There are many reasons why people are given a Section 48 Bar and the Schedule 3 Criteria, the most common reasons are for overstaying your Australian visa, had your visa cancelled or a visa refused. Having a Section 48 Bar is a major issue and will affect any future onshore and offshore application.
In the past, waiving Section 48 Bar and Schedule 3 Criteria were pretty easy to get waived but these days Department can be very strict and the waiver condition is based on individual circumstances.
Do not feel upset quickly, not every refusal or cancellation will automatically lead to Section 48 being applied against you, and even if it does, there may be a way around it, depending on your personal circumstances.
Visa applicants affected by Section 48 who want to apply for a visa onshore, are severely restricted in the visa classes they can apply for.
Section 48 provides that non-citizens affected by a Section 48 bar ‘maybe, subject to the regulations, this means that you may be able to apply for a partner visa, but in order to do so you would need to waive the Section 48 Bar and the Schedule 3 Criteria. These are the regulations that will apply to whether or not you can have a successful onshore partner visa application (or other substantive visa) after you’ve overstayed an Australian visa or been refused or cancelled in the past.
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The short answer is yes. But, if Section 48 Bar applies to you, then you as the applicant can only waive Section 48 and apply for a visa from within Australia if the visa you are applying for is listed below:
If you intend to apply for one of the above visas you will require a Migration Agent to waive Section 48 in order to apply for the relevant visa. Our Migration Agent Hanh Ho can help you obtain a waiver and process your next application. Waiving Section 48 is not easy and requires in-depth knowledge of both immigration policy and migration law, for more information contact Hanh (+61) 4 06 888 639.
I most cases anyone that has overstayed an Australian visa or been refused or cancelled an Australian visa and intends to stay in Australia at the time of their next application will be subject to a Section 48 bar and Schedule 3 Criteria. However, if the applicant is physically outside Australia at time of application Section 48 bar will not apply.
There is no Department fee for waiving Section 48. However, in order to obtain a waiver you will need to use a Migration Agent when you apply for a new visa within Australia, Agent fees do very based on the complexity of each case.