New Options for Migrants with Visa Refusal or Cancellation

As of 13 November 2021, migrants who have had a visa refused or cancelled in Australia will be able to apply for certain visas while still in Australia.

Usually, migrants who have had an application refused while holding a Bridging Visa, or have had their visa cancelled under certain circumstances, are subject to 'Section 48' or S.48 of the Migration Act, which places a bar on applying for most visa while they remain in Australia. This is to prevent repeat applications from migrants who do not otherwise meet visa requirements.

Until now, only Protection and Partner visas could be lodged despite the S.48 bar.

From tomorrow, migrants will be able to submit applications for the following visas:

  • Subclass 190 Skilled Nominated (Permanent) (Class SN)
  • Subclass 491 Skilled Work Regional (Provisional) (Class PS)
  • Subclass 494 Skilled Employer Sponsored Regional (Provisional) (Class PE)

State and Territory Governments will be able to issue invitations for the 190 and 491 visas without requiring S.48 applicants to depart Australia for lodgement.

Changes were made to facilitate applications to be made in Australia by those affected by COVID-related travel restrictions. Two of the three visa types (the 491 and 494) are focused on regional migration, and keeping migrants in regional areas of Australia. The 190 comes with obligations to live and work in your nominating State or Territory, bringing skills to areas of need.

This is particularly good news for migrants in Australia who are awaiting an appeal at the AAT, as there may be faster and more viable alternative options available.

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