Section 48 Bar - What It Means for You

If your visa has been refused or cancelled since your last arrival in Australia, and you currently hold a bridging visa or no visa at all, you may be affected by the Section 48 bar. This regulation prevents certain individuals from applying for further visas while remaining onshore in Australia.

Why Does Section 48 Exist?

The Section 48 bar aims to prevent “visa shopping”—where applicants continuously lodge multiple applications in hopes that one will eventually be granted. The bar is enforced only if you've had a visa refusal or cancellation while in Australia and are not holding a substantive visa.

Who May Be Affected?

The Section 48 bar aims to prevent “visa shopping”—where applicants continuously lodge multiple applications in hopes that one will eventually be granted. The bar is enforced only if you've had a visa refusal or cancellation while in Australia and are not holding a substantive visa.

Recent Update to Section 48 (Effective 13 November 2021)

Good news! From 13 November 2021, the Australian Government has made changes to allow individuals affected by the Section 48 bar to apply onshore for three specific skilled visas. This update is part of amendments to the Migration Regulations 1994, helping address Australia's skilled labour shortages.

Visas You Can Now Apply For (While Onshore)

If you're subject to Section 48, you may still be eligible to apply onshore for the following:

  • Subclass 494 - Skilled Independent Visa
  • Subclass 190 - Skilled Nominated Visa
  • Subclass 491 - Skilled Work Regional (Provisional) Visa

These visas are designed for individuals with specialised skills needed in Australia, offering a pathway to stay and contribute to the workforce.