In the year 2020, State & Terrority Nominations are effected by the pandemic. Applicants cant able to lodge their applications because of S48 of migration Act.The Australian Government issued the stats that show the limit of a total of 160,000 places for immigrants by 2020-21. According to an estimation, approximately 100 invitations were made to the 189 skilled independent and 491 skilled work regional (in April 2020). These 100 invitations have been further squeezed to 50 for each of these subclasses with a minimum points score to 95 points.
The current pandemic has made the efforts of immigrants vain, especially candidates bearing condition S48. This figure seems to be reduced more due to the unachievable condition to the onshore/offshore applicants.
It would be worth drafting the major drawback of COVID-19 faced by many immigrants and measures taken by State Governments and Territories. Although applicants receiving invites they are unable to lodge visa applications because of S48 of the Migration Act.
The voice of many students who arrived in Australia in 2010 on a student visa explains this explicit condition. They entered Australia with great hopes and dreams to settle and work in the country for a better future.
They spent their precious years of achieving education, gaining experience, and getting qualified for available occupations. When the time arrived to reap the fruit they sow, the COVID-19 storm just engulfed it.
Despite receiving invites, applicants having past visa refusals and cancellations are unable to apply for visas due to the s48 condition imposed on their visa. To uplift this condition there is a prolonged procedure and the other way is to depart Australia and then lodge application offshore.
On receiving an invite, there is a time for 60 days to lodge an application. The restraining orders on traveling have made it so difficult almost impossible because Australian visa holders excluding the citizens of Australia are not allowed to travel. Also on reaching the country, you have to quarantine yourself at your place of stay for at least two weeks. The restriction, the traveling time, the cost, and self-quarantine for 2 weeks do not fit in the equation anyway. Eventually, the invites are expiring and there is nothing applicants could do about it in spite of waiting for many years and fulfilling every requirement.
( Section ) S48 Bar and travel Restrictions
While you are a visa holder in Australia and if your visa has been refused or canceled, you fall under the s48 condition. According to this migration act, you are not allowed to apply for another temporary and permanent visa except a protection visa or a temporary visa of a specified kind on your current visa. However, if you leave Australia then this condition lifts automatically. And if you need to travel on such conditions then you have to make a request.
The government has implemented traveling restrictions from 1st February 2020 to all visa holders excluding the citizens of Australia and their proximate family members. The applicants receiving invites in March 2020 had deadlines for May 2020 which they were unable to achieve. There is still no announcement to uplift travel restraining order for international visa holders, however, few states have taken a positive step to hold the current invitations or re-nominate.
State nominated visas updates
Australian Capital Territory
The ACT has restrictions to work and live continuously, as a rule, to apply for State Nomination. But due to the COVID-19 applicants can request to waive these continuous employment criteria.
The NT will continue to process existing and onshore applications, but the offshore applications have been closed for nominations due to the closure of Australian borders.
The Business and Skilled Migration Queensland has closed the 190 visa program Moreover it is not facilitating S48 barred applicants for 491 visa subclass and only nominating and accommodating onshore applicants for 491 visa subclass. Applicants may have to wait for the travel restrictions to be uplifted.
For a time being the Tasmanian Government has constrained the eligibility for 491 visa subclass nominations. It is accommodating offshore applicants only if they fall under the category of ‘High Demand’ on the Tasmanian Skilled Occupation List. Applications lodged after 2nd April and before that like Administrative Appeal Tribunal or Federal Court review will be processed normally while all other applications will be on hold. Candidates will be contacted upon ease of travel restrictions.
New South Wales
As a result of the COVID-19 pandemic, the NSW government has decided to re-nominate the applicants who missed their chance because of the S48 condition imposed on their visa. This depends on the situation when the travel restrictions are lifted.
South Australia will hold existing applications till June 30 2020 for the S48 barred applicants. All S48 bar applicants are advised not to lodge applications for state nomination until the traveling is banned. It is clear that SA has stopped nominating such applicants.
There are no updates for Victoria and Western Australia regarding the COVID-19 effects and its planning.
For detailed updates about your visa situation and subclass, you can contact us at Vision Consultants Australia. Stay tuned for further Newsletters and useful information.
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