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Partner Visa and Section 48 Bar
Understanding the Section 48 Bar
If you’re in Australia and your visa has been refused or cancelled since your last entry, Section 48 of the Migration Act may prevent you from lodging most new visa applications while you remain in the country.
This restriction is known as the Section 48 bar, and it can have a serious impact on Partner Visa applicants who are already onshore.
At Salvo Migration, we help couples navigate the Section 48 bar with clear legal strategies — ensuring you understand your options and can take the right next step.
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When Does Section 48 Apply?
Section 48 applies if:
You are in Australia
You do not hold a substantive visa (e.g. visitor, student, work)
Since your last entry, you’ve had a visa refused or visa cancelled
How Section 48 Affects Partner Visa Applications
Normally, Partner Visas (subclass 820/801) can be lodged onshore.
If you’re Section 48 barred, you cannot apply for an onshore Partner Visa unless you meet a specific exemption.
You may still be able to apply for an offshore Partner Visa (subclass 309/100), but this means you must be outside Australia at the time of application.
Possible Solutions
Depending on your circumstances, your options may include:
Appealing your refusal or cancellation to the Administrative Appeals Tribunal (AAT)
Applying for a visa type that is exempt from Section 48 (e.g. certain protection or bridging visas)
Departing Australia and applying for the Partner Visa offshore
Requesting Ministerial Intervention in exceptional cases
Why Timing is Critical
The time limits for lodging an appeal or making a new application can be extremely short — sometimes as little as 7 to 21 days. Missing these deadlines can remove your options entirely.
Why Choose Salvo Migration for Section 48 Bar Cases?
We specialise in complex Partner Visa situations — including refusals, cancellations, and Section 48 bar cases.
Personalized Support
Reviews your immigration history in detail
Expert Guidance
Identifies your legal pathways
Stress-Free Process
Prepares strong, evidence-backed submissions
Proven Success
Guides you through offshore or appeal-based applications
Need Expert Help With Section 48 Bar and Your Partner Visa?
If you’ve been caught by the Section 48 bar, you still have options — but every case is different.
We’ll help you act fast, avoid costly mistakes, and give your application the best possible chance of success.
Conditions apply — valued up to $350.
What Happens in the Partner Visa Section 48 Bar Consultation?
Our consultations are conducted by experienced Australian migration lawyers who specialise in helping clients lodge a partner visa while facing the Section 48 bar. You’ll receive personalised legal guidance tailored to your immigration history, current visa status, and relationship evidence requirements.
During your consult, we’ll:
Explain exactly what the Section 48 bar means, how it applies to your case, and your legal options
Review your visa history, refusal/cancellation reasons, and identify pathways still available to you
Recommend the most suitable strategy — including offshore partner visa applications or alternative visa options that may allow you to remain in Australia
Provide guidance on compiling strong relationship evidence and statutory declarations to support your application
Answer all your questions about timelines, costs, success rates, and the practical steps to take next
Who You’ll Be Speaking With
When you book with Salvo Migration, you’ll speak directly with Martin Salvo, a leading Brisbane-based migration lawyer with deep expertise in partner visas, Section 48 bar cases, and complex migration strategies.
99% success rate on partner visa applications
Skilled in refusals, appeals, complex assessments & Section 48 solutions
Hundreds of successful outcomes for couples across Australia — including married, de facto, same-sex, and long-distance relationships
Trusted by couples navigating urgent deadlines and high-stakes immigration situations
Consultations are available via Zoom or phone, making it easy to access expert legal support no matter where you’re located.
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The Salvo Migration Difference
Trusted by Couples Nationwide – Powered by Legal Expertise and Innovation
Work Directly with a Partner Visa Expert
From your first consultation to your visa outcome, you’ll work directly with a qualified migration lawyer — not just a case officer.
Clear, Ongoing Communication
We provide consistent updates and detailed explanations throughout your journey — you’ll never be left guessing.
Nationwide & International Access
We can connect with you via phone, whatsapp or Zoom Call - no matter where you are.
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Our proven track record speaks for itself. With a 99% success rate, we only take on cases we know we can win.
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No hidden fees, ever. Every service comes with a clear, fixed-price agreement so you know exactly what to expect — no surprises.
