If you’re on a Subclass 485 (Temporary Graduate) visa with your spouse or partner listed as a dependent, and you’re now considering moving to a Subclass 482 (Temporary Skill Shortage) visa on your own, you might be wondering what happens to your partner’s 485 visa. Will it be cancelled? Will it continue until its expiry date? And what do you need to watch out for?
Does the Dependent’s 485 Visa Cease Automatically?
Need help with your specific case?
A 30-minute consultation with a MARA-registered migration agent for $85, credited toward your full application.
The short answer is no — the dependent’s 485 visa does not automatically cease when the primary visa holder is granted a new visa. When you’re granted a 482 visa, your 485 visa ceases (because you can only hold one substantive visa at a time), but your partner’s 485 visa remains in effect as a separate visa grant.
However, there’s an important caveat: while the dependent’s visa doesn’t automatically cease, it could potentially be subject to cancellation by the Department. This is because the circumstances that existed at the time the visa was granted — specifically, being a member of the family unit of a 485 visa holder — may no longer apply.
When Could the Dependent’s Visa Be Cancelled?
The main risk of cancellation arises when the reason for not including the partner in the new 482 application is a relationship breakdown. If the couple has separated, this is a notifiable event under the Migration Act, and it gives the Department grounds to consider cancelling the dependent’s visa under section 116.
If the relationship is still intact and the reason for not including the partner is simply a practical one — such as the partner wanting to maintain their own visa with full work rights, or the employer not sponsoring the family member — the risk of cancellation is lower, though not zero.
Should You Include Your Partner in the 482 Application?
In most cases, the safest approach is to include your partner as a secondary applicant in the 482 visa application. This ensures both of you have a clear visa pathway and avoids any ambiguity about the dependent’s status.
However, there may be valid reasons for not including a partner — for example, if they have their own independent visa pathway or if the 485 visa has significant time remaining and the partner wants to continue on it. In these cases, it’s important to get professional advice to understand the risks.
Key Considerations
- A dependent’s 485 visa does not automatically cease when the primary holder gets a new visa
- The dependent’s visa could be subject to cancellation if the circumstances of the grant have changed
- Relationship breakdown is a notifiable event and increases the risk of cancellation
- Including the partner in the new 482 application is generally the safest option
- If the partner is not included, they should be aware of the potential risks and plan accordingly
Need Help Navigating Your Visa Options?
Changing visa subclasses when you have dependents can be complex. We can help you understand the implications for your partner’s visa and recommend the best approach for your situation.
Related Articles You May Find Useful
- Ministerial Intervention: What It Is, How Long It Takes, and What to Expect
- Visitor Visa (600): Understanding the Difference Between Visa Validity and Permitted Stay
- Applying for a Partner Visa While on a Visitor Visa: When Can You Start Working?
- De Facto Partner Visa: Can You Apply If You Haven’t Lived Together?
- Planning to Combine Courses for Your Subclass 485 Visa? Read This First.
Disclaimer: This blog post provides general information only and is current at the time of publishing. It is not intended as legal or migration advice specific to your situation. For personalised advice, please book a consultation with one of our registered migration agents.
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
Clear advice. Practical next steps.
Discuss your circumstances with a registered migration agent
Book a focused 30-minute consultation to understand the options, risks and evidence relevant to your matter.