190 Onshore Validity in 2026: Substantive Visa, Bridging Visas and Section 48
Which visa you must hold to lodge a subclass 190 application onshore in 2026, and why the wrong visa status makes the application invalid.
If you are in Australia when you lodge a Skilled Nominated visa (subclass 190) application, you must hold a substantive visa, or a Bridging visa A (BVA, subclass 010), Bridging visa B (BVB, subclass 020) or Bridging visa C (BVC, subclass 030). If you hold anything else — a different bridging visa, or no visa at all — your application will not be valid. That is the requirement on the Department of Home Affairs' Skilled Nominated visa (Subclass 190) official page, based on the version current in July 2026. This article is general information about how the rule works, not advice on your own circumstances; what it means for you depends on your visa history, so check the current official page and, if you need certainty before lodging, get advice from a registered migration agent or immigration lawyer.
What visa must you hold to lodge a 190 onshore?
The 190 page states the rule in two places. In the eligibility criteria, it says that if you are in Australia at the time you apply, you must hold a substantive visa, BVA (010), BVB (020) or BVC (030). In the "Apply from" section, it repeats the same list and adds the consequence: if you apply in Australia and do not hold one of those visas, your application will not be valid.
The same section also confirms you can be in or outside Australia both when you apply and when the application is decided — but not in immigration clearance. Being physically in the airport clearance queue is not the same as being "in Australia" for lodgement purposes.
The practical reading is straightforward: the visa you hold on the day you lodge is what matters, and there is no discretion to accept a near miss.
Which bridging visas are acceptable — and which are not?
Only three bridging visas appear on the official page: BVA (010), BVB (020) and BVC (030). Other bridging visas are not listed, so they do not satisfy the requirement as the Department has published it.
| Your situation at lodgement | Can you lodge a 190 onshore? |
|---|---|
| You hold any substantive visa | Yes — subject to any other criteria |
| You hold BVA (subclass 010) | Yes |
| You hold BVB (subclass 020) | Yes |
| You hold BVC (subclass 030) | Yes |
| You hold a bridging visa that is not BVA, BVB or BVC | Not valid onshore |
| You hold no visa, or your visa has ceased | Not valid onshore |
| You are in immigration clearance | Not valid |
A substantive visa, in plain terms, is a visa in its own right — a student, visitor, temporary graduate, employer-sponsored or partner visa, for example — as opposed to a bridging visa, which exists only to keep you lawful while some other matter is resolved. The 190 page does not publish a definition; it simply requires that you hold one.
Is there a special rule if you hold or last held a 491 or 494?
Yes, and it catches people who already hold a substantive visa.
If you currently hold, or your last substantive visa was, a Skilled Work Regional (Provisional) (subclass 491) or a Skilled Employer Sponsored Regional (Provisional) (subclass 494), you must have held that visa for at least 3 years at the time you apply. Both are substantive visas, so they clear the first hurdle; the three-year period is an additional condition that applies because of the regional residence commitments attached to those subclasses.
Where does section 48 of the Migration Act fit?
Section 48 of the Migration Act 1958 is not set out on the subclass 190 page, so treat any description of it as background only: its conditions and exceptions are in the Act itself, and whether it affects you depends on your visa history and the visa you are applying for.
The two rules point in the same direction but operate at different levels. The 190 page tells you which specific visas the Department will accept for this subclass. The subclass 190 page does not set out section 48 of the Migration Act 1958, so this article does not describe what it requires; any question about that provision has to be answered from the Act itself or with advice on your own visa history. The 190 page is the Department's summary of its criteria — for your own position, the legislation and the current official page govern.
What actually happens if the application is invalid?
An invalid application is not a refusal. Your nomination, points score, skills assessment and English evidence are never assessed, because on the Department's published criteria there is no validly made application to assess. In general terms, an invalid application is not assessed on its substance; whether any review right exists in a particular case depends on the Migration Act 1958 and the Migration Regulations 1994, so check those or get advice before assuming you have none.
This is the reason the visa-holding question deserves attention before lodgement rather than after.
Can an application become invalid after you lodge it?
Yes. The 190 page states that if the state or territory agency that nominated you withdraws your nomination after you have applied, your application becomes invalid.
Validity also depends on the gateway requirements that sit before lodgement: you can only apply if you are invited, you can only be invited if a state or territory government agency nominates you, and you must be able to declare that you have a suitable skills assessment at the time of invitation. The Department's published position is that it will accept a suitable skills assessment obtained within the 60-day invitation period, following the decision in Thapa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 686. The page also records that the assessment must have been obtained in the 3 years before the date of your invitation, and that the Minister reserves the right to argue in a court that Thapa was wrongly decided.
Other criteria on the same page — being under 45 when invited, scoring 65 points or more, at least competent English at the time of invitation, an occupation on the relevant skilled occupation list, plus health, character, debt and Australian values requirements — go to whether the visa can be granted, not to whether the application is valid.
How do you check your status before lodging?
Read your most recent visa grant notification and confirm the subclass and whether the visa is still in effect, then compare it against the list above before you pay and lodge. If you are on a bridging visa, check the subclass number specifically rather than assuming "bridging" is enough — BVA, BVB and BVC qualify, and the page does not extend to the others.
Frequently asked questions
Can I apply for a 190 onshore if I hold a Bridging visa A (subclass 010)?
Yes. BVA (010) is one of the three bridging visas listed on the official 190 page, alongside BVB (020) and BVC (030). Your application still has to meet the other criteria, including nomination and invitation.
I hold a different bridging visa. Can I still lodge onshore?
On the Department's published criteria, no. Only BVA (010), BVB (020) and BVC (030) are listed as acceptable bridging visas for an onshore 190 application; any other bridging visa means the application will not be valid.
What counts as a substantive visa?
It is a visa in its own right — such as a student, visitor, temporary graduate, employer-sponsored or partner visa — rather than a bridging visa, which only maintains lawful status while another matter is resolved. The 190 page requires you to hold one but does not publish a definition.
Does section 48 mean I can never apply onshore again?
The subclass 190 page says nothing about section 48 of the Migration Act 1958, and this article does not state what that provision requires; to know whether it affects you, read the Act or get advice on your own visa history.
My 190 application was found invalid. Can I appeal?
An invalid application is not assessed or refused on its substance; any review rights in a specific case depend on the Migration Act 1958 and the Migration Regulations 1994.
I hold a 491 and have held it for two years. Can I apply now?
Not yet, on the published criteria. If you currently hold, or your last substantive visa was, a 491 or 494, you must have held that visa for at least 3 years at the time you apply.