If your visa has been refused or cancelled while you are in Australia, you may have heard about the “section 48 bar”. This is a provision in the Migration Act 1958 that can significantly limit your visa options.
The section 48 bar refers to a legislative ban of certain people applying to certain people wanting to make an application for a substantive visa while they are in Australia.
When Does the Section 48 Bar Apply?
The section 48 bar generally applies if:
- You are in Australia;
- You do not hold a substantive visa (for example, you only hold a bridging visa or no visa at all); and
- Since your last entry to Australia, you have had a visa application refused or a visa cancelled.
If these circumstances apply, you may be prevented from lodging most new visa applications while remaining in Australia.
Are There Any Exceptions?
Yes. Even if you are affected by the section 48 bar, certain visa applications may still be available, including:
- Partner visa (subclass 820/801)
- Protection visa (subclass 866)
- Medical Treatment visa (subclass 602)
- Certain skilled visas, including subclasses 190, 491 and 494
However, strict eligibility requirements apply and professional advice is often essential before proceeding. This is because you may need to meet additional requirements if you have had a visa refused or cancelled in the past. You may also need to address additional requirements set out in schedule 3.
You can read about the section 48 bar and schedule 3 waivers for Partner visas here.
Does the Bar Apply Forever?
No. The section 48 bar only affects applications made while you remain in Australia. In many cases, a person may still be able to leave Australia and apply for another visa from overseas. Once you hold a substantive visa again, you are also no longer affected by the section 48 bar.
This means, for example, if you are affected the section 48 bar and apply for a subclass 494 visa (a temporary visa not affected by the section 48 bar) and this visa is granted, you are no longer affected by the section 48 bar, and can apply for other visas onshore again.
What Should You Do If You're Affected?
Receiving a visa refusal or cancellation can be stressful, but being subject to the section 48 bar does not necessarily mean you have no options. The best strategy will depend on your immigration history, current visa status, and future migration goals.
If you believe you may be affected by the section 48 bar, obtaining tailored migration advice early can help you identify any available pathways and avoid costly mistakes.
For assistance navigating the intricacies of the section 48 bar, click here to book a free 10 minute consultation to speak with one of our experienced immigration layers.