Learn More About Us
STUDENT AND GRADUATE VISAS
you trusted Australian lawyers for Student visas
Studying in Australia is an exciting opportunity that can open the door to world-class education, valuable career prospects, and a bright future. For many international students, obtaining an Australian student visa is the first step towards achieving their academic and professional goals.
There are several types of student visas:
- Student Visa (subclass 500)
- Student Guardian Visa (subclass 590), and
- Graduate Visa (subclass 485).
At Bamyan Law Group, we provide expert course guidance and support throughout the student visa application process.
Our experienced migration lawyers can:
- Assist you to choose an appropriate course in an Australian institution (Certificate, Diploma, Bachelor’s degree, Master’s degree or higher course),
- Obtain a Confirmation of Enrolment (COE) from your desired institution, and
- Assess your eligibility, prepare and lodge your student visa application, and ensure that all requirements are met before submission.
We also liaise with the Department of Home Affairs on your behalf, helping to streamline the process and address any issues that may arise along the way.
STUDENT VISA (SUBCLASS 500)
The Student Visa (Subclass 500) allows international students to study full-time in Australia at an accredited education provider. It also provides limited work rights and the ability to include eligible family members.
Eligibility requirements
- Confirmation of Enrolment (CoE)
- You must have a valid Confirmation of Enrolment (CoE) from an Australian education provider
- Genuine Student Requirement
- You must demonstrate that you are a genuine student, intending to stay in Australia temporarily for study purposes
- This involves an assessment of:
- Your academic background
- Your chosen course and its relevance to your career
- Your immigration history
- Your personal circumstances
- English Language Proficiency
- You must provide evidence of English language ability, unless exempt
- Common tests include:
- IELTS
- TOEFL iBT
- PTE Academic
- Minimum score requirements vary depending on the course and provider
- Overseas Student Health Cover (OSHC)
- You must hold valid Overseas Student Health Cover (OSHC) for the entire duration of your stay in Australia
- Financial Capacity
- You must demonstrate sufficient funds to cover:
In addition to the above requirements, you must also satisfy character, health and other requirements based on your personal circumstances.
Key Features
This visa allows you to:
- Undertake full-time study in a registered course with an approved Australian education provider
- Stay in Australia for up to 5 years, depending on the length of your course
- Work up to 48 hours per fortnight during study periods (subject to visa conditions and course type)
- Include eligible family members (e.g. partner and dependent children) in your application
- Travel in and out of Australia freely while your Student visa remains valid
STUDENT GUARDIAN VISA (SUBCLASS 590)
The Student Guardian Visa (Subclass 590) is a temporary visa that allows a parent, legal guardian, or eligible relative to live in Australia to provide care and support to an international student under 18 years of age studying in Australia.
This visa ensures that minor students have appropriate welfare, accommodation, and day-to-day support while undertaking their studies.
Eligibility Overview
To be eligible, the applicant must:
- Be a parent, legal guardian, or eligible relative of the student
- Demonstrate the financial capacity to support themselves and the student during their stay
- Meet health and character requirements
- Have appropriate welfare arrangements in place for any accompanying dependants
TEMPORARY GRADUATE VISA (SUBCLASS 485)
The Temporary Graduate Visa (Subclass 485) is a temporary visa for international students who have recently graduated from an Australian educational institution. It allows graduates to live, work, and gain practical experience in Australia, which may support future skilled migration or permanent residency pathways.
Streams
The Subclass 485 visa generally includes:
- Post-Vocational Education Work stream (for graduates with qualifications linked to occupations in demand)
- Post-Higher Education Work stream (for graduates with higher education degrees from Australian institutions)
Each stream has specific eligibility requirements relating to qualifications, occupation relevance, and timing of application.
