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 were 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, 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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my 72 year old have applied for a subclass 600, currently have a subclass 600 which expires on 15th March, as we have submitted the application once they go past the 15th March the bridging visa BVA will kick in until the new subclass 600 is assessed?
What happens if this visa extension is not approved - only up to 3 months and they only requesting 1 month stay longer due to unable to travel due to perforated ear drum etc. They have current flights booked to return to the UK in March, can they safely move these out by a few weeks? ie 4 weeks?
If the new extension is not approved, you could apply to the AAT. It is costly at $3000 but worth considering.
Also try to expedite the application if you can.
Fingers crossed! The approval may come any day!!
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
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Hi, I am on BVE am I eligible to get invitation or not for 491 &190. Please let me know.
Hi Nilesh, I have a question regarding BVA that I would like to clarify. I have a ETA travel visa that is valid for 1 year and allows multiple entry of maximum 3 month stay.
I have filed for 494 visa and have received BVA which will come into effect after the expiry of my ETA on 5th May 2022. I'm planning to leave Australia and then return before 5th May 2022 and wait for the activation of BVA. Is that possible as my current substantive visa (ETA) allows multiple entry? Or would a re-entry 'renew' my 3-month stay allowance thus delay the activation date of my BVA?
Can I also please double confirm that I will have full working rights with my BVA as I have lodged for SESR 494 visa?
Thanks so much!
I understand her I’ve replied to this question. Is this a duplicate question?
Hi Nilesh,
I'm on BVA for 1year now waiting my student visa to be granted. I have Australian partner and been together for 1,5years. Am i able to apply for partner visa while on BVA?
Thank you!
Hi there, We have an AAT application in process but I as a secondary review applicant want to leave the country. What should we do?
I am the primary applicant of 489 and applied 887 and currently on BVA since August 2021. My family is offshore (I applied for all together) and they now want to come to visit me since the borders are pretty much open. When I go to apply for the BVB for them it shows they do not have a BVA at the fitst place. Seems they are not on BVA, Do I need to apply or a visitor visa for them to visit me for 20 odd days. Orthere is another way out. Why are they not on BVA when I applied for all together.
Hi Nilesh. I've applied for a BVB to go overseas, but Im afraid it won't be granted in time for my flight. Can I leave Autralia on whilst the BVB is being processed?
My husband and I applied for skilled visa 189 for NZ 8 months ago and I withdrew NZ family visa as they told me to do (Warning pop up while we applied for skilled visa). So I was given bridging visa C (I had a bridging visa B before) as I withdrew the NZ family visa application. We planned to go back to my country Japan to see my parents this April. Can I leave Australia and come back with tourist visa (3months) and apply for bridging visa A???
Is there any risk involved in this process?
Bridging visa C and tourist and bridging visa A
Please let me know as I need to go to see my parents.
Hi nilesh.
I am holding a bridging A visa nearly 3 years. I am here with my 4 kids and my husband and am the mIn applicant.
One of my husband parent is critically very ill back in the country and he is the only child that the parent want to see.
Is there any possibility that when he vhNge the visa to bridging B to travel to my country and come back with in the time period.
Note:* my case say that i need protection in my country
Please be advised
Thank you
Hi nilesh
I use bva before and one day my mother was sick and I went back to my country without applying for bvb. I just withdraw visa, can I visit australia using travel?