Partner visa (Subclass 820)
The most used exception. For applicants in a genuine married or de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. See Subclass 820/801.
Onshore Options Despite Section 48
Section 48 blocks most onshore applications, but not all.
Section 48 blocks most onshore visa applications after a refusal or cancellation. But not all of them. The exceptions are the key to onshore options. This page lists the main exceptions and explains when each is practically useful.
The full list of exceptions
Seven exception categories.
Some are widely used. Some are very narrow. Each has its own eligibility test.
Protection visa (Subclass 866)
For applicants who fear persecution or significant harm in their home country. Must meet refugee or complementary protection criteria.
Medical Treatment visa (Subclass 602)
For specific medical treatment purposes. Narrow criteria. Usually requires sponsorship or support arrangements.
Child visa (Subclass 802)
For dependent children of Australian citizens, permanent residents, or eligible New Zealand citizens. Onshore child visa in specific circumstances.
Bridging visas
Bridging visas continue to be available as they facilitate lawful status rather than being substantive visa applications.
Other prescribed categories
Certain narrow categories prescribed in the Regulations, including the historical territorial asylum visa (Subclass 800) and others from time to time.
Partner visa (820) as the most common exception
The exception that matters to the most clients.
If you have an Australian partner, the Subclass 820 is usually your best onshore pathway after a Section 48 trigger.
Who qualifies
Applicants in a genuine married or de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
De facto 12-month rule
For de facto couples, 12 months of living together is generally required. Exceptions exist for registered relationships (in states that recognise registration), shared dependent children, and compelling circumstances.
Evidence standard
The four-area framework: financial, social, household, commitment. Section 48 cases face extra scrutiny, so evidence needs to be strong and well-organised.
Bridging visa benefits
Once lodged, the 820 provides a Bridging Visa A that allows the applicant to remain lawfully in Australia while the application is processed.
Strategic combinations
Exceptions alongside other pathways.
A Section 48 case rarely uses just one door. Parallel strategies give the best prospects.
Partner visa alongside ART appealAn applicant whose visa was refused can often lodge both an ART appeal (of the refusal) and a partner visa (as a fresh application). The appeal addresses the old refusal. The partner visa provides a parallel pathway.
Partner visa timing vs bridging visaLodge the partner visa while you still hold a bridging visa. This ensures the new Bridging Visa A kicks in correctly. Lodging after becoming unlawful creates complications.
Multiple exception visasIn some cases, more than one exception applies. A person with both a partner and a protection claim has parallel options. Each needs separate assessment.
The exceptions exist because some situations should not be blocked by the general rule.
Family relationships, protection from persecution, and urgent medical needs are the core values behind these exceptions. Attempting to use the exceptions without meeting the underlying criteria is treated seriously and can lead to PIC 4020 findings.
Common exception questions
The questions we hear most.
For exception strategy, book with Sourabh Aggarwal or Prateek Maan.
Can I use the partner visa exception if we are not yet living together 12 months?
Yes, if an exception to the 12-month rule applies. Registered relationships, shared children, or compelling circumstances can all satisfy the requirement.
If I lodge a partner visa while Section 48 barred, will the Department scrutinise me more?
Yes. Partner visas lodged by Section 48 barred applicants face extra scrutiny because of the possibility of relationship-of-convenience concerns. This is why evidence needs to be exceptionally strong.
Can I lodge a protection visa just to use the exception?
No. Protection visas lodged without genuine claims can trigger PIC 4020 findings and other serious consequences. Protection applications should only be made where there are real protection claims.
Does lodging an exception visa remove my Section 48 bar?
The bar remains in place. The exception visa allows you to make that specific application despite the bar. If the exception visa is refused, you remain subject to Section 48 for any other onshore applications.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.