A Bridging Visa is a temporary visa that allows you to stay in Australia after your “current” substantive visa ceases and while your “new substantive” visa application is processed.
It “bridges” your stay in Australia from the cease date of your current visa usually until 35 days after a final decision is made on your application.
Most of the time you don’t need to make a formal application for a bridging visa. This is because it is granted to you by operation of law.
A formal bridging visa application is usually not needed if you apply for a further visa while you are in Australia and you already hold a substantive visa at the time of making your further visa application.
The reason why a formal visa application for a bridging visa might not be required is that by operation of law, the valid application for a further visa in Australia is typically (but not always) deemed to be an application for a bridging visa as well. The Department usually always grants that application, either manually or automatically.
The purpose of a bridging visa is to bridge the gap, if any, between the time at which your current substantive visa expires and the point in time when the Department grants your new substantive visa.
The bridging visa is a mechanism for keeping you lawfully present in Australia.
If a bridging visa was not to be granted, then it would mean that you would be an unlawful non-citizen, present in Australia for that period between when your substantive visa expires and your further visa is decided.
The three most common types of bridging visas are a, b, and e.
The most important thing to check is that you always have a visa whilst you are in Australia (if you’re not the holder of an Australian passport).
You can check the visa that you hold at any time by completing a VEVO check. It’s online and free.
Be careful with a bridging visa b (BVB). Its purpose is to allow you to leave and return to Australia whilst you wait for the grant of a further substantive; you may exit Australia for a very finite travel period and must re-enter Australia by a specified date.
The biggest risk with a BVB is that you forget the period of your BVB grant, and you then fail to re-enter Australia before the date specified. Take very careful note to start returning to Australia several days before your BVB expires, so that you have ample time to re-enter Australia when you return.
When you re-enter Australia your bridging visa b does not change back to a BVA but will show as a BVB, allowing you to continue to stay in Australia but importantly does not then have any exit and return facility.
You will need to take care to lodge a further BVB if you wish to again exit Australia during the period in which you are waiting for the grant of your further substantive visa.
If you hold a BVA or a BVB you can apply for a further BVB.
Unfortunately, if you hold a BVC or a BVD or a BVE then you can’t apply for a BVB. It’s like losing your virginity.
Think of it this way – if you hold a BVC or BVD or BVE, you can never go back to get a BVB. At least until after your further substantive visa application has been granted.
As explained above, bridging visas “bridge” you from the time an existing visa ceases to be “in effect” until the time a decision is made on any new visa you may have applied for.
Usually, the bridging visa will run for a period of up to 28 days (and possibly 35 days, depending on when you lodge your application and when your bridging visa is granted) after the decision of the Department to refuse your visa application, allowing you or your migration agent or immigration lawyer enough time to file an appeal.
The Department of Home Affairs can issue you with a bridging visa if you intend to exit Australia. This is known as a “bridging visa on departure grounds”. These visas are for a fixed period.
There may be some scope to have these extended if, for some reason, you can’t depart. This is subject to negotiation between you and the compliance officer at the Department of Home Affairs.
For example, you might be without a visa and need a week or so to get things in order before you can exit Australia.
Immigration will often grant you this type of visa for a fixed term which will allow you time to exit the country or lodge another application.
There are serious consequences that follow after you exit Australia on a BVE. This is known as “special return criteria” where you may suffer a period of exclusion from Australia or a ban from a further visa grant for Australia.
The duration of this ban will depend on the sort of visa you are applying for and your circumstances. This is something that I advise on regularly and you should get independent immigration legal advice if you wish to make an application for Australia after exiting on a BVE.
Although your bridging visa may be granted (and you may have received a letter from Immigration saying that you have been granted this visa) take care. This visa usually only comes “into effect” when your existing visa expires and remains in place while the Department considers your new visa application. For example, suppose you are a holder of a subclass 600 Visitor visa. And you apply for a subclass 482 Temporary Skills Shortage visa while onshore.
Check your precise visa status regularly on the Department’s site.
You will not automatically become the holder of a bridging visa as soon as you make that 482 visa application. You will still be on your subclass 600 until it expires. Your bridging visa will usually kick in, if at all, immediately upon the expiry of your subclass 600 Visitor visa.
The Department may grant your 482 visa application while your subclass 600 visa is still in effect. This means your bridging visa in association with your subclass 482 visa application will be extinguished and never come into effect.
Don’t stress. Be vigilant with your follow-up as to why it could be that the Department didn’t consider your application valid.
Consider making a separate application for a bridging visa if your recent substantive visa application was valid but the Department hasn’t yet granted your bridging visa – this usually wakes up case officers!
Stay onshore (inside Australia) if your bridging visa is not yet in effect.
Exiting Australia will usually extinguish this visa and you may well find yourself stuck offshore. This can be tricky and I would recommend you get advice if you plan to exit from Australia. Book a call with me!
Please share your comments with me.
I’d love to know more about your experience with applying for this visa subclass!
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Hi sir
Just wanna know an advice regarding our situation
Currently we are on bridging visa e completely due to the negligence of our lawyer as she counted days incorrectly and lodged the application two days after overstay
At the same time she applied for 866
Now we don’t have working rights
We applied working rights once and got rejected due to failure in justifitung the delay for 866
We again lodged working rights application by reasoning out delay for 866
Currently looking forward to a response from immigration
As we are subjected to reentry ban we are aware that we cannot apply for any visa onshore even offshore for temporary visa for 3 yrs after leaving the country
But still we can go for permanent visa
So what our lawyer suggested us to apply for nomination for 190 and 186 as my husband was working under a sponsor before this thing happened
Can we apply for a nomination onshore while being on bridging e
At the same time sir do we have any chance of apply for waiver for this reentry ban
We are so desperate as we have a
child
Currently we are starved to death due to financial hardships
Kindly advice us our future capabilities of selling australia
Thank you so much in advance
Much appreciated
Hi Iresha
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
1. Your lawyer must have professional negligence insurance and you should seek advice as to whether or not you can claim compensation as result of the negligence of your lawyer.
