the Graduate-Skilled (Temporary) visa (Subclass 497), which allows such eligible overseas students enough time, for instance, to have their skills assessed and undergo health examinations, in order to meet the requirements and validly apply for one of the above points tested permanent visa classes and allows full work rights whilst the permanent visa application is being processed.

WARNING – Both the Temporary Skilled Graduate visa and the permanent visa classes have a very limited period during which a student may make application. Regulation in relation to this area is also complex. Any mistake an applicant makes in the process may seriously jeopardise the potential for making application validly within the limited time-frame. We strongly urge you to take professional advice before you act because any such mistakes may require that you spend several further years working off-shore before you can reapply. It may also cost you a significant loss of income and/or application fees.
Note: You should always seek specific advice before acting. The information provided is as a guide only. Regulations may change. Where hotlinks are made to external sites we cannot guarantee the accuracy thereof.

The Graduate-Skilled (Temporary) Visa: Subclass 497
These visas have the following features:
• Such applications must be made in Australia whilst the applicant is in Australia.
• The applicant must state an intention to apply for one of the permanent Graduate Skilled visas.
• The Graduate Skilled Temporary visa can only be granted once.
• The visas are not granted to English language or ELICOS students, funded students, AusAID students and non-award course students.
• Such applicants must have been the holder of one of a specified list of visas at some time in the 6 months immediately prior to application.
• Applicants must not have become unlawful at any time in the prior 6 months.
• Applicants must nominate a skilled occupation. See the “Skilled Occupation List” (SOL) at: http://www.immi.gov.au/allforms/pdf/1121i.pdf
• Applicants must have in the 6 months immediately before application, have completed a degree, diploma or trade qualification awarded by an Australian educational institution after at least two years of full-time study (academic years), whilst the applicant was present in Australia. (Note: students studying in Australia before 31 March 2003, need only have one year of full time study, provided application is made before 1 April 2004). This 6 month period may commence before your graduation or the actual conferring of the degree/diploma/qualification; all instruction must have been provided in English; the applicant must hold or have completed a degree, diploma or trade qualification appropriate to the nominated skilled occupation; and the applicant must have applied to a “relevant assessing authority” for assessment.
• The applicant must be less than 45 years of age.
Identification of the commencement and last date of the 6 month period of opportunity for making application is absolutely crucial. Please note that it is the same 6 month period which will apply to any application for one of the Permanent Graduate Skilled visa classes and not a separate period.

The Permanent Skilled-Independent Overseas Student Classes
Firstly, it is vital to note that the 6 month period which will apply, in which to make such application, must be accurately identified. We again strongly urge you to seek professional advice.
There are 3 Permanent Skilled-Independent Overseas Student Subclasses, the features of which are as follows:

Skilled-Independent Overseas Student (Subclass 880)
This visa has some of the following features.
• The applicant must be in Australia and application must be made in Australia.
• The applicant must provide to DIMIA, a satisfactory medical examination report in the approved form.
• Most applicants must provide an Australian Federal Police check for the prior 12 months.
• The applicant must be the holder of one of a number of visa classes (including 497 and others).
• The applicant must not have become unlawful in the 6 months immediately prior to application.
• The applicant must be less than 45 years of age.
• The applicant must nominate a 50 point occupation or higher out of the SOL if the applicant has completed a doctoral degree in Australia. In all other cases, the applicant must nominate a 60 point occupation from the Skilled Occupation List. See the SOL at: http://www.immi.gov.au/allforms/pdf/1121i.pdf
• The applicant must provide a successful assessment of his/her skills from a “relevant assessing authority”.
• The applicant must have completed a degree, diploma or trade qualification in the 6 months immediately prior to application date (this must be assessed accurately) at an Australian educational institution as a result of at least two years full-time study whilst the applicant was in Australia and during which all instruction was conducted in English. (Note: students studying in Australia before 31 March 2003, need only have one year of full time study, provided application is made before 1 April 2004).
• AusAID students and some funded study/training students are excluded from applying.
• All applicants must pass the General Points Test, for which the current pass mark is 115 (this may change from time to time). View the General Points Test.
• Other criteria apply

