485 Visa Changes From 13 November 2026 and Who Can Still Include Family
Published 13 November 2026
From 13 November 2026, you must be in Australia to apply for a Subclass 485 (Temporary Graduate) visa, but not in immigration clearance. Your partner or children can be included only if one of six specific situations applies. They must also apply in the same application, at the same time as you.
These rules come from the Migration Amendment (Temporary Graduate Visa Reform) Regulations 2026. The Governor-General made them on 12 November 2026. They apply to applications made on or after 13 November 2026.
New to the visa? Start with our guide to the Temporary Graduate 485 visa.
Wondering how family members join after the main visa is granted? See our 485 subsequent entrant visa guide.
The short version
You (the main applicant) must be in Australia, but not in immigration clearance, when you apply.
Your partner or child can be included only if one of six situations applies. They are listed below.
Family members must apply at the same time as you, in one combined application.
A family member who is in Australia also needs a substantive visa, a Bridging A or B visa, or one narrow review-decision case.
The rules apply to applications made on or after 13 November 2026.
The regulations do not mention fees or processing times.
What do the new 485 visa rules change?
In plain terms, the regulations do four things:
They say where the main applicant must be when applying.
They list who can be included as a family member (often called a dependant).
They require family members to apply together with the main applicant.
They add holding requirements for family members who are already in Australia.
The regulations amend the Migration Regulations 1994. Schedule 1 has 19 items, and most of them change item 1229, which covers how a Subclass 485 application must be made. The rest change clauses 485.212, 485.216 and 485.311 and add a start rule to Schedule 13.
Do the new rules apply to your application?
They apply if you make your application on or after 13 November 2026. The regulations commence the day after they are registered, and the commencement table lists 13 November 2026.
Clause 17001, added by item 19, says the amendments apply to a visa application made on or after commencement. The text sets out no other rule for applications made earlier.
Where do you need to be when you apply?
You must be in Australia, but not in immigration clearance. Item 7 of Schedule 1 sets this rule for the main applicant, meaning the person who applies on the primary criteria for the visa.
Who can still include family in a 485 visa application?
Your partner or child (the secondary applicant) can apply only if at least one of these six situations applies:
Your passport. You hold a passport from a Pacific-regional country, or from a country specified in subitem 1222(5A) of Schedule 1 to the Migration Regulations. As of 1 November 2026, that subitem lists Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.
Your doctorate. Your most recent student visa was for a doctoral degree that you have completed.
Funded study. Your most recent student visa was for one or more courses of study, each fully funded by a foreign government.
A new child. The family member is your child and was born after your most recent student visa or 485 visa was granted.
Already a student visa family member. The family member holds a student visa as a secondary applicant, or held one on 2 October 2026 or in the 6 months before the application. You hold or held that visa as the primary applicant.
Already a 485 family member. The family member holds a 485 visa as a secondary applicant, or held one in the 6 months before the application. You hold or held that visa as the primary applicant.
If none of these applies, the regulations do not let the family member apply as a secondary applicant.
The regulations use the term member of the family unit but do not define it.
Can your partner or child apply from overseas?
It can be done. A family member's application may be made in or outside Australia, but not in immigration clearance.
Three conditions go with that:
One of the six situations must apply.
The application must be made at the same time as yours.
The application must be combined with yours, and you must be in Australia.
What if your family member is already in Australia?
A family member who is in Australia when they apply must meet one of three conditions:
They hold a substantive visa.
They hold a Bridging A (Class WA) or Bridging B (Class WB) visa that was granted on the basis of a valid application for a visa.
The ART made a decision to set aside and substitute the Minister's decision not to revoke the cancellation of their student visa, and they apply no more than 28 days after they are taken to have been notified of, or to have received notification of, that decision.
This holding requirement applies only to a family member who is in Australia at the time of application.
What happens to the subsequent entrant route?
You may have heard of the 485 subsequent entrant route, where a family member applies after the main applicant's visa is granted.
Under the new text, a family member's application must be made at the same time as, and combined with, the main applicant's application. Clause 485.311, as replaced by item 18, also requires the family member to have made a combined application with the main applicant.
On the text of the regulations, that leaves no room for a separate application after your visa is granted. For fees and the steps of the earlier route, see our 485 subsequent entrant visa guide.
