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Having only a couple months to sort out my visa, Indah was such an excellent source to have in order to process everything correctly and in a quick manner. She provided the right tools to keep the process simple and user friendly with a professional manner. I would recommend Indah (ONE derland Consulting) for anyone seeking help on attaining a visa. I know if I ever need to apply for another visa, Indah will be the first person I contact! Thanks again for all your help!
Katie Blitz
We would like to say thank you so much for assisting me with my working visa application recently. I was so thrilled when you contacted me to advise that a company offered work with them. From then, everything went so quickly. We did all the skills assessment and preparation of my visa, and it was granted less than 6 months. There is nothing I can say, except thank you for helping me achieve my dream in this beautiful country. I would now like to ask for your help again to bring my partner to Australia. Thank you for keeping me updated with the progress and any changes to the rules. I am sure that many people are very happy with your service!
Fernando Gonzales
I will be forever grateful to Mbak Indah for taking care of my permanent visa application in Perth. It got approved faster than I thought and I am now happily residing in Australia with the freedom to pursue my dreams. I found ONE derland Consulting through a simple search from the migration agent database. I chose her because I felt I could trust her and because she gave me great advice and handled my application very professionally. She keeps you up to date and it has been a pleasure cooperating with her. I fully recommend her to anyone who is looking for migration consulting services, may it be a study visa, graduate, or permanent visa. You can’t get any better advice and representation than this.
Erwin Kurnadi
Thanks God for saving my life, and again Ms Indah acted very quickly, she straight away arranged all my paperwork and applied the visa within 2 days! shall recommend your service to everyone I met in Australia!
Alan Christier

Does the Section 48 bar Apply to my Situation?

Does the Section 48 bar Apply to my Situation?

Does the Section 48 bar apply to my situation?

I know no one wants to hear it, but if you are currently not the holder of a substantive visa (such as a Bridging Visa or you have overstayed and do not currently have a valid visa at all), and you have had a visa refused or cancelled, then it is likely Section 48 will apply to you.

Here’s an example as to when Section 48 Bar WILL apply to you

Kayla came to Australia in March of 2014 on a Student Visa to study Diploma of Early Childhood Education.

Her Student Visa was due to expire on 10 May 2015. On the 1st of May 2015, Kayla put in a second Student Visa application to study another course in Certificate IV in Early Childhood Education.

When she applied for this second Student Visa, Kayla was granted a Bridging Visa, which came into effect on the 11 May 2015; this was on the day after the expiration of her previous Student Visa.

On the 22 June 2015, Kayla’s second Student visa was refused, and she was assessed by the Immigration case officer, as not being a genuine student. This would mean that she is now subject to the Section 48 Bar, as she does not currently hold a substantive visa and has had a visa refused.

Here is an example as to when the Section 48 bar WILL NOT apply to you! 

Brian, an experienced Chef from The United States, is on his first Working Holiday visa. A few months into his stay in Australia, Brian finds a really good job working for a top restaurant and is offered a subclass 457 visa sponsorship by the company.

Brian and his employer submit the 457 visa, however due to Brian not providing enough evidence to prove his skills and work experience; his 457 visa is refused while he is still holding his Working Holiday visa.

As Brian is still the holder of a substantive visa, Brian would NOT be subject to the Section 48 bar, even though he has had a visa refused in Australia.

section-48-situation

Is there anything you can do about the Section 48 bar if it applies to you? 

Even if your circumstances are similar to the first example listed above, there is still a list of visas you can see if you are eligible to apply for under the Regulation 2.12.

Another option is that Section 48 Bar does not prevent you from departing Australia, applying for a subsequent visa and then returning to Australia while you wait for the outcome of the new visa application. There is also a possibility of a waiver on the Section 48 bar in limited cases.

As with most waivers, a waiver application can be simple or very complex. In most cases, however the Section 48 bar can only be waivered on consideration on a specifically written submission and supporting documentation to go with it.

There may be specific visa criteria for the new visa being applied for, so I strongly recommend speaking to a Migration Agent and receiving sound and correct Migration Advice on this avenue before going any further.

CONTACT US FOR FURTHER INFORMATION

ONE derland Consulting has extensive experience in dealing with a complex cases of various type of partner visas in which the applicants have had a visa refusal/cancelled or have overstayed and become an unlawful non-citizen.

To find further information on Partner visa in Australia and your eligibility, please contact our office on (+61) 089477-5831 or email: [email protected]

Published On: August 18th, 2016 / Categories: Partner Visa_en /

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