Kriti Gupta travelled to India with her fiancé Naman Vatsa for their engagement ceremony that was scheduled to be held in New Delhi in February 2020.
Little did she know that a quick trip to her home country would turn into an indefinite stay, forcing her to abandon her plans to return to Adelaide to start her new job as an architectural draftsperson that she believes could have kickstarted her career in Australia.
Highlights:
- stuck in India call on government to extend or freeze visas
- Only 344 of the 9,903 TGV holders who applied for exemptions between 1 August 2020 and 31 March 2021 were allowed entry into Australia
- Greens Senator Nick McKim says Australian government has ‘no plans for 485 visa holders’
'My heart is still in Adelaide'
“I studied architecture from the University of South Australia. After I finished my degree, I applied for a 485 visa. I was lucky to secure a job in my field that could have been great for my career,” the 27-year-old told SBS Punjabi from India.
But as luck would have it, the Australian government shut down its international borders in response to the coronavirus outbreak, blocking the newly-engaged couple from returning to their lives in Adelaide.
“For almost one year, we waited for the borders to reopen, but when we realised that there was no chance for the restrictions to ease, Naman and I decided to get married in February, so that we could start our life as a couple.
“While we are still eagerly waiting to return to Australia, we are realistic. I am working at my father’s architectural firm, my husband has found contractual work in his sector here in Delhi until we can travel to Adelaide,” Ms Gupta added.
Ms Gupta says while she has started a new chapter of her life in India, her heart is still in Adelaide.
Kriti Gupta with her husband Naman Vatsa. Source: Supplied by Kriti Gupta
“There are thousands of other 485 visa holders stuck in India and the rest of the world whose lives are on hold. Day in and day out, we all wait for the Australian government to announce a decision in our favour – to either extend our visas or freeze their duration from the time the borders were closed,” she says.
No concessions for temporary graduate visa holders
As the name suggests, visa subclass 485 is for international students who have completed two years of study in Australia. It can last between 18 months and four years, depending on the applicant’s situation and allows successful applicants to live, work and study in Australia temporarily.
In September last year, the federal government gave unprecedented , allowing them to apply for and be granted a Temporary Graduate visa (TGV) outside Australia in cases where they have met all the requirements.
But the concessions, though significant, did not have any bearing on the fate of existing 485 visa holders stuck outside the country. Over the past year, many of them have banded together and have lodged a social media campaign, ‘485 Lives Matter,’ calling on the government to extend or freeze their visas.
One of the participants is Madhur Bhalla, who is currently stuck in Ludhiana in the north Indian state of Punjab since the borders were shut.
While talking to SBS Punjabi, he rued that he has already wasted a year of his visa.
The engineering graduate, who had dreamt of securing a job in his area of study upon returning to Melbourne, said he is now finding it hard to understand that while the government is providing concessions to new TGV holders, it isn’t doing anything to safeguard the interests of those who already hold this visa.
“If they can make policy changes for new TGV holders, why can’t they extend the same courtesy to existing visa holders who have graduated from Australian universities and are also employed in various sectors,” the 25-year-old questioned.
Former deputy secretary in the Department of Immigration Abul Rizvi said this presents a challenging situation for the Department of Home Affairs.
International students and temporary graduate visas during a protest in Chandigarh in northern India. Source: Supplied by Luvpreet Singh
“There could be multiple approaches to resolve this issue. The simplest way would be to say, look, whatever time you have left on your 485, we will freeze, and you can come back and be in Australia for the remainder of the time. That would be a simple way of doing it, and the Department could change the regulations to that effect,” he told SBS Punjabi.
Mr Rizvi also suggested a way the Department of Home Affairs could take to end the uncertainty in the lives of existing 485 visa holders.
“The Department could take a tighter approach depending on the nature of the qualification of the visa holder. So, if the qualification you have got is in demand in Australia, you get your time back, and if it’s not in demand, you don’t,” he elaborated.
‘Government has no plan for 485 visa holders’
The Department of Home Affairs data indicates that most TGV holders who applied for inward travel exemptions between 1 August 2020 and 31 March 2021, faced rejections. Out of 9,903 people on 485 visas, only 344 were allowed to enter Australia during that period.
Greens Senator Nick McKim, who has raised the plight of temporary graduate visa holders multiple times in the Senate, told SBS Punjabi that his office has been inundated with calls and messages from desperate 485 visa holders who have spent thousands of dollars on their Australian degrees but are now watching their visas run out and expire for no fault of their own.
Greens Senator Nick McKim. Source: AAP
“The government has no plan for 485 visa holders, or for any other temporary visa holders more broadly. It is not their fault they were overseas when the borders closed, and the government should provide automatic extensions for 485 visas where the holder is stranded overseas,” he said.
In response to SBS Punjabi’s query on whether the government is planning to change the visa settings for offshore TGV holders, a spokesperson for the Department of Home Affairs said that the government recognises the contribution that international students and graduates make to Australia.
“The government has introduced several visa changes throughout the pandemic and will continue to review visa settings to support Australia’s economic recovery,” the spokesperson said.
“The government has introduced measures to support the sector through COVID-19 including relaxing the eligibility requirements for a TGV to allow international students to apply for and be granted a Temporary Graduate visa outside Australia if they are unable to return to Australia due to COVID-19. Student visa holders studying online outside Australia due to COVID-19 will be able to use that study to count towards the Australian Study Requirement for a post-study work visa,” the spokesperson added.
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