BREAKING NEWS! Legislation Changes for persons affected by Section 48.

A much welcome announcement has been made by Department of Home Affairs.

Home Affairs Legislation Amendment (2021 Measures No. 2) Regulations 2021 passed on 28th October allows “applications for certain skilled visas by persons in Australia under section 48 – amends regulation 2.12 to prescribe three skilled visa classes as visas for which an application may be made in Australia by applicants who have been refused a visa or had a visa cancelled while in Australia and are prevented by section 48 of the Migration Act from applying for a visa other than a prescribed visa while remaining in Australia. This amendment facilitates applications in Australia by applicants who are prevented from leaving due to COVID-19 related travel restrictions but meet all other requirements for making an application for the visa”.

This change will come into effect from 13th November and is only applicable to the following visas:

  • Skilled—Nominated (Permanent) (Class SN);
  • (t) Skilled Work Regional (Provisional) (Class PS);
  • (u) Skilled Employer Sponsored Regional (Provisional) (Class PE)

Basically in layman’s language these are visas Subclass 190, 491 and 494 and it means that persons previously would need to leave Australia before they could lodge their visa application. This is now not the requirement.

However, as they say “the devil is in the detail”. Therefore, as always, the Sellanes Clark team is currently unpacking the legislation to ensure that we have all the answers to any possible questions for those requiring assistance and we also want to ensure there are no hidden surprises to the recent announcement.

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