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 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.
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) deemed to be an application for 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 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.
Otherwise…
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.
Types of bridging visas
The three most common types of bridging visas are a, b, and e.
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 a VEVO check. It’s online and free.
Know this…
BVB limitation
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.
BVB disaster
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.
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 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.
Only one chance!
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.
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 to refuse your visa application, allowing you or your migration agent or immigration lawyer enough time to file an appeal.
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 independent immigration legal advice if 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 precise visa status regularly 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
My name is Pedro, Mexican citizen and working full time since 2017 , I have received a notification from the AAT that my appeal (457 employer nomination refusal)should be decided in 2 weeks, and it’s more likely to be refused again, so I was about to go to NZ to submit my offshore partner visa, as I’ve been in a defacto partnership since 2019 and we are getting married in Nov this year, I hired a lawyer in Brisbane and her advise it’s to leave Australia and avoid BVE, she reckons I dont have any compasionate circunstances to be granted a schedule 3 waiver. It is very disapointed because both (my partner and myselft) we work full time, we have already booked our wedding and we have a dog and 2 cats , so we will be forced to leave to NZ within 35 days after refusal.. I have read that schedule 3 could be tricky and because covid this might be a good excuse to get it waived.. I need more advise.. also, My application will be subjected to a health waiver, and this has been managed in australia all this time.
I’ve emailed you directly.
Regards,
Nilesh Nandan.
Immigration Lawyer.
MyVisa® Lawyers.
Australia’s #1 Immigration Law Advisory MyVisa.com.au/about
Hey
Good day, I’m on a subclass 600 visiting visa which expires March 22’, but I can only stay 90 days at a time. My wife and I are planning on logging a partner visa onshore, before my current stay expires 29/09/2021. Will a bridging visa be granted on my current stay(after 29th sept) or the total length of the subclass 600(29th March 22’).
Thanks
Hello Desmond
A bridging visa is actually granted immediately after lodgment of your subclass 820 partner visa.
What is important to note is that the bridging visa does not kick in until suchtime as your current visa expires, which is 29 September 2021.
I expect after midnight on the the day of 29 September, your bridging visa will kick in and keep you lawful in this country until such time as a final decision is made in relation to the 820 application which you are proposing to lodge.
You should also be aware that a bridging visa A class will not continue if you exit Australia. So, you will need to lodge a bridging visa B class in order to return within a defined period and then continue your stay in Australia, until such time as a decision is made in relation to the 820 application.
Nilesh Nandan
Thanks, that’s what I thought but the explanation was clear and precise.
Thanks
Hey Sir,
I applied for partner visa. I got the acknowledgment but I didn’t get the bridging visa acknowledgment
Hi Deepak
Don’t worry if the application was made properly. The acknowledgement can take a few weeks.
Please book in with me using the link below.
Thank you for contacting me.
Regards,
Nilesh Nandan.
Immigration Lawyer.
MyVisa® Lawyers.
Australia’s #1 Immigration Law Advisory
https://myvisa.com.au/10-minute-chat/
Hi I need your help!
I had applied for 485 in Jan 2021 and was holding bva at the moment. I am planning to apply for bvb and go back to Hong Kong for a period of time.
May I know if my bvb expired but I was still in Hong Kong, is it possible for me to wait for 485 being processed offshore (in Hong Kong)? Many thanks!!
Hi Nicole
485.411 states
(1) The applicant who satisfies the primary criteria for the grant of the visa:
(a) unless paragraph (b) or (c) applies—must be in Australia, but not in immigration clearance, when the visa is granted; or
(b) if the visa is granted during a concession period—may be in or outside Australia when the visa is granted, but not in immigration clearance; or
(c) if the applicant applied for the visa outside Australia during a concession period and the concession period has ended at the time the visa is granted—may be in or outside Australia when the visa is granted, but not in immigration clearance.
(3) In any other case, the applicant may be in or outside Australia when the visa is granted.
For advice, please book in with me using the link below.
Thank you for contacting me.
Regards,
Nilesh Nandan.
Immigration Lawyer.
MyVisa® Lawyers.
Australia’s #1 Immigration Law Advisory
https://myvisa.com.au/10-minute-chat/
Hi Nilesh – are we able to enter Australia on sub class 600 and then apply for sub class 461 and hope to receive a BVB while 461 is being processed? It’s two years are present hence wondering if this is a possibility? Also wondering what’s the processing time for sub class 600 out of New Zealand for someone who is on an Indian passport and Nz PR holder. Thanks
Hi,
My wife is on 600 visa since last year. It is due to expire in October. I have applied for 820 partner visa and as a result BVA is granted but not active yet. My wife is a registered nurse and want to start working asap. Is there anyway that her BVA can become active now and she wont have to wait until October?
Thanks
O
Hi Osama
There is no magic solution here.
Please book in with me using the link below if we can assist with anything else.
Thank you for contacting me.
Regards,
Nilesh Nandan.
Immigration Lawyer.
MyVisa® Lawyers.
Australia’s #1 Immigration Law Advisory
https://myvisa.com.au/10-minute-chat/