Highlights
- Australia lifts section 48 bar for onshore visa applicants affected by COVID-travel restrictions
- Onshore visa applicants subject to the s48 bar can now apply for three skilled visas
- Onshore applicants can now lodge applications for subclass 491, 494 or 190
In a reprieve for thousands of visa applicants affected by the section 48 (s48) bar, the federal government has amended its migration regulations to allow those onshore to lodge applications for select skilled visa subclasses, which include:
- Subclass 491 - Skilled Work Regional (Provisional) visa
- Subclass 494 - Skilled Employer Sponsored Regional (Provisional) visa
- Subclass 190 - Skilled Nominated visa
In its explanatory statement, the Department of Home Affairs states that 'this amendment facilitates applications in Australia by applicants who are prevented from leaving due to COVID-19 related travel restrictions but meet all other requirements for making an application for the visa'.
Adelaide-based migration agent Mark Glazbrook hailed the government's move.
Australia lifts Section 48 bar for onshore visa applicants Source: Getty Images/Aaftab Sheikh
Mr Glazbrook, who spearheaded a seeking a 'temporary amendment' to the s48 bar, said it is wonderful to see that Regulation 2.12 has been amended after months of uncertainty and anxiety.
"This now allows genuine skilled migrants the opportunity to apply onshore for a subclass 190, 491 or 494 skilled migration visa even if they are affected by section 48 of the Migration Act.
"Given the travel restrictions imposed during COVID and the unintended consequences this had on many aspiring skilled migrants, this is a significant milestone," he said.
What is s48?
The section 48 bar applies to applicants who are in Australia without a substantive visa and have had a visa refused or cancelled since their last entry into the country.
In usual circumstances, applicants barred by this section need to leave Australia before applying for a visa barring some limited exceptions.
But COVID-induced restrictions meant prospective visa applicants and those who could secure an invite for the state nomination could not exit the country due to lack of international flights. At the same time, those who could leave could only re-enter after getting an inward travel exemption, which is hard to come by.
'I wish the waiver was announced sooner'
Caught in this situation was Darwin-based chef Gurjinder Singh, who was subject to s48 bar after his application for a Migration Scheme visa (subclass 187) was refused in 2017.
Gurjinder Singh, who was subject to s48 bar had to leave the country to lodge a new visa. Source: Supplied by Gurjinder Singh
The 27-year-old, an admin of the Facebook group , said that when the government banned the entry of temporary visa holders in March 2020, he could have endured an endless wait or left the country to lodge another visa.
"When all doors closed, I took the risk to travel offshore in October after getting my skills assessment done for the occupation of a chef and applied for a Temporary Skills Shortage Visa (subclass 482) from India," he said.
While Mr Singh has now secured a visa, being a temporary migrant, he, like hundreds of others, still has no pathway to return other than trying his luck at getting an inward exemption from the Australian Border Force.
"I have received five rejections on my exemption requests. Having no choice, I ended up spending over $25,000 to travel overseas and applying for a new visa. The government's reprieve for those affected by the s48 bar is a step in the right direction, but I wish it had come sooner for people like me," he added.
'S48 waiver will help Australia in addressing skills shortage'
Sydney-based migration agent Rajwant Singh said the government's move is in the interest of the Australian economy and would go a long way in addressing the acute skills shortage, particularly in regional areas.
S48 waiver is aimed at supporting the Australian economy, says migration agent Rajwant Singh Source: Unsplash
"Most visa applications subject to s48 bar are highly skilled individuals who meet the requirements for skilled visa pathways. The waiver will allow all states, many of whom had stopped nominating these applicants, to take advantage of those onshore to fill the critical skills gap made worse by the pandemic.
"The government does not want to let go of these skilled migrants, particularly when employers, especially in regional areas, are struggling to hire people with experience to run their businesses. So, it's a win-win for both - the economy and the migrants," he said.
Mr Singh, however, warned that this could be a temporary relief and encouraged eligible onshore applicants to apply for suitable pathways at the earliest opportunity.
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