For applicants on a Bridging Visa E (BVE) who have lodged a protection visa, there are specific complexities to consider regarding eligibility for the 482 visa. This article addresses key questions related to their ability to apply for a 482 visa, whether they can lodge onshore, and the implications of Section 48.
Are Bridging Visa E Applicants Eligible for the 482 Visa?
Yes, BVE applicants may be eligible for a Subclass 482 visa if they meet all the standard requirements. However, protection visa applicants on a BVE face additional legal and procedural barriers that can impact their eligibility.
Can They Lodge a 482 Visa Onshore?
No, BVE holders who have lodged a protection visa cannot apply for a Subclass 482 visa onshore due to the operation of Section 48 of the Migration Act 1958. This provision restricts non-citizens who do not hold a substantive visa and have had certain visa applications refused or cancelled from lodging further visa applications while in Australia. Since a Bridging Visa E is not a substantive visa, applicants under Section 48 are barred from lodging most visa applications, including the 482, onshore.
Do They Need to Be Offshore to Lodge the 482 Visa?
Yes, applicants affected by the Section 48 bar must be outside Australia to lodge a 482 visa. Being offshore lifts the Section 48 restriction, allowing them to lodge their application and return to Australia on the 482 visa if granted. However, it’s important to coordinate with the sponsoring employer to ensure compliance with all visa requirements before leaving Australia.
Key Considerations for BVE Holders Seeking a 482 Visa
1. Sponsorship and Occupation
Applicants must have a sponsoring employer and a nomination for an occupation listed on the CSOL or Specialist Skills List. Employers should be aware of the offshore application requirement.
2. Timing and Travel
Leaving Australia to lodge the 482 visa offshore is a critical step. Applicants should carefully time their departure to align the employer’s readiness.
3. Legal Advice
Protection visa applicants face unique challenges, including potential PIC4020 issues. Consulting a migration lawyer or agent is essential.
While Bridging Visa E applicants are not barred from eligibility for the 482, the Section 48 bar prevents them from applying onshore. To lodge a 482 visa, they must leave Australia, meet all eligibility criteria, and carefully coordinate their application process. Seeking professional migration advice can help address the challenges.
If you have any questions about your eligibility or require assistance with your 482 visa application, contact us.