BOOK A CONSULTATION

News

Section 48 Restriction Lifted For Applications For Subclass 494, 491 and 190 Visas!

01 Nov

 

Section 48 restrictions have gone for applications for Subclass 494, 491 and 190 Visas

There is a new Legislative Instrument which allows applications for certain skilled visas by those in Australia who would normally be barred under section 48.

There are now three skilled visas available for you to apply for, if you find yourself in this position.

 

 The Section 48 Bar – what is it?

The “Section 48 bar” applies to visa holders in Australia, who have had a visa refused or cancelled while they have been in Australia, and there are only a few visas that you can apply for if you are affected by the “48 Bar”.

 

The three new visa options (in addition to those already on the “48 bar” list (see here))  after the amendment are:

I. The Subclass 190, State Nominated Visa

The Subclass 190 visa is a points-based permanent residence visa for skilled workers who are nominated by an Australian State or Territory Government.

 

II. The Subclass 491 Skilled Employer Sponsored (Provisional) Visa

The Subclass 491 Skilled Work Regional (Provisional) visa allows skilled migrants to live, study and work in designated regional area for a period of 5 years. You must receive nomination from a relevant state or territory before you can apply for the visa.

You may apply for permanent residence via the Subclass 191 Visa pathway after you have lived and worked for three years in a regional area. You do not need a nomination to apply for the Subclass 191 Visa.

 

III. Subclass 494.

The Subclass 494 Skilled Employer Sponsored Regional (Provisional)  visa allows employers in regional areas to nominate foreign workers for a five year visa.

After the 494 visa holder has lived and worked in a regional area for three years they can apply for permanent residence via the Subclass 191 Visa pathway without needing to be nominated by your employer.

 

The Government’s official reasons

 Whilst the explanatory statement to the new Instrument states, “This amendment facilitates applications in Australia by applicants who are prevented from leaving due to COVID-19 related travel restrictions but meet all other requirements for making an application for the visa.”, we think it is a positive step by the Department of Home Affairs to get Australian migration moving again, and to start replenishing the skills we so acutely need in Australia following the Covid pandemic.

 

Have you had a visa refused in Australia?

If you have had a visa refused in Australia, and think you may meet the criteria for  any of the visas above, we suggest you book a consultation, to discuss your options and explore with us whether you do meet the requirements for the Subclass 494, 491 or 190 visa.

 

If you currently have no visa,(i.e. you’ve become unlawful) but you had a visa refused prior to your visa expiring, thare’s a chance we may  also be able to assist you to “regularise your status”. We will however need to fully explore your options at a consultation before we can advise you whether this may be an option for you.

 

 

Charisse, Amy, and their team at AHWC have helped me multiple times with my visas throughout the years. They always give great advice, are efficient, and are always quick to respond to any query or doubts you may have with your situation. They’ve also even helped a few of my friends. Highly recommend to anybody!
Amanda Villapando
Amanda Villapando
1. September, 2023.
Shelby was AWESOME I cannot THANK her enough for getting my husbands 309/100 VISA lodged and sorted for us. She was professional, helpful, a calming influence when i would get stressed, and explained the whole complicated process thoroughly so we knew what would happen each step of the way, she was absolutely amazing. Would highly recommend not only Shelby but AHWC Immigration as a whole, you wont be sorry.
VICKI RAGUZ
VICKI RAGUZ
30. August, 2023.
Had such a positive experience with AHWC yet again, kiri was super professional, responsive, helpful & knowledgeable. Everything you need in an immigration lawyer. My visa was approved within a week thanks to her help. 10/10
Dominic
Dominic
29. August, 2023.
AHWC was so helpful in arranging my 820 and 801 Partner Visas, their professionalism in the process was exceptional taking all the pressure off what was a very involved process. I thoroughly recommend AHWC to anyone wanting visas and especially Amy and Clarisa for all the preparation involved in obtaining and processing for Home Affairs.
Qin Feng
Qin Feng
28. August, 2023.
Kiri was absolutely amazing! I honestly can’t recommend her enough!! We processed my papers in June 2023 and my subclass 820 visa was granted today! It only took 2months! How incredible. Kiri made sure everything was in order throughout the whole process. She was so positive and reassuring. This girl knows what she’s doing!!
Sarah Feeney
Sarah Feeney
25. August, 2023.
This review is LONG overdue, but our immi agent Su Jiang is the best. We had submitted all papers for 820 partner visa in November 2022 and were expecting an approval of a temporary visa. But we ended up with an approved PR within three months of document submission. We could hardly believe our eyes when we received the good news via email from her. Su Jiang, is always very prompt with her email responses, gives detailed guidance and was very very thorough in ensuring the documents were all good before submission. Most importantly she is very patient and was there at every step of the process. Thank you so much Si Jiang, we cannot recommend her highly enough.
Latha Segaran
Latha Segaran
22. August, 2023.
I was on a very close deadline with my visa submission and the team at AHWC, particularly Amy and Mancy, couldn't have been more helpful and responsive. Would recommend for anyone needing visa application assistance.
Dylan Theis
Dylan Theis
16. August, 2023.
I applied for the 820-partner visa with AHWC and I must say it was an excellent experience. Charisse, who assisted me with my application, was professional and patient throughout the process. I am very grateful for all the support she provided me.
Milagros Medina
Milagros Medina
15. August, 2023.
Very great service. Worth every penny. Charisse was excellent.
kevin mcgrath
kevin mcgrath
15. August, 2023.

Stay On Top Of The Latest In Immigration News And Changes!


Get one step closer to making Australia home!