Commencing this Saturday (November 13th), three additional visa subclasses are being added to the list of visas available for people who are s48 barred to apply for whilst in Australia.
A person is s48 barred if they are in Australia, have had a visa cancelled or visa application refused, and they do not currently hold a substantive visa.
s48 barred means that the person cannot apply for another visa whilst they remain in Australia, unless the visa they wish to apply for is listed in Regulation 2.12.
The current list of visas available in Regulation 2.12 are:
(a) Partner (Temporary) (Class UK);
(b) Partner (Residence) (Class BS);
(c) protection visas;
(ca) Medical Treatment (Visitor) (Class UB);
(e) Territorial Asylum (Residence) (Class BE);
(f) Border (Temporary) (Class TA);
(g) Special Category (Temporary) (Class TY);
(h) Bridging A (Class WA);
(j) Bridging B (Class WB);
(k) Bridging C (Class WC);
(l) Bridging D (Class WD);
(m) Bridging E (Class WE);
(ma) Bridging F (Class WF);
(mb) Bridging R (Class WR);
(o) Resolution of Status (Class CD);
(p) Child (Residence) (Class BT);
(q) Retirement (Temporary) (Class TQ);
(r) Investor Retirement (Class UY).
The three additional visas being added to the list above from Saturday 13th November are:
- Subclass 190;
- Subclass 491;
- Subclass 494.
Visas 190, 491 and 494 are all State/Territory nominated work visas.
Many States/Territories have been voicing concerns over skill shortages with the closure of the borders. These changes are significant as they will allow States/Territories to nominate skilled workers to remain in their State/Territory where there are skill shortages.
Written by Adam Byrnes
Principal Immigration Lawyer