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Section 48 Bar Waiver is Available for Skilled Migration Visas

 

Onshore visa applicants subject to Section 48 Bar and affected by COVID travel restrictions can lodge an application for subclass 190, 491 or 494 starting from 13 November 2021.

 

Section 48 bar applies to applicants

  • who have had a visa refused or cancelled

  • who are unlawful (not holding a visa)

  • who are holding a bridging visa

since their last entry into Australia.

 *This is to prevent those people to apply for another visa of most types while still in Australia.

 

Before the amendment:

  • People who have had a visa refused (“section 48 barred”), have to go offshore to lodge the visa

  • Difficulty:

    • COVID-induced restrictions and the lack of international flights

    • Unsure about the returning date until a travel exemption (which is hard to acquire) is granted

 

After the amendment:

  • People can stay in the job onshore and apply for permanent residency through subclass 190, 491 or 494

 

Skilled visa subclasses involved:

  • Subclass 190 - Skilled Nominated visa

  • Subclass 491 - Skilled Work Regional (Provisional) visa

  • Subclass 494 - Skilled Employer Sponsored Regional (Provisional) visa