A legislative amendment instrument has been registered on 29 Oct 2021. The relevant instrument is Home Affairs Legislation Amendment (2021 Measures No. 2) Regulations 2021 
.
This instrument amends Regulation 2.12 of the Migration Regulation 1994 by adding 3 visa classes:
- Subclass 190 (Skilled—Nominated) visa
- Subclass 491 (Skilled Work Regional (Provisional)) visa
- 494 Skilled Employer Sponsored Regional (Provisional) Visa
The above change will come into effect on 13 November 2021. This essentially means that the potential applicants of Subclass 190, 491 and 494 visas who are subjected to the section 48 bar can apply for any of these visas onshore (without the need to leave Australia) from 13 November 2021.
A person who is subjected to Section 48 bar generally has to leave Australia in order to lodge a visa application.
What is Section 48 bar?
- Section 48 of the Migration Act 1958 apply to a person who:
- does not hold a substantive visa; and
- are in Australia and had a visa refused or cancelled;
- A person who are subjected to Section 48 generally cannot submit visa application while in Australia except for certain the types of visa listed in Regulation 2.12 of the Migration Regulation 1994 .
- The following is a list of visas where a person subjected to Section 48 can submit while in Australia without the need to leave Australia:
- Subclass 820 Partner (Temporary) visa
- Subclass 801 Partner (Permanent) visa
- Protection Visas
- Subclass 602 Medical Treatment visa
- Subclass 800 Territorial Asylum visa
- Subclass 773 Border visa
- Subclass 444 Special Category visa (SCV)
- Subclass 773 Border visa
- Subclass 010 Bridging A visa
- Subclass 020 Bridging B visa
- Subclass 030 Bridging C visa
- Subclass 040 & 041 Bridging D visa
- Subclass 050 & 051 Bridging E visa
- Subclass 060 Bridging F visa
- Subclass 070 Bridging R visa
- Subclass 851 Resolution of Status visa
- Subclass 802 Child visa
- Subclass 837 Orphan Relative visa
- Subclass 410 Retirement visa (closed to new applicants)
- Subclass 405 Investor Retirement visa (closed to new applicants)
- Subclass 190 (Skilled—Nominated) visa (effective 13 Nov 2021)
- Subclass 491 (Skilled Work Regional (Provisional)) visa (effective 13 Nov 2021)
- 494 Skilled Employer Sponsored Regional (Provisional) Visa (effective 13 Nov 2021)
- Subclass 820 Partner (Temporary) visa
Why this change?
This amendment recognises that the travel limitations imposed by many countries in response to the COVID-19 pandemic, may have affected some non-citizens in Australia who are barred by section 48 of the Act from making an application for a visa while they remain in Australia but who have been nominated or sponsored for one of the above visas.
Are You Subjected to Section 48 Bar? Not Sure What To Do?
Worry not! Book a consultation with Ausdirect Migration today. Rest assured, we will assist you in navigating every step of the process during your migration journey.
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