Australia allows applicants affected by the ‘Section 48 bar’ to apply for key Skilled Visas

The Government of Australia has applied amendments to the Migration Act 1958 to allow immigrants subject to a 'section 48 bar' to lodge a visa application from within Australia, for a few key skilled visa subclasses. This legislative amendment will mean section 48 will no longer be a hurdle to the onshore skilled immigrants applying for the state nomination under key skilled nominated visa categories.

Section 48 bar no longer a barricade

With effect from November 13, 2021, onshore candidates affected by the section 48 bar can apply for the below three skilled visas:

• Skilled Work Regional visa (subclass 491)
• Skilled Nominated visa (subclass 190)
• Skilled Employer Sponsored Regional visa (subclass 494).

Consequently, the candidates presently subject to a section 48 bar for the subclass 491 and 190 visas no longer need to provide confirmation they will be travelling offshore to submit their visa application, when applying for state nomination.

Also read- State Nomination Pathway for Immigration to Australia

State nomination programs in Australia

The various states in Australia get the allocation from the federal government every year to nominate the foreign skilled professionals for key skilled visa categories, i.e.

• Skilled Nominated Visa Subclass 190
• Skilled Work Regional (Provisional) Visa Subclass 491

Every state has its own Skilled Occupation List, based on which register the foreign applicants, assess them and subsequently issue the ITA (Invitation to Apply) for relevant visa category.

South Australia’s Skilled Migration Program has confirmed this amendment as well. The Immigration SA has welcomed the change and confirmed that people applying for SA nomination from within the state will no longer be constrained under the section 48 bar.

If you wish to get further clarification or need assistance to apply for relevant skilled visa, PR visa, state nominated visa, study visa, family sponsored visa, etc. in Australia this year you may contact Visas Avenue.

You may contact VA Australia Migration Expert on Toll-Free No. 78-18-000-777 or you can drop us an e-mail at info@visasavenue.com.

- Rajneesh Kumar