🛡️No Visa, No Fee Guarantee🛡️
To underscore our commitment to client success, Salvo Migration offers a No Visa, No Fee Guarantee. This means that if your partner visa application is not approved, and certain conditions are met, our professional fees will be refunded. This guarantee reflects our confidence in delivering positive outcomes for our clients.
How Much Does Your Partner Visa Refusal Appeal Cost?
Done for you by an Australian Immigration Lawyer
Free Partner Visa Refusal Strategy Session
Initial guidance to check your review rights, deadlines, and the strength of your appeal — plus the best next steps to fight your refusal.
Price: FREE
Value: Up to $350
Duration: 30 mins
Full Legal Representation
End-to-end appeal support including strategy, evidence plan, written legal submissions, and representation by a registered migration lawyer at the Administrative Review Tribunal (ART) for your partner visa refusal case.
Price: $5,997 (inc GST)
Value: Priceless
Duration: Until your ART appeal is hearing‑ready and concluded
Note: The official ART application fee is a separate government/tribunal charge and is paid directly to the ART.
Ready to get started?
Need expert help?
Every situation is different. At Salvo Migration, we help couples facing partner visa refusals navigate time-critical appeal deadlines with clarity and confidence. Whether you’re worried about insufficient evidence, relationship concerns, or how to present your case at the hearing, we’ll help you take the right next step.
Valued up to $350
Partner Visa & Section 48 Bar in Australia
Partner visa applications can be significantly affected by Section 48 of the Migration Act if you are in Australia and have had a visa refused or cancelled since your last entry.
This legal restriction prevents you from lodging most new visa applications onshore. At Salvo Migration, we help you understand whether Section 48 applies to your case and create a strategy to protect your pathway to a Partner Visa.
What Triggers the Section 48 Bar?
Here are the key factors that determine whether Section 48 applies to your situation:
Location – You are currently in Australia when your visa is refused or cancelled.\
Visa Status – You do not hold a substantive visa (e.g., visitor, student, work).
Timing – The refusal or cancellation occurred after your last entry into Australia.
Visa Type – Only certain visas can still be lodged while Section 48 applies (most Partner Visas are not exempt).
Why Preparation Matters
Section 48 cases are complex and highly time-sensitive. Deadlines for appeals or offshore applications can be as short as 7 to 21 days.
Working with an expert migration lawyer ensures your case is:
Assessed accurately to confirm Section 48 applies
Strategised effectively for appeals or offshore applications
Lodged on time with strong supporting evidence
The right preparation can mean the difference between staying on track with your Partner Visa or losing your pathway entirely.
Want a clearer estimate for your visa timeline?
Book a Free Visa Consultation with our legal team (valued up to $350).
We’ll assess your situation, explain your likely processing time, and help you avoid costly delays.
Common Questions About Partner Visas & Section 48 Bar
Expert guidance from Salvo Migration to help you navigate appeal challenges with confidence.
Problem: What is Section 48 and how does it affect Partner Visas?
Solution: Section 48 of the Migration Act prevents you from lodging most new visas in Australia if you are onshore, do not hold a substantive visa, and have had a visa refused or cancelled since your last entry. Most Partner Visas are not exempt, meaning you may need to lodge offshore or appeal the decision.
Problem: Can I still apply for an onshore Partner Visa (820/801) if Section 48 applies?
Solution: In most cases, no. You will need to either:
-Apply for an offshore Partner Visa (309/100)
-Lodge an appeal to the Administrative Appeals Tribunal (AAT) if eligible
-Apply for an exempt visa that allows you to remain in Australia-
Problem: How do I know if Section 48 applies to me?
Solution: Section 48 applies if:
1. You are in Australia
2. You do not hold a substantive visa
3. You have had a visa refused or cancelled since your last entry
A migration lawyer can assess your exact situation and confirm.
Problem: Can I avoid leaving Australia if Section 48 applies?
Solution: It depends on your eligibility for an exempt visa. In most cases, you will need to leave Australia to lodge a new Partner Visa unless an exemption applies.
Problem: What are my next steps if I’m affected by Section 48?
Hearings can be intimidating, but preparation makes a difference. Your migration lawyer can prepare you for questions, cross-examination, and how to present your case clearly.
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