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Category Archives: General Skilled Migration

October 30, 2021

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Surprise! Section 48 Amended For 3 Visas

Section 48 has now been amended so from the 13th November 2021, those affected by this law to be allowed to lodge a new visa application whilst they remain in Australia. Before this amendment people affected by Section 48 had to leave Australia first before they could apply for most visas. 

The new laws will allow the following skilled visas in the list of visas for which persons subject to section 48 may apply: 

  • Subclass 190 – Skilled Nominated (Permanent);
  • Subclass 494 – Skilled Employer Sponsored Regional (Provisional); and
  • Subclass 491 – Skilled Work Regional (Provisional).

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. 

These applications may also be made by members of the family unit of the person who has been nominated.

Simple English Example

Jim applied for a student visa but was refused. He applied to the AAT for a review of that decision and is on a BVA waiting for his hearing. He is affected by Section 48 because he no longer holds a substantive visa and he has been refused a visa application since he last entered Australia.

Jim applied for NSW 190 state sponsorship and was approved and received an invitation by immigration to apply for the 190 visa. These changes mean that Jim no longer needs to leave Australia in order to apply for the 190 visa! Before these changes, Jim would have to leave Australia so he could lodge the 190 visa because the 190 visa was not on a list of certain visas. Good news for Jim.

This example would be the same if Jim received an invitation for the 491 visa to apply, or if he had an employer to sponsor him for the 494 visa.

You can find the original laws published here

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Karl Konrad