Great News: Visa Holders With a Section 48 Bar can apply for PR in Australia

Immigration News

Non-citizens with a Section 48 Bar are now eligible to apply for some Skilled Visas to remain in Australia following Government legislative changes on 13 November 2021.

Here’s what employers and visa holders should know.

What is a Section 48 Bar?

A Section 48 Bar is a law that in some circumstances restricts a person from applying for all but a few eligible visas while they are in Australia. It applies to non-citizens that:

Do not hold a Substantive Visa (this includes people who hold a Bridging Visa*, Criminal Justice or an Enforcement Visa)
Have had a visa refused or cancelled since last entering Australia

Previously eligible visas were limited to some Partner/Family Visas, Protection Visas, Retirement Visas and Bridging Visas.

If you have had a visa cancelled or refused since last arriving in Australia and you are either unlawful (that is – you do not hold a visa) or you hold a bridging visa you are then in what is called ‘section 48 bar’.

If you are ‘section 48 barred’ you are prevented from lodging most other visa applications while you are in Australia (there are some very limited exceptions). This means that you would normally need to leave Australia.

Becoming unlawful in Australia or overstaying your visa can negatively affect future visa applications and eligibility for citizenship.

If you are ‘section 48 barred’ you are prevented from lodging most other visa applications while you are in Australia (there are some very limited exceptions).

This means that you would normally need to leave Australia.

Becoming unlawful in Australia or overstaying your visa can negatively affect future visa applications and eligibility for citizenship.

Changes to Migration Act – Section 48 bar

From 13 November 2021, a S48 Bar waiver is available for skilled visa applicants for

• Skilled Work Regional visa (subclass 491)

• Skilled Nominated visa (subclass 190)

• Skilled Employer Sponsored Regional visa (subclass 494).

This means that Section 48 bar applicants can apply for sc190, sc491 and sc494 visas Onshore from the above date.

Bridging Visa Holders and Others With a Section 48 Bar now eligible to apply for PR

In the past, many people subject to a Section 48 Bar were forced to leave Australia because they were not eligible to apply for the limited number of visas to which the bar did not apply (such as Partner Visas).

The changes provide visa holders with a Section 48 Bar (many of whom are already working in Australia) the option to apply for Skilled Visas to remain in the country. The benefits are that:

Visa holders with a Section 48 Bar no longer need to depart Australia at a time of COVID-19 travel restrictions to apply for some Skilled Visa and businesses can engage these visa holders for work without the uncertainty of travel arrangements.

These visa holders can now apply for a Permanent Residence (PR) pathway through the 190 and 491 Independent Skilled Visas or the 494 Employer-Sponsored Regional Visa while they are in Australia. PR pathways have become even more valuable to migrants during the pandemic and are an option for businesses needing to retain global talent – particularly if they are facing skills shortages.

If you need to discuss your matter please book a time to speak to our experienced Migration Lawyers

Need help with getting Australian Visas or Visa Appealing?

NO BORDERS LAW GROUP: #1 TRUSTED MIGRATION LAWYERS

Email: service@noborders-group.com

Tel: +61 (07) 3876 4000

Consultation: https://www.noborders-group.com/form/free-consultation

We will help you by exploring visa options and securing applications. We will assess the eligibility of the application for a partner visa, and provide you with detailed advice on your chances of success. If you would like to discuss your visa options and evaluate the pathway to permanent residency, please make an enquiry or book a consultation to get expert advice with one of our knowledgeable and experienced Migration Agents/Lawyers on 07 3876 4000 or email: service@noborders-group.com.

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