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.