Milestone Migration

Australia lifts S48 bar for subclass 491, 494 or 190 onshore applicants

Australia lifts S48 bar for subclass 491, 494 or 190 onshore applicants

Onshore applicants affected by the section 48 bar and COVID-travel restrictions can now lodge applications for the following skilled migration visas:

Subclass 491 – Skilled Work Regional (Provisional) visa
Subclass 494 – Skilled Employer-Sponsored Regional (Provisional) visa
Subclass 190 – Skilled Nominated visa

Section 48 of the Migration Act stops people who have had refusals and visa cancellations since last entering Australia from applying for another visa while still in Australia. Historically there were only very limited visa options available for those individuals affected by section 48 Now, onshore skilled migration visa applicants don’t have to leave Australia to apply for one of these visas which is a great relief to so many.

Minister Alex Hawke stated, “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.”

Applicants will still be required to hold a ‘substantive visa’ or a Bridging Visa A, B or C. Applications are not possible for individuals holding a Bridging Visa E.

The Department of Home Affairs has implemented this change effective 13 November 2021.

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