2. Once you have lodged a protection Visa application then there will be a very real problem with making any further temporary Visa application to come to Australia even without a the exclusion period you have mentioned.
3. Exclusion period noted in PIC 4014 does not apply to many permanent Visa applications. Also section 48 does not apply in relation to an application onshore for a subclass 190 Visa. It is however not possible to make an application for a subclass 186 Visa whilst in Australia as a result of the operation of section 48 of the migration act.
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Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Hello,
I’m on a work and holiday 462 visa that expires Feb. 4 2022. I am going to apply for a Covid 408 visa early November and then go home for the holidays and return one month before my current expires. I understand that I’ll be granted a BVA to keep me lawful after my work and holiday visa expires, but I’m wondering if my BVA will cease to exist if I leave Australia while holding it, even if it hasn’t come into effect yet?
Hi Brynn
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
1. Can I assume there is an error in relation to your stated expiry day. It should be February 2023.
2. Yes the Bridging Visa “A” Class (Subclass 010) will expire upon exit. Solution: It is possible to apply for a Bridging Visa “B” Class (Subclass 020) even though the bva has not come into effect.
3. Exit as the holder of a Bridging Visa “B” Class (Subclass 020) and return as the holder of the Bridging Visa “B” Class (Subclass 020)… And assuming the 408 is granted, live happily ever after!
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Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Is it risky to apply for covid visa 408 now? And what bridging does it have? Thanks
Great blog post.Helpful and informative tips. I like it thanks for sharing this information with us
Hi Santosh
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Thank you for your positive feedback. It is very very sweet to be appreciated. Indeed it is very rare. I hope our paths cross and if there is anything complicated that you need assistance with feel free to reach out to me. I get a buzz out of helping colleagues in my industry do better.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
Did you benefit from this response? Feel free to buy me a coffee if this was useful. It helps me answer more questions like yours! https://Buymeacoffee.Com/NileshNandan
If you can’t afford to buy me a coffee, you can still help me and others on this channel by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
Good day.. im just checking maybe another person happened too.
I was waiting for my 820 visa with a VBA and with my partner went for holidays (we didn’t know I can’t fly with VBA visa) when we wanted to come back to Australia, I was unable to come back because I didn’t have a valid visa (in this case VBA or 820). After two months they gave me a tourist visa 600 just to arrive to Australia and then i want to apply for a new VBA visa to continue with my 820 visa. Is this real or are there some inconvenience?
Thanks for your help
Regards
Fernando
Hi
Came Australia on visit visa in March 2022. As soon as I landed my home country closed the border no flight can enter and leave the country to stop Covid Spread. Consequently , All airlines cancelled flight to my home country.
My visa has no further stay condition attached. I immediately applied for the wavier and department waved off the condition but 4 days after my visa expired.
On very first day after my visa expired I applied BVE which was granted on the 12th day after my visit visa expired and I left the country on the same visa.
Now I want to apply visit visa again, will my over stay impact my application? I have all the supporting documents to to justify my over stay as it was humanly impossible to leave the country.
Also, an agent told me since BVE was granted within 28 days after expiry of visit visa and I used that visa to leave the country, I fall under expulsion clause and 3 years ban does not applicable to me.
Thanks
2022*
2020**
Hi Nilesh, thank you so much for such a great article on bridging visas. I was wondering if you could possibly clarify or confirm that I cannot make a valid via application onshore for a subsequent entrant (family member) Student subclass 500 visa while holding a bridging visa A (which I had for over a year, and my previous visa wasn’t a student visa)? My research shows that I can’t apply onshore due to having a BVA. What are your thoughts?
And if not, do you think I can make a valid visa application for a Graduate Visa 485 as a family member while on BVA?
Thank you so much, your thoughts would be much appropriated. Thank you, Eva
I am currently holding bva,i'm going back to my country during the pandemic, it has been two years stuck offshore,can i re-enter Australia?
Hi Mr Nilesh
My son’s 485 visa expired on 15 February 2022 and in Dec 2021 he lodge the 485 visa extension since he studied and residing in SA and received BVA thereafter and has working rights.But his 485 visa extension still not received and meanwhile his application under 190 approved by SA this week . when typing online application in immi a/c pop up menu appears and shows you have other unfinalised applications lodged with the department. The applicant will be able to continue; however the unfinalised application(s) may need to be withdrawn by advising the department in writing. Review our website for further information.
I have the following queries and I will be grateful if you could answer those.
1. Is it necessary to withdraw the 485- ext visa application before lodging 190.if not when should he withdraw the 485-Ext application.
2. If he withdraws the 485-Ext application after lodging 190, what will happen to BVA which he has currently and has working rights
3. As suggested in the forum online, once he withdraws the application he can get BVC. Can he work under BVC and if yes what’s the validity of that visa.
4. Do the immigration authorities issue BVA more than once
Thank you in advance for your time.
HI Nilesh,
I once picked you up on UBER when you were just setting up your office in Melbourne. Anyway, I have a quick question.
What happens when someone is on BVE with full work rights and the BVE is about to expire but he/she has already applied for an extension of BVE on the same valid grounds. but the new BVE is not granted and the old one has expired. what is the legal status of such person, also are they assumed to have the same working rights until the new BVE is granted or they should stop working. can't afford much right now but will definitely buy you a coffee :-)
Cheers