Eligibility Overview
To be eligible, applicants must typically:
- Have recently completed an eligible qualification in Australia
- Hold a valid eligible visa at the time of application
- Meet the Australian study requirement
- Demonstrate competent English language proficiency
- Meet health and character requirements
Key Features
- Full work rights in Australia
- Ability to live and travel in Australia during the visa period
- Opportunity to improve skilled migration points through Australian work experience
- Duration varies depending on the stream and qualification level
How Bamyan Law Group Can Help
Applying for an Australian Student Visa require careful preparation and detailed supporting evidence. At Bamyan Law Group, we can guide you through every stage of the process, assess your eligibility, prepare a strong application, and help you meet all sponsorship and evidentiary requirements.
Contact our team today to discuss your circumstances and take the first step towards building your future together in Australia.
SKILLED WORK REGIONAL (PROVISIONAL) VISA (SUBCLASS 491)
The Skilled Work Regional (Provisional) (Subclass 491) visa is a provisional visa valid for up to 5 years. It is designed to encourage skilled migration to regional areas of Australia.
Applicants may be nominated by a state or territory government or sponsored by an eligible relative residing in a designated regional area.
Key features:
- Provides a pathway to permanent residence through the Permanent Residence (Skilled Regional) (Subclass 191) visa
- Requires living and working in regional Australia
Eligibility requirements:
- Occupation must be on the relevant skilled occupation list
- Submit an EOI and receive an invitation
- Be nominated by a state/territory or sponsored by an eligible relative
- Achieve at least 65 points (higher thresholds may apply)
- Meet any additional state or territory nomination requirements
- Be under 45 years of age at the time of application
- Meet English, health, and character requirements
EMPLOYER-NOMINATED SKILLED VISAS
Employer-nominated skilled visas enable Australian businesses to address labour shortages by sponsoring suitably qualified overseas workers for specific roles. Depending on the visa subclass, these visas may be temporary or permanent and require a formal nomination by an approved Australian employer.
Skills in Demand Visa (Subclass 482)
The Subclass 482 visa is a temporary work visa that allows skilled workers to live and work in Australia for an approved sponsoring employer for up to four years, depending on the occupation and visa stream.
Applications must be supported by an approved sponsor and a valid nomination lodged with the Department of Home Affairs.
Eligibility Criteria
To qualify for the Subclass 482 visa, the applicant must:
- Be nominated for an occupation listed on the relevant occupation list
- Be sponsored by an approved Australian employer
- Have at least one year of relevant full-time work experience in the nominated occupation (or a closely related field) within the last five years
- Hold the relevant qualifications or equivalent experience required for the role
- Obtain a positive skills assessment, where applicable
- Demonstrate competent English language proficiency
- Meet health and character requirements
Key Benefits
- No age restriction applies to this visa subclass
- Ability to live and work in Australia in the nominated occupation
- Travel flexibility, allowing multiple entries during the visa validity period
- Access to a pathway to permanent residence, subject to meeting eligibility criteria (e.g., through employer-sponsored permanent visa options after a qualifying period)
EMPLOYER NOMINATION SCHEME (SUBCLASS 186) VISA
The Employer Nomination Scheme (Subclass 186) visa is a permanent residence visa that enables Australian employers to sponsor suitably qualified overseas workers to fill skilled positions where there is a demonstrated need.
Applications require both an approved employer nomination and a visa application submitted to the Department of Home Affairs.
TEMPORARY RESIDENCE TRANSITION (TRT) STREAM – SUBCLASS 186
The Temporary Residence Transition (TRT) stream provides a pathway to permanent residency for holders of eligible temporary work visas who have been employed by their sponsoring employer in Australia.
This stream is commonly used by applicants transitioning from the Skills in Demand visa (subclass 482) (formerly TSS visa).
Applications must be supported by an approved employer nomination lodged with the Department of Home Affairs.
