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You’re not alone if your visa has been refused in Australia. Now there are 3 more options for you to apply again!
There is a recent legislative Instrument that allows applications for the following visas by those in Australia who are barred under section 48 from applying for other visas whilst in Australia after having a visa refused.
There are now three skilled visas that you can apply for if you find yourself in this position.
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 visas (in addition to those already on the “48 bar” list**) that you can apply for after the amendment are:
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.
You will need a skills assessment in your nominated occupation, and an invitation from the Department of Home Affairs to apply for the visa.
Subclass 491 Skilled Employer Sponsored (Provisional) Visa
The Skilled Work Regional (Provisional) visa (subclass 491) is a points-based visa that allows skilled migrants to live, study and work in a designated regional area for a period of 5 years. You will need a skills assessment in your nominated occupation and you must receive a 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 the regional area.
You do not need a nomination to apply for the Subclass 191 Visa.
Subclass 494
This visa allows employers in regional areas to nominate you for a five-year visa. After you have lived and worked in the regional area for three years you may apply for permanent residence via a Subclass 191 visa without needing to be nominated again by your employer.
You will need a skills assessment in your nominated occupation and an employer to sponsor you.
Explanatory Memoranda
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 migration moving again, and to start replenishing the skills we so acutely need in Australia following the Covid pandemic.
**e.g.,
-
- Partner visas
- Child Visas
- Medical Treatment visas
- Protection visas etc
Are you looking to move to Australia?
AHWC Immigration Law is a leading Australian immigration law firm. We have a team of experts who can help you every step of the way with your visa application. Whether you are looking for a work visa, student visa, or family visa, we can help.
Moving to a new country can be an exciting but daunting experience. Let us take the stress out of the process and help you get your Australian visa approved quickly and easily. With our years of experience in the industry, we know exactly what is required to make your application stand out from the crowd.
