s48 Bar lifted for subclass 491 and 494 and 190 Visas as of 13 November 2021. 

As many know I have been a member of the peak immigration law bodies – the Migration Law Committee of the Law Institute of Victoria since 2003 and the MD of the Victorian Immigration Solicitors’ Alliance: VISA, and a member of the Law Council of Australia for many years. 

Consequently it gives me great satisfaction when such groups bring about real change in the law and the lives of migrants and refugees.

It is one such recent change is the lifting of the bar due to section 48. As set out in Home Affairs Legislation Amendment (2021 Measures No. 2) Regulations 2021  http://www.legislation.gov.au/Details/F2021L01483/Explanatory%20Statement/Text

Summary: Section 48 prevents people who have a visa refused or cancelled, and currently hold a bridging visa, from applying for any visas other than a limited list of prescribed visas. The amendments allow onshore applicants to lodge three skilled sub classes of visas. The list of prescribed visas has now been expanded to include:

  • 491 Visa – Skilled Work Regional (Provisional) visa
  • 494 visa – Skilled Employer Sponsored Regional (Provisional) visa
  • 190 Visa Skilled Nominated visa

Regional (491 & 494) Visas

Covid-19 has brought about the re-think

The Explanatory Statement from the Federal Government make is clear that the effect of the Covid-19 pandemic is a reason for the changes.

Although this will help many – some still miss out:

To be able to apply for the 190, 491 or 494 visas, you need to hold a substantive visa or a bridging visa A, B or C. Those that hold a Bridging Visa E will not be able to apply for the 190, 491 or 494 visas.  

So if you or anyone you know has been barred due to s48 talk to us. Book an initial 30 minute consultation for a flat fixed fee for the initial 30 minutes to discuss your issue with a Master Migration Lawyer. Book a consultation

Book a Consultation

Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 minute consultation at our Melbourne office. (conditions apply)

For more go to www.arlaw.com.au