Applicants with S48 imposed on them can now roll a sigh of relief. The Federal Government of Australia has amended the legislation to permit S48 barred applicants to apply for specific Australian visas onshore. From 13 November 2021 onwards, these applicants can apply for Visa Subclass 491, 494, and visa 190.
According to Section S48 of the Migration Act of Australia, any applicant who has a record of refusal or cancellation of a visa while being physically present in Canberra, Australia cannot make another onshore visa application. In that case, applicants need to go outside Canberra, Australia and then lodge the application.
Though, after the Australian Government imposed COVID-19 restrictions on international travel, many immigrants lost the opportunity to apply for visas despite getting invitations. It happened due to S48 enforcement. As a result, only individuals and permanent residents could return from overseas.
Some visa applications do not fall under the S48 barred. For example, applicants are allowed to make onshore applications for Protection Visa, Partner Visa 820, Special Category Visa and 801, Child (Residence) Visa, and all Associating Visas.
But, this decision by the Federal Government has marked a new commencement in the history of Australian immigration. For the first time, applicants can apply for Visa Subclasses 491, 190, and 494. For further information and updates, you can always get in touch with migration experts at ISA migrations and education consultants.
The Federal Australian government has amended the legislation to allow people with S48 barred to apply onshore for certain visa subclasses.
People with S48 barred will be capable to lodge for visa subclass 494 or 190 or 491 onshore from 13 November 2021.
Department of Home Affairs has amended the legislature to facilitate these changes.
Section 48 of the Migration Act says if your visa has been refused or cancelled while in Canberra, Australia, you cannot apply for another visa while in Canberra, Australia. So the applicants want to go overseas only to lodge the application.
However, many immigrants lost a chance to lodge their visa applications regardless of receiving invites due to S48 being barred after Canberra, Australia imposed Coronavirus restrictions on international travel. As a result, only permanent citizens and residents can return from overseas.
If you have had a visa cancelled or declined since last arriving in Australia and you are either unlawful or you hold a bridging visa you are then in what is called S48 barred.
If you are S48 barred you are prevented from lodging most other visa applications while you are in Australia (there are some very limited exceptions). This means that you would normally need to leave Canberra, Australia.
Becoming unlawful in Canberra, Australia or overstaying your visa can negatively affect future visa applications and eligibility for citizenship.
From 13 November 2021, S48 barred waiver is available for skilled visa applicants for subclasses: sc190, sc491, and sc494. This means that S48 barred applicants can apply for sc190, sc491, and sc494 visas onshore from the above date. If you need to discuss your matter contact us now.
