Migration Act 1958 — Section 48
Section 48 Bar Australia What It Is and How It Affects Your Visa Options
Barred From Applying Onshore? Understanding Section 48 of the Migration Act
Section 48 of the Migration Act 1958 prevents certain unlawful non-citizens — or persons holding only specific types of bridging visas — from applying for most substantive visas while they are in Australia. It is commonly referred to as the 'Section 48 bar.'
The bar is triggered when a person's visa has been refused or cancelled while they were in Australia (or while they were offshore on a bridging visa). It prevents them from lodging a further visa application onshore, essentially forcing them to depart and apply from outside Australia.
The interaction between Section 48 and Schedule 3 criteria is complex and consequential. Do not lodge any new visa application without professional advice if you believe the bar applies to you.
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The legislative source of the bar
Cannot apply from within Australia
Specific subclasses only
Check Your Options First
What Visas Are Still Available to You?
If the Section 48 bar applies, understanding which visas remain available is the most urgent question. Use these free tools as a starting point — then speak with our agents before lodging anything.
Affected vs Exempt Visas
Which Visas Are Affected and Which Are Exempt?
Cannot Apply Onshore
- Most skilled migration visas — Subclass 189, 482,
- Most employer-sponsored visas
- Student visas (Subclass 500)
- Most visitor and tourist visas
- Most parent visas
- Most family visas not falling within the specific exemption
- Business and investment visas
Available Despite Section 48
- Protection visas (Subclass 866) — in limited circumstances
- Certain partner visas — where the sponsoring partner is an Australian citizen or permanent resident
- Certain parent visas — where the sponsor is an Australian citizen or permanent resident child
- Skilled Nominated Visa (Subclass 190)
- Skilled Work Regional (Provisional) Visa (Subclass 491)
- Skilled Employer Sponsored Regional Visa (Subclass 494)
- Bridging visas — including BVA, BVC, BVE
- Medical Treatment Visas (Subclass 602)
- Visas specified in the Migration Regulations as exempt
Section 48 and Schedule 3 — Critical Interaction
Schedule 3 Criteria — The Added Complexity When Section 48 Applies
Even if a visa subclass is nominally available to a person subject to the Section 48 bar, additional Schedule 3 criteria may apply. These criteria impose additional requirements — such as compelling and compassionate grounds — before the visa can be granted.
How We Help
Our Approach to Section 48 Bar Situations
Immediate Bar Assessment
We assess whether the Section 48 bar applies to your specific situation — including the trigger event, when it occurred, and whether any exemptions are available to you — before any visa application is considered.
Exempt Visa Identification
We identify which visa subclasses remain available to you under the Section 48 exemptions — and whether Schedule 3 criteria will apply to those exempt applications, requiring additional compelling and compassionate evidence.
Honest Pathway Advice
We advise honestly on whether the better pathway is a Section 48-exempt onshore application, departure and offshore lodgement, ART review, or ministerial intervention — before any fee is committed to a course of action that may not succeed.
Think the Section 48 Bar Applies to You?
The Section 48 bar is one of the most consequential restrictions in Australian migration law. Lodging a visa application that is invalid because of Section 48 wastes fees and may not produce a bridging visa — leaving you in a worse position. Our MARA-registered agents assess whether the bar applies, identify which pathways remain available, and advise honestly on the best course of action before any application is lodged.
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