If you have had a visa canceled or refused since last arriving in Australia and you either do not hold a visa (you are unlawful) or you hold a bridging visa, then you may be affected by the section 48 bar. The section 48 bar prevents certain people from applying for visas while they are still in Australia. This means that if someone is subject to the 48 bar, they will be unable to apply for an Australian visa while they remain onshore.
The purpose of the section 48 bar is to limit ‘applicant shopping’, which occurs when applicants attempt to manipulate the migration process by lodging multiple applications with different criteria until one succeeds. The Bar applies only to those who have had more than one application refused or cancelled since their last arrival in Australia.
Section 48 Bar Update
From 13 November 2021, applicants who are subject to section 48 may be able to make a valid visa application onshore for three skilled visa classes. This change is part of the Australian Government’s amendments to the Migration Regulations 1994 (the Regulations). It was announced in October 2020 and is set to take effect on 13 November 2021.
The three visa classes affected by this amendment include
- Subclass 189 Skilled-Independent Visa,
- Subclass 190 Skilled-Nominated Visa and
- Subclass 491 Skilled Work Regional (Provisional) Visa.
These visas are designed for individuals who possess specialised skills that are not met by the local Australian labour market and will help ensure Australia meets its skill shortages.
Also Read About: