494 Visa Granted in 7 Months Despite a Section 48 Bar

Subclass 494 Visa Granted in 7 Months for Retail Manager, Despite S48 Barred

Suman Dua MARN 1800859Jun 26, 20242 min read

"To say we are happy for our client is an understatement - we are ecstatic as often when refusals occur they can be detrimental when it comes to Australian visa plans and pathways."

Our client contacted us while awaiting for AAT hearing date for a refused subclass 187 visa. We advised he was eligible to apply for a subclass 494 under current concessions related to s48. Usually, he would have needed to depart Australia to apply for most other visas when s48 was in effect.

We organised for the sponsoring business to become registered as a standard business sponsor and prepared the nomination application concurrently. The standard business sponsorship was granted within a few weeks.

We worked with the business to ensure labour market testing was completed according to the Department of Home Affairs requirements and that all potential candidates were screened and sufficient evidence of the genuine position was presented to the Department. We liaised with the Regional Certifying Body to get RCB endorsement as part of the nomination process. 

While this was being prepared the hearing date was scheduled so we had a deadline to ensure the visa was lodged before the current Bridging Visa ceased. The subclass 494 visa application was lodged straight after the nomination and both were approved within 7 months. The client is now on a pathway to Permanent Residency in 3 years and will be able to bring members of his family unit to Australia during this time. The S48 concession has meant our client could remain in Australia and work throughout this process and ensure the business could continue to run seamlessly. 

Overcoming visa refusals and navigating complex immigration pathways is possible with the right guidance. Our expert team can assess your situation, recommend the most suitable visa option, and help you through every step of the process. Schedule your consultation now and let us assist you in turning your dream of living and working in Australia into reality!