Section 48 Bar and the 3 year Ban

Lets talk about PIC 4014 and Section 48 Bar affecting a-lot of  applicants these days

You can face a 3 year ban if you have left Australia unlawfully or have had a visa cancelled.This would prevent you to make any further applications to the Department Of Home Affairs.   

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This condition won't be on your current grant letter, but actually is on any further applications to be made. This is the main reason why alot of people are not aware of this and this can cause complications in case you want to apply for future visas. This would be under the conditions to satisfy any future temporary visa applications such as:-

1.Visitor Visa (Subclass 600)

2.Student Visa(Subclass 500)

3.Temporary Work(Subclass482)/(Subclass 457)

4.Prospective marriage visa (Subclass300)

5.Working holiday (Subclass 417/462)

Any permanent visa applications do not need to meet this criteria of PIC 4014/4013. If you are applying for visas which lead to permanent residency but also have a provisional visa involved such as partner visa, even in this case the applicant does not need to satisfy the PIC 4014. PIC 4014 is relevant to leaving the country unlawfully whereas PIC 4013 means cancellation of visas.

Alot of applicants who have had their visa refused does not necessarily mean that they are staying unlawfully unless they overstay their visa duration. If you are traveling on Bridging visa C,D or E, overstayed or had visa cancelled its safe to assume you would face a 3 year ban. Compelling reasons can still get you a waiver but it depends on case by case basis.

Section 48 BAR

This applies to applicants who 

1. Have had a visa refused. Other than refusal of bridging visa or a refusal under section 501, 501 A or B. 

2. Don't hold any substantive visa 

Held a visa which got cancelled under section 109(incorrect information), 116 (general power to cancel), 134(business visa), 137(student visa).

3. Applicants often think that on a Section 48 bar they can apply for Bridging visa B, leave Australia temporarily and then apply for new visa when they are offshore.

4. However according to Section 48(3) of the act if you leave Australia while holding a bridging visa , then you are considered to be onshore even if you have a temporary international travel.  Also Section 48 applies for only those who dont have any substantive visa. So if you lodge an application while holding a substantive visa, and it gets refused. You can still lodge any other visa if the substantive visa is still valid.

If you have any queried regarding migration to Australia. Feel free to contact us.

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Jean Amoorthum On, 4 December 2018

Hello! I have a pending permanent visa application. (I am on a BVA). My wife is on a bve. ( 3 years ban) if she departs australia. Can i add her as a secondary applicant to my permanent residence application and therefore she can be on a BVA as myself awaiting my pr to be granted? Thanks

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Farah On, 8 January 2019

Hi.. Im 2016 i apply for bridging visa A. And 2017 i leaving australia. So my bridging visa is already refused? Also my visa? I will get married with australia citizen in 2020.can i apply for partner visa or permanent resident after get married? I will married in my country.can i stay with him in australia after married? Pls help me to know.really. thanks -farah-

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