Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:1_3:p2
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 2/4)
Character Range: 1097603–1100345

Subclass 485 (Temporary Graduate) visa in the Post‑Higher Education Work stream must:
 (i) hold a Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream or the Post‑Higher Education Work stream; or
 (ii) hold a Subclass 485 (Temporary Graduate) visa in the Replacement stream and have held a Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream.
 (lb) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa in the Replacement stream must meet the requirements of subitem (5).
 (m) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa must meet the requirements of subitem (4).
 (4) The following requirements must be met:
 (a) one of the following subparagraphs must be satisfied by the applicant:
 (i) the applicant holds an eligible student visa;
 (ia) the applicant is outside Australia when the application is made and the applicant has held an eligible student visa;
 (ii) the applicant must:
 (A) hold a Bridging A (Class WA) visa or Bridging B (Class WB) visa that was granted on the basis of a valid application for a visa; and
 (B) have held an eligible student visa at any time during the period of 6 months ending immediately before the day on which the application for the Skilled (Provisional) (Class VC) visa is made;
 (iii) the applicant must:
 (A) hold a substantive visa; and
 (B) have held an eligible student visa at any time during the period of 6 months ending immediately before the day on which the application for the Skilled (Provisional) (Class VC) visa is made;
 (iv) if the ART made a decision to set aside and substitute the Minister's decision not to revoke the cancellation of the applicant's eligible student visa—the applicant must:
 (A) if the ART's decision is given to the applicant orally—have been taken, under subsection 368(7) of the Act, to have been notified of the decision not more than 28 days before the day on which the application is made;
 (B) otherwise—have been taken, under section 379C of the Act, to have received the notification of the ART's decision not more than 28 days before the day on which the application is made;
 (v) the applicant holds a Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream or the Post‑Higher Education Work stream and is applying for a subsequent Subclass 485 (Temporary Graduate) visa in the Post‑Higher Education Work stream;
 (vi) the applicant holds a Subclass 485 (Temporary Graduate) visa in the Replacement stream and is applying for a subsequent Subclass 485 (Temporary Graduate) visa in the Post‑Higher Education Work stream;
 (vii) the applicant holds a Subclass 485 (Temporary Graduate)