Schedule 1 – Allow applications for certain skilled visas by persons in Australia under Section 48

Section 48 prevents certain visa applications from being lodged by a non-citizen in Australia who has had a visa cancelled or refused in Australia and does not hold a substantive visa, except for a visa that is prescribed for section 48. A person affected by the section 48 bar and who wishes to apply for a visa that is not a prescribed visa for this purposed must leave Australia and make any further applications for a visa for Australia from outside Australia.

Regulation 2.12 prescribes a list of visas that a person subject to section 48 is permitted to apply for while remaining in Australia. This list includes protection visas, partner visas, bridging visas and a small number of other visas.

The amended regulation 2.12 prescribes the following skilled visas in the list of visas for which persons subject to section may apply:

• Subclass 190 – Skilled Nominated (Permanent)
• Subclass 494 – Skilled Employer Sponsored Regional (Provisional)
• Subclass 491 – Skilled Work Regional (Provisional)

This amendment recognises that the travel limitations imposed by many countries in response to the COVID-19  pandemic may have affected some non-citizens in Australia who are barred by section 48 of the Act form making an application for a visa while they remain in Australia who have been nominated or sponsored for one of the above visas.

The changes expand the list of exempted classes of visas prescribed in Regulations 2.12, enabling regional and nominated skilled visa applications to be made by people affected by the bar but who may meet the criteria for the grant of one of these visas. These applications may also be made by members of the family unit of the person who has been nominated.

This Schedule 1 commences on 13 November 2021.

Schedule 2 – Payment of Citizenship fees in foreign currencies

Schedule 2 allows citizenship application fees and refunds of citizenship application fees, where appropriate, to be paid in foreign countries and foreign currencies.

These amendments facilitate the lawful collection of citizenship application fees in specified foreign countries and foreign currencies at updated exchange rates.

This Schedule 2 commences on 1 January 2022.

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Source: Australian Government | Federal Register of Legislation