Understanding Section 48 Applicants Restrictions and Partner Visa Subclass 820/801
For individuals to whom section 48 of the Migration Act applies, navigating the application process for a Partner visa can be tricky as it comes with specific restrictions. Section 48 applies to individuals in Australia who do not hold a substantive visa and have experienced a visa refusal or cancellation. Understanding these restrictions can assist you in meeting your expectations for the future application process.
What are the Restrictions for Partner Visa under Section 48?
If an applicant falls under section 48 bar, applicants cannot lodge certain visa subclass while they are in Australia if their most recent visa has been refused or cancelled. However, there are exceptions, and Partner visa (subclass 820/801) fall under these exceptions.
To be eligible to apply for a Partner Visa under the Section 48 bar, the applicant must not have been refused any of the following visa subclasses since their last entry into Australia. If a refusal has been issued for any of the below-mentioned visas mentioned below, the applicant will not be eligible to lodge another Partner Visa application in Australia under section 48.
The applicant must provide an approved form specified by the Minister. The form must be completed and signed by the Partner Visa’s sponsor (applicant’s spouse or de facto partner). The spouse or de facto partner must be an Australian citizen, Australian Permanent Resident (PR) or an eligible New Zealand citizen.
The applicant must also submit 2 statutory declarations at the time of the application. Each statutory declaration must be made by an Australian citizen, Australian PR, or an eligible New Zealand citizen who is not a partner. They must declare that the applicant and the sponsor have an ongoing and genuine relationship. The statutory declaration must be signed within 6 weeks prior to the visa application lodgement date.
What is the Application Process for Subclass 820/801 Under Section 48?
Applicants eligible to apply for a partner visa under section 48 must follow the requirements below:
The applicant must lodge the visa application while onshore in Australia, and the individual cannot be in immigration clearance at the time of lodgement.
A bridging visa is typically granted to allow the applicant to remain lawfully in Australia while the Partner Visa application is processed.
Are there any additional restrictions for Section 48 Applicants?
Applicants holding a bridging visa under section 48 are generally subject to travel limitations. If the individual leaves Australia without appropriate travel permissions, they may be issued with a re-entry ban.
Are there any exceptions or special considerations under Section 48?
Section 48 restrictions are lifted for applicants under specific circumstances, including if the applicant is a dependent children or applicants who entered Australia on certain temporary visa such as Prospective Marriage Visa (Subclass 300).
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How Can Agape Henry Crux Assist
Agape Henry Crux has a team of immigration lawyers and registered migration agent who works together with our Accredited Specialist Immigration Lawyers. The team specialises in handling highly complex matters, and if you are unsure of the eligibility and requirements of the Partner Visas. Schedule an appointment with one of our solicitors to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
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This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
