Is this your situation?
Section 48 applies to you and you want to know exactly which visa categories you are still allowed to apply for while in Australia. You need a clear list, not vague possibilities.
The exempt visa categories
The following visa types can generally be applied for despite the section 48 bar. This list can change with legislative amendments, so always verify current exemptions with a registered migration agent before lodging.
Protection visa (subclass 866). If you face persecution, serious harm, torture, or cruel treatment in your home country, you can apply for protection regardless of section 48. Australia’s obligations under the Refugee Convention and other international instruments override the section 48 bar for protection claims.
Partner visa (in limited circumstances). Whether you can lodge a partner visa depends on the specific regulations and your visa history. The exemption is narrow and technical. Not every person affected by section 48 can apply for a partner visa. A migration agent needs to check whether the exemption applies to your particular circumstances.
Certain bridging visas. Bridging visa applications may be available in some situations even when section 48 applies. This depends on your current status and what triggered the section 48 bar.
Visas specified by ministerial intervention under section 48B. If the Minister personally lifts the bar for you, you can apply for whatever visa category the Minister specifies in their determination.
What is NOT available
Most mainstream visa categories are blocked by section 48. This includes student visas (subclass 500), skilled migration visas (subclass 189, 190, 491), employer sponsored visas (subclass 482, 494, 186), visitor visas
(subclass 600), and working holiday visas (subclass 417, 462).
If you want to apply for one of these, you generally need to depart Australia first, or obtain a section 48B determination from the Minister.
How Bullseye Consultant can help
Amanpreet Bhangoo (MARN 1573884) will check the current exemption list against your specific circumstances and tell you which options, if any, are available. Call (07) 3519 7009.
FAQ
Q: Can I apply for a student visa if section 48 applies?
No. Student visas are not exempt from section 48. You would need to depart Australia or obtain ministerial intervention before applying.
Q: The exemption list seems very short. Is that right?
Yes. The section 48 bar is broadly restrictive. The exemptions are deliberately narrow. That is why ministerial intervention under section 48B and offshore reapplication are often the most realistic pathways for people affected by the bar.