Four examples
These are illustrations of how the text applies, not real cases. A real case depends on each person's visa history.
Alex applies alone. Alex is in Australia and not in immigration clearance. No family situation is needed because nobody else is on the application.
Sam has a partner overseas. Sam's most recent student visa was for a completed doctoral degree. That meets one of the six situations. Sam's partner applies at the same time as Sam, in a combined application, and may apply from outside Australia.
Maya's partner is in Australia. The partner held a student visa as Maya's secondary applicant within the last 6 months, and Maya held it as the primary applicant. That meets one of the six situations. Because the partner is in Australia, the partner must also meet one of the three holding conditions above.
Chris has a partner overseas. None of the six situations applies. The regulations let a family member apply only if one of the six situations applies, so Chris should get advice on the options before lodging.
What the regulations do not say
The text does not cover everything people ask about. It does not say:
What the 485 visa fee or processing time is.
What the age, English language, qualification or other main applicant rules are.
Which countries are specified in subitem 1222(5A) of Schedule 1. That list sits in the Migration Regulations 1994, not in this instrument.
What clauses 485.232, 485.233, 485.234 and 485.235 require.
What public interest criteria 4017 and 4018 require. New subclause 485.216(2A) says an applicant who has not turned 18 satisfies them.
What the repealed provisions in item 1229 said.
To check these points, read the Migration Regulations 1994 as amended and speak to a registered migration agent.
What should you do before you lodge?
Work out where you will be on the day you apply. You must be in Australia, but not in immigration clearance.
Check which of the six situations applies to each family member, and keep your visa records.
Plan to lodge everyone together, in one combined application.
If a family member is in Australia, check which visa they hold and whether it meets one of the three conditions.
Get advice before you lodge. A mistake in who you include can change what you are able to apply for.
Frequently asked questions
Can I include my partner in my 485 application after 13 November 2026?
Only if one of six situations applies. These include your most recent student visa being for a completed doctoral degree, or your partner holding or recently holding a student or 485 visa as your family member. Your partner must also apply at the same time as you, in one combined application.
Can I still add my partner after my 485 visa is granted?
On the text of the regulations, a family member's application must be made at the same time as, and combined with, the main applicant's application. Clause 485.311, as replaced, requires a combined application. That leaves no room for a separate application after the main applicant's visa is granted.
I lodged my 485 before 13 November 2026. Do the new rules apply to me?
The regulations apply their amendments to visa applications made on or after 13 November 2026. The text sets out no other rule for applications made earlier.
Can my partner apply for the 485 visa from overseas?
A family member's application may be made in or outside Australia, but not in immigration clearance. It must be combined with the main applicant's application, the main applicant must be in Australia, and one of the six situations must apply to the family member.
Does the main applicant have to be in Australia?
Yes. From 13 November 2026, the main applicant must be in Australia, but not in immigration clearance, when applying.
Do the new rules change the 485 visa fee or processing time?
No. The text of the regulations does not mention fees, visa application charges or processing times. It changes who can apply, where the main applicant must be, and how family members apply.
Does my passport matter for including family?
Only for one of the six situations. It covers a main applicant who holds a passport from a Pacific-regional country, or from a country specified in subitem 1222(5A) of Schedule 1 to the Migration Regulations.
In the Migration Regulations 1994 as in force on 1 November 2026, that subitem lists ten countries: Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam. The explanatory statement describes them as ASEAN countries. The other five situations do not depend on the passport.
Can my child born after my visa was granted be included?
Yes, if the child was born after your most recent student visa or 485 visa was granted. This is one of the six situations. The child's application must still be made at the same time as, and combined with, yours.
Planning a 485 application with family?
RACC Migration & Education Services, a MARA-registered migration agency in Melbourne, can check your visa history and your family's situation before you lodge. Book a 485 visa consultation.
Related 485 visa guides:
This article gives general information based on the text of the regulations as made. It is not legal or migration advice. Other parts of the Migration Regulations 1994 also apply.
Sources:
Explanatory Statement to the Migration Amendment (Temporary Graduate Visa Reform) Regulations 2026, Federal Register of Legislation
Migration Regulations 1994, compilation in force 1 November 2026 (Schedule 1, item 1222), Federal Register of Legislation
Comments