International students who apply for a Skilled-Graduate (subclass 485) visa BEFORE the new SOL list commences in mid 2010 will not be subject to the new SOL. Applications lodged before this time will be processed according to the legislation in place at the time of lodgement.

International students who apply for a subclass 485 visa AFTER the commencement of the new SOL list in mid 2010 (and who were not holding a student visa subclass 572, 573 or 574 on 8th February 2010) will be subject to the conditions of the new SOL.

International students who have applied for a subclass 485 visa before 8th February 2010 may apply for a permanent GSM without being subject to the new SOL if they apply before 31st December 2012.

International students holding a subclass 485 visa who wish to apply for a GSM are permitted to nominate a different occupation in their GSM visa application then the occupation originally nominated in their subclass 485 visa application.

Note however, that students intending to do so must meet all other requirements of the visa class for which they are applying. Qualifications obtained in Australia must be directly related to the applicants’ nominated occupation and an approved skills assessment must be acquired by the applicant.

Overseas students who have just commenced study in Australia will be able to lodge a Skilled-Graduate (subclass 485) visa application once they have completed their studies if their nominated occupation is on the SOL that existed before mid 2010, provided they satisfy all the criteria of this visa class, make the GSM application before 31st December 2012 and hold either a;

Overseas students wanting to apply for a permanent or provisional GSM visa once they have completed their studies in Australia are permitted to do so provided they meet the criteria applicable to that visa class at the time of their application.

Note that the regulations and requirements for particular visa classes alter regularly and often without warning. It is crucial that applicants ensure they meet all the criteria before submitting a GSM application.

Haag Walker Lawyers proudly offer assistance to applicants in making GSM applications. The professional handling of visa applications by Haag Walker Lawyers helps to ensure that applicants apply for a visa class in which they meet all the requirements and thereby maximise the chance of their visa application being granted.

International students are encouraged to undertake study in Australia in a field in which they intend to work once they graduate. Some international students already studying in Australia have considered altering their present course of study, in order to ensure the occupation associated with their study (which they intend to nominate in future GSM applications) is on the new SOL list.

While it is common for overseas students to apply for permanent Australian residence upon completing their studies in Australia, it should be realised that applying for a GSM visa is a completely separate process from applying for a student visa. Student visas are aimed at accomplishing an educational outcome, whilst GSM visas are aimed at recognising and meeting skills gaps within the Australian labour market. As such, no guarantee can be offered that on the basis of having held a student visa, a person will also meet GSM visa requirements.

It is therefore recommended that international students avoid basing their educational choices on hoping to achieve a specific migration outcome, as it is expected that Australia’s GSM program will continue to transform and adjust to the needs of the Australian economy and labour market.