Section 48 Bar is Now Lifted for 190, 494, and 491 Visa Application

November 2021 has started with great news, the Department of Home Affairs (DHA) gave an update that they lifted the section 48 bar for three Australian skilled Visa subclasses, namely:

• Subclass 491 – Skilled Work Regional (Provisional) visa
• Subclass 494 – Skilled Employer-Sponsored Regional (Provisional) visa
• Subclass 190 – Skilled Nominated Visa

Meaning, if you are facing section 48 bar, you may still be eligible to apply for one of these visa subclasses onshore.

Find more details below.

What is Section 48 Bar?

If your visa is refused or cancelled while in Australia, you are subject to restrictions under Section 48 of the Migration Act. The section 48 bar is a process or result that can significantly affect your eligibility to remain legally in Australia. It bans you from applying for another visa or applying for a visa multiple times while in Australia.

Suppose you are in Australia and do not currently hold a substantive visa, or your substantive visa application has been refused or cancelled, in that case, you will be subject to Section 48 of the Migration Act.

If section 48 applies, you will be unable to apply for another substantive visa in Australia, except for a few visa categories. You may be able to apply for another visa from outside Australia if you leave the country.

Find more about What the Section 48 bar means here.

Are you eligible for an Australian Skilled Visa while affected by Section 48 Bar?

You are now have a broader visa option, considering the update where the section 48 bar is lifted for three Australian skilled visa subclasses, namely:

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

However, you must still check your eligibility for these visa subclasses.

Visa 190 Eligibility

To be eligible for Visa 190, you must:

• Be invited by the Australian Federal Government to apply for Visa 190;
• Be nominated for Visa 190 by an Australian state or territory government agency;
• Have a relevant and positive skills assessment;
• Must be under 45 years old when you are invited to apply for the visa;
• Be able to score at least 65 points in SkillSelect;
• Have at least competent English proficiency;
• Meet the skills requirement, meaning your occupation must be on the relevant list of eligible skilled occupations for Visa 190;
• Meet the health and character requirement;
• Have paid back your debt to the Australian government;
• Sign the Australian values statement.

Visa 494 Eligibility

Visa 494 has three different subclasses with different requirements for each subclass. In general, to be eligible for visa 494, you must:

• Be under 45 years old when you apply for Visa 494;
• Be nominated by an approved sponsor or working under a labour agreement;
• Have relevant skills, qualifications and work experience;
• Have a positive skills assessment;
• Have at least Competent English proficiency;
• Meet the health and character requirement;
• Have paid back your debt to the Australian government;
• Sign the Australian values statement.

Visa 491 Eligibility

To be eligible for Visa 491, you must:

• Be invited to apply for Visa 491 by the Australian Federal Government;
• Be nominated by an Australian state or territory government agency or indicate an eligible relative will sponsor you;
• Be under 45 years old when you are invited to apply for Visa 491;
• Have a suitable skills assessment;
• Be able to score at least 65 points in SkillSelect;
• Have at least Competent English proficiency;
• Have an occupation on the combined list of eligible skilled occupations for visa 491;
• Meet the health and character requirement;
• Have paid back your debt to the Australian government;
• Sign the Australian values statement.

If you wish to check your eligibility, don’t hesitate to contact us via email at [email protected] or phone at 1300 827 159.

How will the update help Australia in addressing the skills shortage?

By looking at the update for section 48 bar, you can apply for an Australian skilled visa onshore; if you are highly qualified for a skilled Australian visa despite being subject to section 48 bar.

The changes will allow Australian states or territories to fill the critical skills gap which got worse during the pandemic. Hence, the changes will bring a win-win situation for both Australia’s economy and the migrants.

Still get confused about changes?

Being imposed a section 48 bar will make your visa application more complex. It’s best to get professional advice and assistance to avoid a second refusal or cancellation.

We also fully understand that applying for a visa to Australia is certainly very complicated. It is even more challenging during the COVID-19 pandemic. Our visa specialists at ONEderland Consulting will help you assess your visa options. We have a 98% success rate and are one of Australia’s most highly recommended migration agents. Read our 4.9* score customer reviews.

We are complex visa specialists. As registered Australian migration agents with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the Migration Agents Registration Authority.

Take the first step and get in touch with us. Our team members are professional, honest and speak various languages such as Mandarin/ Chinese, Bahasa Indonesia, Arabic, Japanese, Polish, German and Russian. Contact us through email at [email protected] or via phone on 1300 827 159. Alternatively, you may book your consultation online, and it is backed by our 100% Money Back Guarantee Program.