Eligibility Criteria
To qualify under the TRT stream, the applicant must:
- Hold (or have recently held) an eligible temporary work visa, such as the Subclass 482
- Have been employed full-time by the sponsoring employer in the nominated occupation for the required period (generally at least 2–3 years, depending on current legislative settings)
- Be nominated by the same employer for a permanent position
- Demonstrate that they have performed the occupation at the required skill level
- Meet English language requirements (unless exempt)
- Be under 45 years of age at the time of application (subject to exemptions)
- Meet health and character requirements
Employer Requirements
The sponsoring employer must:
- Be an approved sponsor
- Nominate the applicant for a full-time, ongoing position
- Offer a salary that meets the market rate and complies with the Temporary Skilled Migration Income Threshold (TSMIT), where applicable
- Ensure that the terms and conditions of employment are no less favourable than those offered to Australian workers in equivalent roles
DIRECT ENTRY STREAM – SUBCLASS 186
The Direct Entry stream of the Employer Nomination Scheme (Subclass 186) visa provides a pathway to permanent residency for skilled workers who may not have worked in Australia previously, or who do not meet the requirements of the Temporary Residence Transition (TRT) stream.
This stream allows Australian employers to sponsor overseas workers directly from abroad or from within Australia, provided the applicant meets the prescribed skill and qualification thresholds.
Applications must be supported by an approved employer nomination lodged with the Department of Home Affairs.
Eligibility Criteria
- You must have the skills, qualifications and experience for the role
- You must be nominated by an Australian employer
- You must be paid a salary that matches the market rate for your role
- Your employment terms must be no less favourable than those offered to an equivalent Australian worker
- You must meet health and character requirements.
- Be under 45 years old when you apply for the visa
Employer Requirements:
The sponsoring employer must:
- Nominate the applicant for a full-time, ongoing position for at least 2 years
- Offer a salary that meets the market rate and complies with the Temporary Skilled Migration Income Threshold (TSMIT), where applicable
- Ensure that the terms and conditions of employment are no less favourable than those offered to Australian workers in equivalent roles
Key Benefits
- Immediate permanent residency upon visa grant
- Full work and study rights in Australia
- Access to Medicare
- Ability to include eligible family members in the application
- Eligibility to apply for Australian citizenship, subject to meeting residency requirements
SKILLED EMPLOYER SPONSORED REGIONAL (PROVISIONAL) VISA (SUBCLASS 494)
The Skilled Employer Sponsored Regional (Provisional) (Subclass 494) visa is a temporary visa that enables skilled workers to live and work in designated regional areas of Australia for up to five years.
This visa is designed to address labour shortages in regional Australia by allowing employers operating in regional areas to sponsor suitably qualified overseas workers.
- The Subclass 494 visa also provides a pathway to permanent residency, typically after three years, through the Permanent Residence (Skilled Regional) (Subclass 191) visa (subject to meeting income and residency requirements).
Applications must be supported by an approved employer nomination lodged with the Department of Home Affairs.
Eligibility Criteria
To be eligible for the Subclass 494 visa, the applicant must:
- Be under 45 years of age at the time of application (subject to limited exemptions, e.g. certain academics or high-income earners)
- Be nominated by an approved employer located in a designated regional area of Australia
- Have an occupation on the relevant skilled occupation list
- Obtain a positive skills assessment from the relevant assessing authority
- Have at least three years of relevant full-time work experience in the nominated occupation or a closely related field
- Demonstrate Competent English (e.g. IELTS score of at least 6 in each component or equivalent)
- Meet health and character requirements
Key Benefits
- Ability to live and work in regional Australia for up to five years
- Multiple travel rights, allowing entry and exit from Australia during the visa validity period
- Access to a clear pathway to permanent residency via the Subclass 191 visa, subject to eligibility
- Opportunity to gain valuable Australian work experience, strengthening long-term migration prospects
How Bamyan Law Group Can Help
Applying for an Australian Work Visa require careful preparation and detailed supporting evidence. At Bamyan Law Group, we can guide you through every stage of the process, assess your eligibility, prepare a strong application, and help you meet all sponsorship and evidentiary requirements.
Contact our team today to discuss your circumstances and take the first step towards building your future together in Australia.