Can a Section 48 Bar Prevent Me from Applying for SC491/494 Visa Onshore?

Not holding a substantive visa and have previously had a visa refused or cancelled while in Australia, you may be facing a visa restriction – Section 48 Bar. Understanding Section 48 Bar can be tricky, hence take the time to know the limitations on how Section 48 Bar may affect new visa applications from within Australia can be beneficial for your future visa applications.

Section 48: What it is and How it Works

The Section 48 Bar prevents individuals from lodging most visa applications while onshore if they:

Do not hold a substantive visa; and
Have a visa refused or cancelled while in Australia

This means that if you are affected by Section 48, you may be unable to apply for most visas while remaining in Australia.

Skilled Work Regional (Provisional) (Subclass 491) and the Skilled Employer Sponsored Regional (SESR) (Provisional) (Subclass 494) visas Exception

Although Section 48 Bar has visa restrictions, visas such as Skilled Work Regional (Provisional) (Subclass 491) visa and Skilled Employer Sponsored Regional (SESR) (Provisional) (Subclass 494) visa are exempt from this bar.

This means, if your circumstances and your skills meet the visa eligibility requirements of either the SC491 or SC494 visas, it may be an option for you to apply onshore and continue to stay in Australia.

What Are My Next Steps if I have a s48 Bar?

We suggest that you seek help from an Accredited Specialist in Immigration Law, who specialises in complex matters, such as visa refusals or cancellations, and can provide tailored advice specific to your circumstances.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Help

Consult with one of our Accredited Specialists in Immigration Law – Jason Ling or Angela De Silva to get professional, tailored advice on the best course of action. Our team of immigration lawyers specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin, and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

Client Testimonials

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Section 48 Bar Visa Wins