Section 48 Bar
About section 48 bar
The Section 48 bar applies to individuals in Australia who have had a visa cancelled or refused and are either unlawful or on a Bridging Visa. This restriction typically requires them to leave Australia to apply for most visas.
However, since November 13, 2021, a waiver for the s48 bar is available for specific skilled visa subclasses: the 190 Visa, 491 Visa, and 494 Visa. This waiver allows eligible individuals to apply for these visas while in Australia. It’s crucial to note that overstaying a visa can impact future applications and citizenship eligibility.
Trigger Conditions for s48 Bar
Visa Refusal or Cancellation Onshore
The Section 48 bar is activated for individuals who have a visa application refused or a visa cancelled while they are in Australia.
Status at the Time of Refusal or Cancellation
It specifically applies to those who, at the time of their visa refusal or cancellation, are either holding a non-substantive visa, such as a Bridging Visa, or are in an unlawful status in Australia.