From 13 November 2021, subclass 190, 491 and 494 will be included as new exemptions for s48 bar.
What is s48 bar?
Under s48 of the Migration Act 1958, any non-citizen who does not hold a substantive visa and has had a visa cancelled or refused whilst they last entered Australia cannot validly lodge any further visa applications whilst they are still in Australia. Previous exemptions to this s48 bar included (but not limited to):
- Partner visa
- Bridging visas
- Medical Treatment visas
- Protection visas
A person affected by s48 bar must leave Australia and make any further visa applications for a visa for Australia from outside of Australia, unless the visa fits within one of the prescribed exemptions.
New Exemptions for s48 bar commencing from 13 November 2021
Starting from 13 November 2021, 3 new exemptions were included. These were:
- Subclass 190 – skilled nomination (permanent)
- Subclass 494 – skilled employer sponsored regional (provisional)
- Subclass 491 – skilled work regional (provisional)
These new exemptions recognises that the travel limitations imposed worldwide due to the COVID-19 pandemic may have impacted those who are stuck in Australia whilst being s48 barred but have been nominated or sponsored for one of the above types of visas.
The new exemptions for s48 bar allows those who have been either sponsored by a regional employer, nominated by a state/territory or nominated by a family member who resides in a regional area to make a valid visa application whilst remaining onshore. This exempts them from having to make an application from outside of Australia.
What is the difference between the 3 types of visas?
We have prepared a summary table for the similarities and differences between the 3 types of visas:
| Visa Type | Regional Area? | Type of Sponsor | Points Test? | Skills Assessment? |
| Subclass 190 |
No – it can be anywhere |
State/Territory Government |
Yes |
Yes |
| Subclass 494 | Yes | Regional Employer | No | Yes |
| Subclass 491 | Yes |
|
Yes | Yes |
If you have ever been refused or cancelled a visa in Australia then you may be s48 barred. These new exemptions for s48 bar may be very useful for you as it increases your options if you do not wish to leave Australia.
You may consult with us to find out more.
Need to consult with us? Book an appointment today.
Our team will give you expert advice that has been specifically tailored to your case.
Successful Cases
Bridging The Gap: Bridging Visa B Granted on Day of Submission
Yesterday
Third Time’s the Charm: Brightstone Secures Visa After Two Previous Refusals
Yesterday
Domestic Violence: Passed character requirements/VACCU
31 August 2023
Visa granted to a dependent above 26 years old
17 August 2023
Schedule 3 requirement and family violence in partner visa
22 June 2023
Overstayed visa for 1.5 years
25 November 2022Related news
How Immigration Lawyers Help Navigate Australia's Complex Visa System
New Designated Area Migration Agreement for Western Australia
1 July 2024: Upcoming Changes To Australian Immigration
How we will help
Free Assessment
Please call us or fill in the questionnaire here for a free initial assessment. After a simple communication, we will understand your concerns and visa requirements in detail, and then provide a timely and comprehensive professional consultation with tailor-made plans.
Consultation
Our consultations are typically 45-60 minutes long, which allows us to provide you with a detailed strategy to address the needs and concerns you raised with us during the initial call.
Our fee is $300 + GST for the full session. You can book in a consultation by calling us, emailing us or filling in the Contact Us form.
Developing and Managing a Strategy
During our consultation session, we will go through in more detail your background and circumstances to ensure that we can provide a tailored solution to your problems and making sure that you meet all the legal requirements. If we notice any potential issues, we will also immediately formulate a solution.
We’ll also balance time required, cost and difficulty and allow you choose the most appropriate strategy. We will then attend to all visa application matters on your behalf.