Get Section 48 Help Here
Section 48 problem
If you are in Australia and since last arriving in Australia you have had a visa refused or a visa cancelled then you are subject to section 48 of the Migration Act. Section 48 significantly limits your ability to make any further application in Australia.
If you are lucky enough to receive an invitation to lodge a skilled migration visa, nominated by a state or territory, there is a real problem. You are likely not to be able to travel outside Australia because of travel restrictions because of COVID-19 or similar events.
If you are unable to exit Australia to lodge your offshore application, you might run out of time to accept the invitation to apply and make the required skilled migration application.
The big s.48 change
On 28 October 2021 and section 48 problem was significantly changed. Some relief was afforded to people who are invited to lodge a subclass 491 or subclass 494 or subclass 190 Visa.
Being able to lodge a visa is only one step. You’ll also need to meet criteria at the time of application. You’ll then have to meet another set of criteria at the time a decision is made on your visa application.
If you hold a bridging visa BVE and BVB and BVC holders this change will be very useful. If you hold a BVE, then this latest development would be very useful to you. (BVE is not a qualifying visa for 491, 494 or 190)
Remember
Remember that Section 48 only applies to applicants inside Australia and who do not hold a substantive visa. Don’t panic if you have a substantive visa! To discuss your section 48 problem, book a consult with me here.
10 Responses
How can I set up a consultation?
Hi Freya,
You can book a consultation with me by visiting [myvisa.com.au/appointment](http://myvisa.com.au/appointment).
For complex matters, please schedule a formal consultation. For simpler queries, you’re welcome to use my 10-minute service.
Looking forward to helping you further! 😊
Regards,
Nilesh Nandan
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au/
Hi can I arrange for a consultation call?
I am holding bridging visa E I want know that if I am holding this can I get any state nominations I have no experience Thx
Hi can u tel me how u help me to apply onshore partner visa cause I’m not allowed to apply onshore I have 4 kids Australian citizens 13 and 10 and 5 and 4 years and I been in Australian 16 years
I have section 48 bar and I have 4 kids Australian citizenship and partner citizenship and I have bridging visa E and Im not allowed to apply onshore what can I do in this situation
can I arrange a 10 min call?
I had safe haven refused after 7 years of refugee now under section48 how do I request for a lift to start the process now been 9 years in Australia
Yes thanks 0421977001 Ben we have refusal and we’re in visa E but can we qualify for section bar 48 we have someone to sponsor
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute