Section 48 Bar – What It Means for Your Visa Options

Section 48 of Australia’s Migration Act restricts certain visa applications from being lodged while you are in Australia.

You may be affected by the Section 48 bar if:

• Your visa was refused or cancelled after your last entry to Australia, and

• You currently do not hold a substantive visa or only hold a Bridging Visa.

If Section 48 applies to you, most visa applications cannot be lodged onshore, even if you otherwise meet eligibility criteria.

What Does the Section 48 Bar Prevent?

If you are Section 48 barred:

• You generally cannot apply for another visa while remaining in Australia

• You may be required to depart Australia before applying for most visas

• Overstaying or remaining unlawful can seriously damage future visa prospects

There are very limited exceptions, and they depend on visa type and current policy settings.

Important Update – Section 48 Bar Waivers

Under current policy, certain skilled visas may still be available onshore, even if Section 48 applies.

As of policy updates:

• Eligible applicants may apply onshore for selected skilled visas, including:

  • Skilled Independent visas

  • Skilled Nominated visas

  • Regional skilled visas

Eligibility depends on:

• Your visa history

• The reason for refusal or cancellation

• Whether you meet all visa criteria at the time of application

A waiver is not automatic. Incorrect applications lead to refusal.

Risks of Ignoring Section 48

Many applicants make critical mistakes by:

• Lodging the wrong visa while barred

• Relying on informal advice or online forums

• Remaining unlawful while “waiting”

These mistakes often result in:

• Long-term bans

• Repeat refusals

• Loss of eligibility for skilled or partner visas

Once your record is damaged, fixing it becomes exponentially harder.

When You Should Seek Professional Advice

You should not attempt a visa application on your own if:

• You have received a visa refusal or cancellation

• You are on a Bridging Visa without a clear pathway

• You are unsure whether Section 48 applies to you

• You intend to apply for a skilled or partner visa onshore

Each case is assessed individually. Small details matter.

How Visa Aid Can Help

Visa Aid provides:

• Assessment of whether Section 48 applies to your case

• Advice on lawful onshore options, if available

• Strategic planning for offshore applications where required

• Guidance to prevent further refusals or bans

Visa outcomes depend on strategy, timing, and accuracy. Not hope.

Call to Action

Do not guess your way through a Section 48 situation.

➡️ Schedule a confidential consultation with Visa Aid to understand your options before making any move.