If you have had a visa cancelled or refused while you did not hold a substantive visa since last arriving in Australia, then you are what is called ‘section 48 barred’.
Under a ‘section 48 bar’ you are prevented (or barred) from lodging most visa applications while you are onshore, which means you would need to leave Australia.
Those classified as a ‘section 48 bar’ are only able to apply for the following visas:
- Partner (Temporary) (Class UK)
- Partner (Residence) (Class BS)
- Protection visas
- Medical Treatment (Visitor) (Class UB)
- Territorial Asylum (Residence) (Class BE)
- Border (Temporary) (Class TA)
- Special Category (Temporary) (Class TY)
- Bridging A (Class WA)
- Bridging B (Class WB)
- Bridging C (Class WC)
- Bridging D (Class WD)
- Bridging E (Class WE)
- Bridging F (Class WF)
- Bridging R (Class WR)
- Resolution of Status (Class CD)
- Child (Residence) (Class BT)
- Retirement (Temporary) (Class TQ)
- Investor Retirement (Class UY)
If you hold a substantive visa and you lodge another visa application which is refused but you continue to hold the previous substantive visa after the refusal, the section 48 bar does not apply to you and you are able to apply for any other visa.
It’s important to acknowledge that becoming unlawful in Australia or overstaying your visa can have a negative impact on future visa applications and eligibility for citizenship.
If you would like to learn more about the section 48 bar or any other aspect of migration contact the Visa Solutions team on 1800 828 008.
While Australian borders are currently closed due to the COVID-19 pandemic, travel exemptions may apply under the following circumstances:
- A traveller has a compassionate or compelling reason to visit Australia
- Overseas workers holding a Subclass 482 or 400 visa are required to undertake a job in Australia that cannot be filled by a local employee
Visa Solutions Australia has been successful in acquiring a broad range of exemptions, from critical workers to those needing to travel on compassionate grounds. Temporary Visa Holders will need an inbound travel exemption prior to leaving Australia if they wish to return.