What visa can I apply for if I’m stuck in Australia on a Student Visa? 

If you hold a student visa which is expiring soon and you are unable to leave Australia due to the Covid-19 pandemic, you may have the following options:

• If you need more time in Australia to complete the course,  apply for a new Student visa six weeks before the existing Student visa expires. There is no need to provide evidence of the impacts of COVID-19 with Student visa application.
• If the study in Australia is ending, apply for a Visitor visa (SC 600) before your student visa expires.
• If you are not eligible for any visa options, you may apply for  Subclass 408 – Temporary Activity visa -Australian Government Endorsed Events (AGEE) COVID-19.

Student visa holders – relaxation of work restrictions

The Australian Government is now taking a relaxed approach to student visa conditions, such as class attendance or use of online study. Students still can work unlimited hours in school holidays. But if your course is in session or has been deferred, you can’t work for more than 40 hours per fortnight.

You are temporarily permitted to work more than 40 hours per fortnight if you’re:

• employed in the health sector, enrolled in a health-related course (such as nursing or medicine) and are directed by a health official to assist in the effort against COVID-19
• employed in aged care by an Approved Provider or Commonwealth-funded aged care service provider
• employed by a registered National Disability Insurance Scheme provider

If your student visa has a no further stay condition (8538/8534/8503), you won’t be able to apply for most other visas in Australia unless the condition is waived. You can request to waive this condition if your visa will expire soon. You can request by completing Form 1447 and email it to NoFurtherStayWaiverRequest@homeaffairs.gov.au with the evidence you’d like to provide.

Other options

If you have completed your 2-year Australian study, you may be eligible for a Temporary Graduate visa (subclass 485). The course must be at least two academic years (92 weeks) at a bachelor level or above for Post-Study Workstream. With diploma or trade qualification, you are not eligible to be granted a visa in this stream, and you should alternatively apply through Graduate Workstream.

For a Temporary Graduate visa (subclass 485) – Post-Study Workstream, the key requirements include:

• have a bachelor degree level or above qualification
• have achieved required English level
• have adequate health insurance

For a Temporary Graduate visa (subclass 485) – Graduate Workstream, the key requirements include:

• nominate an occupation on the Medium and Long-term Strategic Skills List (MLTSSL) and
• have a degree, diploma or trade qualification closely related to that occupation and
• have a positive skills assessment result for that occupation;
• have achieved required English level
• have adequate health insurance

Subclass 485 Graduate visa application must be made within six months of completion of the 2-year study while holding a qualified valid visa 

You may also be eligible for general skilled visa subclass 189 or 190, or Skilled Work Regional (Provisional) 491 visa if you can score 65 points or more in the migration points test.

The Regional (Provisional) subclass 491 visa was introduced late last year. You’ll need to be nomination by an Australian state or territory government or sponsored by an eligible relative to apply for 491 visa. Other requirements are like those for subclass 189/190 visa, such as skills assessment, English skills, etc.

If you have an employer that is willing to sponsor you, you can also consider employer-sponsored visa such as training visa 407 visa, long term working 482 visa or regionally sponsored 494 visa.    

Have any questions? Contact us for more information.