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Visa Holders With a Section 48 Bar can apply for PR in Australia

Visa Holders With a Section 48 Bar can apply for PR in Australia

Section 48 Bar can apply for PR in Australia

In case, your visa was rejected or canceled and are currently having a Bridging visa, then section 48 bars you from applying for a further visa application when you are in Australia. Section 48 is applicable for the applicant when he/she is currently staying in Australia without a ‘substantive visa’. A bridging visa would be a non-substantive visa that means Section 48 is applicable in case you face visa refusal or cancellation after entering Australia.

What Is Section 48 Bar?

Section 48 bar is a law that restricts a person from applying for all visas in certain circumstances but can ask for a few eligible visas when they are in Australia. This is not applicable for the visitor visa, student visa or working visa, etc. because all of these are substantive visas, and the categories that came under the section 48 bars include:
  • Criminal justice visa
  • Bridging Visa
  • Enforcement Visa
Section 48 is not applicable for you in case your visa is refused related to the bridging visa application or the visa got rejection due to character requirements under Section 501 Migration Act.In simple words, when your visa is canceled or refused since last arriving in Australia, then lawfully you can’t stay or you have a Bridging visa to make you stay and that is called ‘section 48 bar’. With section 48 barred you are not eligible to lodge the visa applications which clearly shows that you have to leave Australia or if you are staying there unlawfully, then this will directly affect the future visa applications or if you are seeking Australian PR.

Amendments To Migration Act- Section 48 Bar

An S48 Bar waiver is there for the Skilled Visa Applicants from 13 November 2021 and they are:

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

This shows that applicants for the Section 48 bar can now apply for SC 190, SC 491, or SC 494 from the above date.

Section 48 Bar Holders Or Bridging Visa Holders Are Now Eligible To Apply PR

  • Earlier than this announcement, many people were forced to leave Australia because of their non-eligibility to apply for some visas having restrictions with bar visas. With amendments done to the Section 48 bar, the options are there to apply for skilled visas to stay in Australia. After restrictions are uplifted one can enjoy several benefits including:
  • Visa holders with Section 48 bar are not required to leave Australia at a time of COVID-19 travel limitations to apply for skilled visas. Also, businesses can rely upon the visa holders for work and they need not make any travel arrangements during the time.
  • Applicants with S48 can now seek PR (permanent residence) pathway using SC 190 and SC 491 independent Skilled Visas or SC 494 employer Sponsor Regional Visa when they are in Australia. During pandemics, these PR pathways become more valuable for the migrants. With amendments in the S48, now these skilled migrants have options for businesses as globally these are skill short and want to retain global talent.

Conclusion – Many people want to work and live in Australia due to huge business and career opportunities if due to some reasons if your visa is rejected or refused after reaching Australia, then you have the S48 bar which allows you with the bridging visa with that you can stay in Australia. There are some changes made in recent times with that you can ask for PR in Australia.
You can seek professional advice in this matter from a registered migration agent in Australia. Education Embassy is one of the top migration agents in Brisbane. Our team of immigration and education consultants helps you explore visa options and secure applications. If you wanted to discuss the visa options and evaluate the pathway to PR, then can book a consultation and ask for expert advice from one of our experienced and erudite Migration agents. Contact us today!

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