Section 48 Bar: Can You Waive It and Apply for a Visa Onshore?

For many individuals in Australia, a visa refusal or cancellation can be stressful and confusing. If you find yourself onshore without a substantive visa, you may be subject to a Section 48 (s48) bar. Once an individual discovers that they are barred from applying for most visa subclasses onshore, the next question is whether they can waive this bar.

Unfortunately, there is no formal application to waive a Section 48 bar. It is a statutory restriction under the Migration Act 1958. Instead of a waiver, you must identify if you are eligible for an exempt visa subclass.

What is the Section 48 Bar?

Section 48 of the Migration Act 1958 limits the number of visa subclasses you can apply for while you are in Australia, provided that:

You do not hold a substantive visa; this includes if you are on a bridging visa or have no visa at all.
You have had a visa refused or cancelled since you last entered Australia.

If these conditions apply, you are section48 barred. This means you are restricted from lodging a new application for most visa subclasses except for a limited list of exempted subclasses.

Can You Waive Section 48 Bar?

The Section 48 bar is not a discretionary decision that a case officer can simply waive. It is a legal consequence of your immigration history. You cannot lodge an application and ask the Department of Home Affairs (DoHA) to ignore or waive the bar. If you lodge an application for a non-exempted visa subclass, the application will be deemed invalid and will not be processed.

How to Navigate Section 48 Bar?

The only way to lodge an onshore application while subject to a Section 48 bar is to apply for a specifically exempted visa. Common exempted visa subclasses include, but are not limited to:

Engage with an experienced Accredited Specialist in Immigration Law for a professional visa strategy session to overcome the Section 48 bar hurdle.

What are the Risks of DIY Visa Applications?

Attempting to navigate a Section 48 restriction without professional legal advice carries significant risks. Lodging an application for a visa you are not eligible for because of a Section 48 bar can lead to invalid lodgement, further visa complications like being an unlawful non-citizen, and possible long-term consequences, such as PIC4020 if false information is provided to attempt to overcome the bar.

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

How Can Agape Henry Crux Help

Section 48 bar can be a hurdle to overcome to meet your visa goals; by acting quickly and providing an evidence-backed response, many applicants can overcome these concerns. Consider speaking with one of our two Accredited Specialists in Immigration Law, Jason Ling or Angela De Silva, at Agape Henry Crux. They specialise in highly complex visa matters. Consider arranging a consultation with us to get tailored professional advice and guidance on your next best step. You can book a consultation by calling 02-8310 5230 or emailing info@ahclawyers.com.

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

Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards and in the 2027 edition of The Best Law Firms™ - Australia.

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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