Australian Bridging Visas: A Guide to Understanding Differences Between Different Bridging Visas & BV Conditions

Bridging Visa Australia

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.

How to apply for a bridging visa?

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.

Is the application necessary?

A formal bridgingvisa applicationis 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.

Automatic grant

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) deemedto be an applicationfor a bridging visa as well. The Department usually always grants that application, either manually or automatically.

Purpose

The purpose of a bridging visa is to bridgethe 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 amechanism for keeping you lawfully present in Australia.

Otherwise…

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.

Types of bridging visas

The three most common types of bridging visas area,b, ande.

Which do you have?

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 aVEVO check. It’s online and free.

Know this…

Bridging visa checklist Nilesh Nandan Immigration Lawyer

BVB limitation

Be careful with abridging 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.

BVB disaster

The biggest risk with aBVBis 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 tostartreturningto Australia several days before your BVB expires, so that you have ample time to re-enter Australia when you return.

Bridging visa after re-entry

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.

Second BVB

You will need to take care to lodge afurtherBVBif 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.

Only one chance!

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 nevergo 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.

Bridging visa lifespan after a decision on substantive application

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 torefuse your visa application, allowing you or your migration agent or immigration lawyer enough time to file an appeal.

Bridging visa lawyer Nilesh Nandan

Bridging visa to travel overseas

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.

Extension of BVE

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.

Depart on BVE – consequences

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.

BVE ban duration

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 independentimmigration legal adviceif you wish to make an application for Australia after exiting on a BVE.

Bridging visa “in effect”

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 precisevisa statusregularly on the Department’s site.

When your bridging visa kicks in

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.

Bridging visa might never activate

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.

Bridging visa not automatically granted

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!

Practice tip!

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!

Your experience?

Please share your comments with me.

I’d love to know more about your experience with applying for this visa subclass!

676 Responses

  1. HI
    i have tourist visa for 1 year with condition number 8503 (no further stay)
    please advise if any way i can apply for bridging visa.

  2. Hi sir my name is rita and i’m malaysia and under bridging A now my case in federal court. I’m looking for lawyer. And i’m doing small business here and study here in aged care . I want stay here, can you help me sir.

  3. Hi
    We are employing a client with a bridging visa, but on the form the “Status” says – Not Active. What does this mean? It has a Grant & reference number, is he still able to work for us?

    1. He or she might have a different (updated passport). If not, that employee is likely not to have a visa and needs to get some advice.

  4. Hi
    I applied for a 457 visa in 2016, but unfortunately the nomination get refused, so immigration refused the visa aswell ( natural justice) . As visa get refused, they locked my under the condition 1026i . Which means only limited no of visa I can apply onshore .I apply for AAT . Now I am on bridging visa A. Now I got a different employer, who is ready to sponsor me on 187 visa. Is their any chance I can apply for 187 visa onshore . Condition 1026i could be waived . Is their is any provision, I can lodge 187 visa while stay in Australia or if I lodge offshore 187 visa and i can come back Australia on bridging visa B and wait for my 187 visa until 187 visa finalised. Looking forward to hear from you .

    Thanks

  5. Hi,

    My current visa (Temporary Graduate 485) is expiring in four days.

    I applied as a subsequent entrant on my partner’s 485 visa almost a week ago. I had applied earlier but they contacted me and let me know that it should be a different visa form (1409).

    We have attached our Relationship Certificate, Police Verification Receipt, Joint Bank Statement along with email correspondences as evidence to prove that my partner and I have been living together for nearly five years.

    But when I contacted them on 131 881, they informed me that my application is yet to be assessed.

    I don’t know if my bridging visa will be issued before my current expires. I don’t want to leave Australia as I am not sure if I will be able to reenter. At the same time I do not want to over stay my visa either! My email enquires to the Immigration department are not helping.

    Please advise.

    Many Thanks,
    Nisha

    1. helo.actually i have same problem.can you let me know wheather immigration granted you bridging visa before your visa expired.what happen if we overstay if we are not granted bridging visa.my visa expired on 15 march but i have applied my 190 visa on 14 but i was not granted bridging visaA

  6. I am on student visa subclass 500 and my visa is expiring 15 march 2018. I have completed my studies. I am travelling overseas on 16 jan and will be back in 1 month. I was planning to apply for Post Study Work Visa 485 but in this case i will be on bridging visa A. So do i need bridging visa B to travel as my student visa is valid uptil march 15???
    I am confused

  7. Hi,

    I wonder if you can offer some advice?

    My cousin checked his immi account on Friday and saw that his bridging visa is no longer showing.. it was in effect before and he and his family have been waiting for an answer about their PR.

    He is very nervous about this, as they put him in detention last year, he won his case but, of course he is nervous for his family and he is nervous they’ll put him back in detention.

    I feel that there would be some rule about notifying people if they have been unsuccessful, to give them time to make arrangements to leave. But if this is true then, they are just revoking his bridging visa without notifying him, leaving him exposed and unsure of what’s really happening.

    I want to help, to find out whether this is even possible. Can they revoke your bridging visa without notifying you?

    Hoping you might know. Thanks.

    1. Unfortunately, there is a borad power to cancel a visa and the cancellation may occur without notice.

      Usually, my clients will check their immi account and find they have no visa, as is the case here.

      The most common reason for this that an email or letter was sent to the visa holder, but for any number of reasons, that letter or email was never received.

      Please contact me if you require specific advice.

      1. Hi
        I was on bridge visa A for 11 month and got married before withdrawing my application and applying for a partner visa(820) which led to being granted a bridge visa C. After 9 months I had to travel overseas due to an emergency. I contacted department of homeaffairs and applied for bridge visa B but couldn’t find a way to leave Australia lawfully. I left australia and then I applied for a visitor visa to come back to Australia to be with my husband who is an Australian resident.
        Now I was asked by homeaffairs to provide information that I have a compelling and compassionate reason otherwise I can get banned for 3 years.
        – I was wondering what to write about my relation to my husband to deem compelling/compassionate? We already included marriage certificate in our application.
        – What are the chances of actually not getting banned for leaving australia on bridge visa C

        Thank you for you advices in advance
        Ata

Leave a Reply

Your email address will not be published. Required fields are marked *

Share This

Facebook
Twitter
LinkedIn

Related Posts