The Department of Home Affairs has amended the legislation to provide s48 barred applicants with additional visas that may be applied for onshore and currencies for payment of citizenship fees.
Currently, Section 48 of the Migration Act provides that if your visa has been refused or cancelled while in Australia, you cannot apply for another visa while onshore except in very limited circumstances. The upcoming amendments will provide further options for applicants to apply for a visa without needing to go offshore.
Changes to Schedule 1
Regulation 2.12 prescribes a list of visa classes that applicants who have been s48 barred for having been refused a visa or having a visa cancelled while onshore may apply.
As of 13 November 2021, the following additional visa classes will be added to this list:
- Skilled—Nominated (Permanent) (Class SN) (Subclass 190)
- Skilled Work Regional (Provisional) (Class PS) (Subclass 491)
- Skilled Employer Sponsored Regional (Provisional) (Class PE) (Subclass 494)
The amendment will facilitate applications for s48 barred applicants who are unable to travel offshore due to COVID-19 related travel restrictions or for other reasons to make a further application onshore.
This concession is only available to the above visa subclasses.
Changes to Schedule 2
As of 1 January 2022, the introduction of the new Instrument will update the currencies and conversion rates for citizenship applications for 2022. This will replace the current Instrument 21/003.
If you would like any further information regarding the upcoming amendments to the legislation or for assistance with your matter, please contact our office.