The Australian Government has made some amendments to the Migration Act 1958. The changes to Migration Act will allow applicants subject to ‘section 48 bar’ to apply for certain skilled visas from within Australia.
Onshore applicants affected by the section 48 bar can apply for the 3 skilled visas from the 13th of November 2021. These skilled visas include;
- Skilled Work Regional visa (subclass 491)
- Skilled Nominated visa (subclass 190)
- Skilled Employer-Sponsored Regional visa (subclass 494)
The legislative amendment will result in section 48 no longer being a barrier for onshore skilled migrants seeking state nomination in South Australia. Consequently, applicants currently subject to a section 48 bar for subclasses 491 and Visa 190 will no longer be required to show evidence to travel outside South Australia to lodge their visa applications when applying for South Australian state nomination.
Skilled Work Regional Visa 491
Skilled work regional visa is a provisional visa. It’s offered to skilled international employees who want to work in regional Australia. Visa 491 allows people to live in Australia for 5 years. It permits people to study and work in the regional area of Australia.
If you want to work in regional Australia and need assistance applying for visa 491, book your consultation with our consultancy firm!
491 visa holders can apply for permanent residency after 3 years from the date they got their Skilled Regional Visa 491. This visa costs around AUD 4,115. You can travel from and to Australia as often as you like. You can avail this multiple travel facility until your visa 491 is valid. However, you must be nominated by the Australian state-territory government to apply for visa 491.
Make sure your nominated occupation is on the relevant skilled occupation list. Make sure that you have a positive skills assessment for your occupation to apply for visa 491. Skilled work regional visa 491 is points-based. Therefore, applicants must score at least 65 points or more to lodge their application for visa 491.
Skilled Nominated Visa 190
Skilled Nominated Visa is for qualified employees who want to work in Australia permanently. It’s a permanent visa. You can study and work anywhere in Australia. Visa 190 allows people to sponsor their relatives to apply for PR in Australia. To be eligible for visa 190, you must have a nomination from the Australian state/territory government.
Skilled employees who want to settle in Australia permanently can apply for visa 190. They’ve to submit their Expression of Interest (EOI) through SkillSelect. Subclass 190 is points-based. Applicants must score 65 points or above to be eligible for visa Skilled Nominated Visa 190.
Skilled international employees under 45 years of age can apply for a visa 190. They’re required to be competent in the English language. The Department of Home Affairs invites people to apply for visa 190. Therefore, skilled workers will only be eligible to apply for visa 190 if they get the invitation. Skilled employees affected by the section 48 bar can apply for visa 190 from November 13, 2021.
Skilled Employer-Sponsored Regional Visa 494
Visa 494 is a temporary visa. It allows the regional employers of Australia to identify the labor shortages within their region. They can sponsor skilled international workers to fill positions where they can’t find skilled Australian employees.
This visa lets you stay in Australia for 5 years. You can live and work in the designated regional areas of Australia. Visa 190 also allows people to enroll in a course study they like. Applicants for a 494 visa must have been nominated to work in the occupation.
The nominated occupation of 494 visa applicants must be on the relevant skilled occupation list. Furthermore, they must have a minimum experience of 3 years in their nominated field of occupation.
The Australian Government has lifted the section 48 bar for skilled visas, including the Skilled Employer-Sponsored Regional Visa 494. Therefore, skilled employees can now apply for visa 494 to work in regional Australia. 494 visa holders can only work for their sponsor or associated organization in Australia.
What to do now?
A few changes have been made to the Migration Act 1958. Amendments in the Migration Act 1958 are for onshore applicants affected by the ‘section 48 bar’. The legislative changes will allow onshore applicants to apply for the South Australian state nomination.
Book your consultation with our consultancy firm in Australia if you need more information regarding these amendments in the Migration Act 1958!
Section 48 bar will no longer be a barrier for applicants seeking state nomination in South Australia. Onshore applicants can now apply for Skilled Work Regional Visa 491, Skilled Nominated Visa 190 and Skilled Employer-Sponsored Regional Visa 494.
- Latest NSW Skilled Occupation List 2021-22 | Subclass 491 & 190 visa
- Subclass 491 Visa Conditions – Skilled Work Regional Visa Australia
I’m Nasir Nawaz. I’m a registered migration consultant in Australia. I am based in Sydney. I’ve studied Master of Laws at the University of New South Wales. I’m providing immigration services for several years.
Consult with me for legal advice on Australian visas to permanently live, study, and work in Australia.