People who has been holders of 485 as secondary applicants in the past still will be  able to  get 485 granted as primary applicants if they finish their 2 years study.

Immigrtaion has done error in drafting legislation – it was not intentional to restrict student visa holders who have been before on partner’s 485 as dependents  in right to get own 485 in a future.


MIA has received feedback from the Department of Home Affairs that the same arrangement continues to apply for family members (secondary applicants) of the 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 subcalss 485 visa as the primary applicant.
The law regulating the Temporary Graduate Visa (subclass 485) has been amended. The change was introduced on 20 January 2021 and there was confusion regarding the interpretation of this new law.
One of the interpretations of the law is that this change will limit the number of people who can apply for the subclass 485 visa. If you have held a subclass 485 visa as a secondary applicant on your partner’s 485 visa, you will not be eligible for a subclass 485 visa as a primary applicant. However DHA have now confirmed that this is an error in drafting the legislation and the previous arrangement continues to apply.
The law as it stands today and updated on 20 January 2021:
485.211
The applicant:
(a) has not previously held a Subclass 476 (Skilled – Recognised Graduate) visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa; and
(b) has not previously held a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream; and
(c) unless the applicant has nominated the Post Study Work stream in the application and meets the requirements of clause 485.232 or 485.233—has not previously held a Subclass 485 (Temporary Graduate) visa in the Post Study Work stream; and
(d) has not previously held 2 Subclass 485 (Temporary Graduate) visas in the Post Study Work stream.
Based on the above, you will be precluded from a subclass 485 visa if you:
• Held a subclass 476 visa
• Held a subclass 485 visa in the graduate work stream
• Held a subclass 485 visa in the post-study work stream and did not live and study in a regional area
• Held two subclass 485 visas in the post-study work stream