Skilled-Australian-sponsored Overseas Student (Subclass 881)
This visa has some of the following features:
• The applicant must be in Australia and application must be made in Australia.
• The applicant must provide to DIMIA a satisfactory medical examination report in the approved form.
• Most applicants must also provide an Australian Federal Police check for the 12 months prior to application.
• The applicant must be the holder of one of a certain number of applicable visa kinds.
• The applicant must not have become unlawful in the 6 months prior to application.
• The application must be made in a certain manner.
• The applicant must be less than 45 years of age.
• The applicant must nominate at least a 50 point occupation. See the SOL at: http://www.immi.gov.au/allforms/pdf/1121i.pdf
• The applicant must provide a successful assessment of his/her skills from a “relevant assessing authority”.
• The applicant must have completed in the 6 months immediately prior to application, a degree, diploma or trade qualification from an Australian educational institution as a result of at least two years of full-time study while the applicant was present in Australia and during which all instruction was provided in English. (Note: students studying in Australia before 31 March 2003, need only have one year of full time study, provided application is made before 1 April 2004).
• The applicant must provide sponsorship in an approved form from a person who will sponsor the applicant.
• The sponsor must be over 18 years of age; an Australian citizen or permanent resident or eligible New Zealand citizen and must have one of the following relationships with the applicant:
- Parent
- Child, adoptive or step-child, but not a dependent child of the sponsor
- Brother or sister or adoptive/step-brother or sister
- Niece or nephew or adoptive/step-niece or nephew
• A properly completed “assurance of support” must be also provided. At time of application, this assurance of support must have been accepted by DIMIA.
• The assurer (the person giving the assurance of support) must be an Australian citizen, permanent resident or eligible New Zealand citizen and must have the ability to meet certain financial obligations and provide proof thereof in terms of current employment and tax assessment notices for the 2 prior years.
• AusAID students and some funded study/training students are excluded from applying.
• The applicant must pass the General Points Test for which the current pass mark is 110. (Hotlink to the “GPT” at top of page 2 of document “General Skilled Migration”.)
• Other criteria apply.

Skilled-Designated Area-sponsored Overseas Student (Subclass 882)
This visa has some of the following features:
• The applicant must be in Australia and application must be made in Australia.
• The applicant must provide to DIMIA a satisfactory medical examination report in the approved form.
• Most applicants must also provide an Australian Federal Police check for the 12 months prior to application.
• The applicant must be the holder of one of a certain number of applicable visa kinds.
• The applicant must not have become unlawful in the 6 months prior to application.
• The application must be made in a certain manner.
• The applicant must be less than 45 years of age.
• The applicant has nominated a skilled occupation (Note: it does not have to be of any particular point score, so long as it is on the SOL. The points test does not apply to 882 visas). See the SOL at: http://www.immi.gov.au/allforms/pdf/1121i.pdf
• The applicant must provide a successful assessment of his/her skills from a “relevant assessing authority”.
• The applicant has completed in the 6 months immediately prior to application, a degree, diploma or trade qualification from an Australian educational institution as a result of at least two years full-time study while the applicant was in Australia and for which all instruction was conducted in English. (Note: students studying in Australia before 31 March 2003, need only have one year of full time study, provided application is made before 1 April 2004).
• The applicant provides a properly completed sponsorship form.
• The sponsor must be over 18 years of age; an Australian citizen or permanent resident or eligible New Zealand citizen and must have one of the following relationships with the applicant:
- Parent
- Child, adoptive or step-child, but not a dependent child of the sponsor
- Brother or sister or adoptive/step-brother or sister
- Niece or nephew or adoptive/step-niece or nephew
- A grandchild or first cousin (note that this differs to the 881 visa)
• The applicant to provide satisfactory evidence that the sponsor is resident in a specified “designated area” and has been so resident for at least 12 months immediately prior to the day upon which the application is made.
• A properly completed “assurance of support” must be also provided. At time of application, this assurance of support must have been accepted by DIMIA.
• The assurer (the person giving the assurance of support) must be an Australian citizen, permanent resident or eligible New Zealand citizen and must have the ability to meet certain financial obligations and provide proof thereof in terms of current employment and tax assessment notices for the 2 prior years.
• Other criteria apply.

You should always seek specific advice before acting. The information provided is as a guide only. Regulations may change. Where hotlinks are made to external sites we cannot guarantee the accuracy thereof.

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