November 24, 2021

New exceptions to the bar on onshore applications

A lot of people don’t realise this but if you are refused a visa while onshore in Australia while holding a bridging visa that is in effect, you are effectively prevented from applying for another visa while you are here. The part of the Migration Act 1958 (Cth) that sets this out is section 48. 

The Migration Regulations 1994 (Cth) prescribes that only a few visas as exceptions that can be applied for by a person affected by s 48.  

As of 30 October 2021 the government has amended this regulation to add a few more visas. 

Namely the subclass 190 Skilled—Nominated (Permanent) (Class SN) visa, the subclass 491 Skilled Work Regional (Provisional) (Class PS) visa and the subclass 494 Skilled Employer Sponsored Regional (Provisional) (Class PE) visa.

As a result of this change from 13 November 2021 persons affected by s 48 can apply for these visas while still in Australia. 

Although quite a technical amendment in migration law this is massive news and will help many skilled workers stay in Australia! 

If you would like more information, please do not hesitate to contact us today.

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