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 Open Link in New Tab.

This instrument amends Regulation 2.12 of the Migration Regulation 1994 Open Link in New Tab by adding 3 visa classes:

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.

Section 48 bar lifted for Skilled Visas (Subclass 190, 491 & 494)

What is Section 48 bar?

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 Open Link in New Tab today. Rest assured, we will assist you in navigating every step of the process during your migration journey.


Australian Skilled Migration Pathways

Visa to Work in Australia

190 Skilled Nominated Visa

491 Skilled Regional (Provisional) Visa

⇒ Is it worth to use a Registered Migration Agent to manage General Skilled Migration visa application?