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Section 48 Bar: A Guide For Bridging Visa Holders Affected By Section 48 Bar Seeking 491, 494 and 190 visas [Updated 2022]

Nilesh Nandan · November 14, 2021

Home » Immigration Guides » Section 48 Bar: A Guide For Bridging Visa Holders Affected By Section 48 Bar Seeking 491, 494 and 190 visas [Updated 2022]

On This Page...

  • Get Section 48 Help Here
  • Section 48 problem
  • The big s.48 change
  • Remember

Get Section 48 Help Here

Section 48 problem

If you are in Australia and since last arriving in Australia you have had a visa refused or a visa cancelled then you are subject to section 48 of the Migration Act which significantly limits your ability to make any further application in Australia.

If you are lucky enough to receive an invitation to lodge a skilled migration visa, nominated by a state or territory, there is a real problem. You are likely not to be able to travel outside Australia because of travel restrictions because of COVID-19 or similar events.

If you are unable to exit Australia to lodge your offshore application, you might run out of time to accept the invitation to apply and make the required skilled migration application.

The big s.48 change

On 28 October 2021 and section 48 problem was significantly changed. Some relief was afforded to people who are invited to lodge a subclass 491 or subclass 494 or subclass 190 Visa.

Being able to lodge a visa is only one step. You’ll also need to meet criteria at the time of application and then meet another set of criteria at the time a decision is made on your visa application.

If you hold a bridging visa BVE and BVB and BVC holders this change will be very useful. If you hold a BVE, then this latest development would be very useful to you. (BVE is not a qualifying visa for 491, 494 or 190)

Remember

Remember that Section 48 only applies to applicants inside Australia and who do not hold a substantive visa. Don’t panic if you have a substantive visa!

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Reader Interactions

Comments

  1. Vanessa says

    January 26, 2021 at 10:16 pm

    can I arrange a 10 min call?

    Reply
    • Bernard cheres says

      December 8, 2021 at 9:01 pm

      Yes thanks 0421977001 Ben we have refusal and we’re in visa E but can we qualify for section bar 48 we have someone to sponsor

      Reply
      • Nilesh Nandan says

        December 10, 2021 at 6:29 am

        Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute

        Reply

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Nilesh Nandan has previously been nominated to work alongside other leading experts to provide strategic advice to the Australian Government's Department of Home Affairs including potential reforms to the legislative framework governing the industry. Views expressed on this web site are his own and do not reflect the views of the Migration Advisory Group.