If you have had a visa refused or cancelled since you last entered Australia, and you are now either:
- unlawful (no visa), or
- holding a bridging visa,
you may be affected by the Section 48 bar under the Migration Act 1958.
This rule can stop you from applying for most visas while you are still in Australia.
What Is the Section 48 Bar?
The Section 48 bar is a legal restriction that applies when:
✅ you are in Australia, and
✅ since your last entry, you have had a visa refused or cancelled, and
✅ you do not hold a substantive visa (you are unlawful or on a bridging visa)
If Section 48 applies to you, you are usually prevented from lodging most new visa applications onshore.
Why Section 48 Matters
If you are Section 48 barred, you may have to:
- leave Australia to lodge another visa application offshore, or
- apply only for a visa that is specifically allowed under the Section 48 exceptions.
This can seriously affect your migration options, especially if you are trying to fix your status urgently.
Does Section 48 Affect Bridging Visa Holders?
Yes.
Many people only find out they are s48 barred after they:
- apply for a new visa and get refused, or
- have a visa cancelled, and then move onto a Bridging Visa.
Once you are on a bridging visa (and your last visa was refused or cancelled), Section 48 often becomes a major barrier.
Can Section 48 Affect Citizenship Later?
Yes.
Being unlawful or overstaying can create long-term consequences, including:
- future visa refusals
- public interest criteria issues
- character concerns
- delays or complications with citizenship eligibility
Even if your next visa is granted, overstays can still be considered in future decisions.
Skilled Visa Exception (Important Update)
From 13 November 2021, the Australian Government introduced a major exception.
If you are Section 48 barred, you may still be able to apply onshore for the following skilled visas:
- Skilled Nominated visa (subclass 190)
- Skilled Work Regional visa (subclass 491)
- Skilled Employer Sponsored Regional visa (subclass 494)
This change means that in some cases, Section 48 no longer blocks these skilled visas from being lodged in Australia.
However: you must still meet all eligibility criteria, including nomination requirements, health, character, and visa validity rules.
State Nomination and Section 48 Bar
Even if the law allows you to lodge a skilled visa onshore, each state or territory may apply its own nomination policies.
Some states may still refuse to nominate applicants who are Section 48 barred, depending on their program rules at the time.
For this reason, Section 48 cases require careful planning before lodging an EOI or nomination application.
Which Visas Are Allowed Under Section 48?
Section 48 does not block every visa. Some visa classes are prescribed as exceptions.
Common examples include:
- Partner visas (in some circumstances)
- Protection visas
- Bridging visas
- Certain child visas
- Some special purpose visas
The correct visa pathway depends heavily on your exact visa history and current status.
What Should You Do If You Think You Are Section 48 Barred?
If you believe Section 48 applies to you, you should get advice quickly before lodging any further application.
A wrong application can:
- be invalid,
- waste time,
- cost thousands in fees, and
- make your immigration situation worse.
Need Help With a Section 48 Bar Case?
At Nexa Migration, we can help you:
- confirm whether Section 48 applies
- identify onshore visa options (if available)
- assess skilled visa exceptions (190 / 491 / 494)
- plan the safest pathway to stay lawful
Book a consultation today to discuss your visa options.
