Jump to content

You're currently viewing the forum as a Guest
register-now-button_orig.png
and join in with discussions   
ask migration questions
message other members

..and much much more!

jdiane

Borders closed/ Section 48

Recommended Posts

So I have gotten my final invite for 190. Problem is, borders are closed and I'm on appeal from a previous visa refusal and qualify for Section 48. Anyone on the same boat? If I go out now, won't be able to come back till this blows over. I'd loose my job, and just moved to a rental home with 1 year contract. 

I still have less than two months to figure things out, hoping some miracle will happen. 

How do I try convince DHA to waive section 48 as this virus was never expected to happen? I feel like I'd put myself more in danger by forcing myself out of the country.

Tough times. 

Share this post


Link to post
Share on other sites

I would say stay put- do not try to travel because you will get stranded if you do.

Share this post


Link to post
Share on other sites
On 21/03/2020 at 18:56, starlight7 said:

I would say stay put- do not try to travel because you will get stranded if you do.

Yes, I will hold off as long as I can. but I only have 50 days left to decide. If i let this go, i do not know if I will ever be invited again. =(

Share this post


Link to post
Share on other sites

Hey there 

i am on the same boat as you do. I want to know that how u going ahead for this.

thanks

Share this post


Link to post
Share on other sites
Posted (edited)

If you haven’t yet, I would contact a MARA agent ASAP to help you navigate this so you do not lose the invite unnecessarily. I am not sure about a 190 but I know for the 491 both Queensland (BSMQ) and Tasmania have issued word on the s48 condition. Check with @wrussell @Raul Senise or @paulhand. I am sure there are other migration agents on the forum but these guys are the ones I see provide information often and are quite knowledgeable.

Edited by Afrochic+61

Share this post


Link to post
Share on other sites
3 hours ago, Afrochic+61 said:

If you haven’t yet, I would contact a MARA agent ASAP to help you navigate this so you do not lose the invite unnecessarily. I am not sure about a 190 but I know for the 491 both Queensland (BSMQ) and Tasmania have issued word on the s48 condition. Check with @wrussell @Raul Senise or @paulhand. I am sure there are other migration agents on the forum but these guys are the ones I see provide information often and are quite knowledgeable.

Thanks, unfortunately most have said there's nothing that can be done and you have to exit. Because this is a legislation and can only be changed thru passing of new legislation to counter it. Unless anyone from our good MAs can say something otherwise. Tasmania and Qld are processing things as is and nothing can be done, besides letting the invite go and wait to be invited again. I can't let this invite go as Chef is under review for WA plus age too. Time can only tell when they're removing the occupation from the list. It's suicide to go home, but I guess the only hope is they process the visa soon. 

Share this post


Link to post
Share on other sites
7 hours ago, jdiane said:

Thanks, unfortunately most have said there's nothing that can be done and you have to exit. Because this is a legislation and can only be changed thru passing of new legislation to counter it. Unless anyone from our good MAs can say something otherwise.

You are not going to get a different response ... sorry. 


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

Share this post


Link to post
Share on other sites
1 hour ago, paulhand said:

You are not going to get a different response ... sorry. 

Thanks, spent almost two months looking and reading around but it is the same response. The only way could have been for the sponsoring state to extend the validity of the invite, but was told once it goes thru skill select, it is all through DoHA now. Rang DoHA about it and was told there was no procedure in place to do so. It would have been great if they raised this to higher authority but I doubt they'd care. Question though, is the validity of an invite stated in the Migration Laws? Just wondering if this is a policy (like 8503) which can be waived? 

Share this post


Link to post
Share on other sites
1 hour ago, jdiane said:

Thanks, spent almost two months looking and reading around but it is the same response. The only way could have been for the sponsoring state to extend the validity of the invite, but was told once it goes thru skill select, it is all through DoHA now. Rang DoHA about it and was told there was no procedure in place to do so. It would have been great if they raised this to higher authority but I doubt they'd care. Question though, is the validity of an invite stated in the Migration Laws? Just wondering if this is a policy (like 8503) which can be waived? 

8503 is not a policy ... it is a legislative provision that has the legislative option for waiver. The law on invitations says: “The applicant must apply for that visa within the period stated in the invitation”.


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

Share this post


Link to post
Share on other sites
On 18/04/2020 at 01:22, paulhand said:

8503 is not a policy ... it is a legislative provision that has the legislative option for waiver. The law on invitations says: “The applicant must apply for that visa within the period stated in the invitation”.

Well, that sums it up then. It's how another agent explained to me, didn't bother looking it up because the end game is the same. Thanks for clarifying. Go home it is🔚

  • Like 1

Share this post


Link to post
Share on other sites
On 21/03/2020 at 14:48, jdiane said:

So I have gotten my final invite for 190. Problem is, borders are closed and I'm on appeal from a previous visa refusal and qualify for Section 48. Anyone on the same boat? If I go out now, won't be able to come back till this blows over. I'd loose my job, and just moved to a rental home with 1 year contract. 

I still have less than two months to figure things out, hoping some miracle will happen. 

How do I try convince DHA to waive section 48 as this virus was never expected to happen? I feel like I'd put myself more in danger by forcing myself out of the country.

Tough times. 

Which State are you sponsored by? South Australia has announced that they will hold existing applications affected by a section 48 bar until 30 June 2020. 

Other States may follow.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

Share this post


Link to post
Share on other sites
Posted (edited)
9 minutes ago, Raul Senise said:

Which State are you sponsored by? South Australia has announced that they will hold existing applications affected by a section 48 bar until 30 June 2020. 

Other States may follow.

I was sponsored by WA. I emailed WA Migration services of the possibility of extending the validity but was told there was nothing they could do as it has already been passed on to DoHA. I hope WA can decide soon as my invite expires on 18th May and flights are getting cancelled. This means I have to book 10 days before if anything happens to booked flights. 

Edited by jdiane

Share this post


Link to post
Share on other sites
4 hours ago, jdiane said:

I was sponsored by WA. I emailed WA Migration services of the possibility of extending the validity but was told there was nothing they could do as it has already been passed on to DoHA. I hope WA can decide soon as my invite expires on 18th May and flights are getting cancelled. This means I have to book 10 days before if anything happens to booked flights. 

It sounds like they have already decided that it is out of their hands. Once the State has nominated you, it goes to Home Affairs, as WA have told you.

Home Affairs have asked the States not to nominate s48 barred applicants and the SA announcement refers to applicants who have not yet been nominated. It may be that WA will agree to renominate you when things change with regards to travel, but that would be a whole new invite. You should probably seek some professional advice.


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

Share this post


Link to post
Share on other sites
17 hours ago, paulhand said:

It sounds like they have already decided that it is out of their hands. Once the State has nominated you, it goes to Home Affairs, as WA have told you.

Home Affairs have asked the States not to nominate s48 barred applicants and the SA announcement refers to applicants who have not yet been nominated. It may be that WA will agree to renominate you when things change with regards to travel, but that would be a whole new invite. You should probably seek some professional advice.

Unfortunately, Chef is under review for WA. And I'm loosing 10pts bec. of age in October. So my chances are getting slim. I think my best option is to take this invite now and exit. I have applied for BVB and hoping they'd grant it for a year. My friend in the same situation got her BVB approved for a year, so my hopes are up. 

Thank you everyone for the information. It sucks to be in this situation after working so hard to be invited but nobody ever expected the virus to happen. Just have to hope all of this would be over soon. 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×