New Visa Application after s48 Bar.
Section 48 Bar (S48 Bar).
When an applicant has had a visa refused, or cancelled, in Australia, this can lead to to the implementation of a Section 48 bar.
This bar automatically applies to people who have had a visa cancelled or made a visa application which has been refused.
When this happens, the ‘section 48 Bar’ stays in operation for as long as you remain in Australia.
This s48 Bar does not stop those applicants from leaving Australia, and applying for a visa while outside Australia, and then returning to Australia to wait for the decision of that new visa application.
This is a statement from www.migration.sa.gov.au dated 22 April 2020.
If you are affected by a section 48 bar, you must only submit a state nomination application once you satisfy Schedule 1 of the Migration Regulations and are able to lodge a valid visa application offshore.
In response to COVID-19 issues, a change was made in November 2021, which permitted some applicants, that are subject to a section 48 bar, to make a new visa application while still in Australia.
A statement from South Australian Migration department, www.migration.sa.gov.au, on 11 November 2021, showed this update:
The Australian Government has amended the Migration Act 1958 to allow applicants subject to a ‘section 48 bar’ to lodge a visa application from within Australia, for certain skilled visa subclasses.
From 13 November 2021, onshore applicants affected by the section 48 bar can apply for the following three skilled visas:
- Subclass 190 Skilled Nominated (Permanent)
- Subclass 491 Skilled Work Regional (Provisional)
- Subclass 494 Skilled Employer-Sponsored Regional (Provisional)
These rule changes may revert back to normal at some stage after COVID.
This change was brought in due to:
Under the S48 provision, applicants refused a visa while onshore could have left Australia and applied for a different visa while offshore. However, during the travel restrictions caused by COVID-19, this made that option very difficult. At one stage needing a travel exemption to be able to return.
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