Can You Get Permanent Residency (PR) After a Section 48 Bar?
Facing a Section 48 Bar is a hurdle in your Australian migration journey. This restriction, which prevents you from applying for most visas while in Australia, can feel like a dead end for many who desires of achieving permanent residency (PR). However, while challenging, a Section 48 bar doesn’t mean the end of your PR dreams.
What is Section 48 Bar?
The Section 48 bar applies to individuals in Australia without a substantive visa (including bridging visas and unlawful non-citizens) who have previously had a visa refused or cancelled; limited exemptions apply. If you are subject to the Section 48 bar, you are barred from lodging most new visa applications while remaining in Australia.
What are the Pathways to PR After a Section 48 Bar?
Despite the strict nature of the Section 48 bar, there are some visa exemptions to this restriction. These can be pathways to PR that you can apply for from within Australia, even if you are Section 48 barred:
What are the Key Considerations Before Applying?
While these visas are exempt from Section 48, you must still meet all other eligibility criteria for that specific visa subclass. This includes character, health, and for skilled visas, points test requirements and state/territory nomination criteria.
If you are an unlawful non-citizen or on certain bridging visas, you also need to satisfy Schedule 3 criteria or seek a waiver by demonstrating compelling reasons when applying for a visa.
Keep in mind that you may be barred from re-entry for 3 years under Public Interest Criteria (PIC) 4013 if your visa is cancelled. Additionally, if you are subject to the Section 48 bar and decide to apply for a new visa subclass offshore, you may also be barred for 3 years for re-entry under PIC 4014.
What Can You Do If You Are Section 48 Barred?
Speak with an expert in complex visa matters, like an Accredited Specialist in Immigration Law. At AHC Lawyers, we have two Accredited Specialists – Jason Ling and Angela De Silva, who are ready to assist you with your complex case from end-to-end.
At the same time, prepare documentation for any of these exempt visas to prove your eligibility and address your immigration history.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
Section 48 Bar, PIC 4013 and PIC 4014 - Everything You Need To Know
Can You Reapply After a Visa Refusal? A Guide to Section 48, 48A, and 48B
What are the Types of Visa Waivers and Permissions I Can Apply For?
How Can Agape Henry Crux Help
While the Section 48 bar brings a significant obstacle, it does not entirely diminish your hope for PR in Australia. 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 and Mandarin. 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.
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