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. Hope you find this well. I applied for a 408 visa but was not granted automatic bridging visa. Do i need to worry??

  2. Hello Nilesh,
    My girlfriend and I came on a Working Holiday Visa in May 2019. When our substantive Visa expired there were no flights back to Europe due to the Corona19 pandemic. Since then we were put on a Bridging Visa E by the immigration.

    My girlfriend will leave Australia next week on a Bridging Visa E – do you think this has consequences for future applications? Her profession is on the ANZEC list. Does she has any chance to apply for a 190 visa (skilled nominated NSW) from offshore?

    I want to try to jump on a tourist visa subclass 600 in order to apply for a 190/189 visa onshore since my profession is on the ANZSCO list as well.
    Besides the points, in regards to our current BVE visa, could this work out?

    Thank you a lot!
    Martin

  3. Hello Nilesh. I have applied for a second 408 visa. My current one expires in one week and my bridging visa A kicks in. I want to know if my visa gets refused then what are my options from a refusal on bridging visa? Regards. Ibrahim

  4. Hi Nilesh, how are you? I have a question, My husband was on a student visa Subclass500 and my son and me we were holding a Partner and Child Dependents but the department cancelled his Visa and consequently our visas, . We applied to AAT and the decision was (set aside) they said the visa not to be cancelled, but currently his student visa 500 cancelled already expired, what should we do now? how long do we need to wait until the department replace the new decision. thank you.

  5. Hi Nilesh,

    I am the holder of Bridging Visa A and waiting for my student visa decision. I started my course by Oct 2020 and my course finished by 14 Jul 2021. Can you advise what should I do now. Should I wait for my student visa decision or apply for a new course.

    Thanks for your help.

    Chris

    1. I understand how frustrating this must be for you. You must have course the enrolled in a course in order for a student visa to be granted so I would certainly apply for a new confirmation of enrolment.

      In the interest of a speedy response I use voice to text software. Please excuse any typ. errors.

  6. Hi Nilesh, how are you? I have a question, I was on a student visa Subclass500 when we (me and my husband) arrived here last Oct. 2018 and finished my studies last Nov. 2020. Our visa expired last January 2021 but we applied again under a student visa. Now my husband is the one who’s studying but still we are on bridging visa A. I’m just wondering coz we applied our student visa last Nov 2020 but we don’t have any idea what take so long for our result. What do you think is the problem? Thank you. I hope for your response. 😊

    1. There’s quite a degree of variability in terms of how long it takes for a student visa to be granted at the present time given the covid-19 pandemic.

      Factors which affect delay include simple backlog, integrity checking in relation to your application, your original country of residence and other risk factors.

      It may help you to know that I’m aware of other cases where similar delays are being encountered and assuming that you have put in a good application I would simply sit tight and ensure that you remind lawfully present in Australia by checking Vevo regularly.

      Additionally you should make sure that you have a current confirmation of enrolment and that you do not finish the studies in respect to which the confirmation of enrolment was submitted with the application in November 2020.

      In the interest of a speedy response I use voice to text software. Please excuse any typ. errors.

  7. Hi Nilesh,
    I would like to ask regarding WA 010, i was applied on 2018, but i not sure when the expired date coming? Could u know how longer can stay with WA 010 visa in australia, without do any court yet?

    1. The subclass 010 is also known as a bridging visa a class and is typically granted for an indefinite period which expires either 28 days or 35 days after a final decision has been made in relation to whatever substantive visa you have applied for.

      I would make sure that your contact details with immigration are up to date so that you are 100% sure of receiving any communication from the Department in terms of their decision-making.

      Cases can be delayed in terms of processing for multiple reasons.

      Some are the legitimate reasons for example relating to a resourcing issue and others can be quite bizarre, for example, relating to where immigration has somehow misplaced your application in its systems.

      Another common reason for excessive delay is if your application has been flagged for integrity-checking.

      This would mean that the department has reached out to other stakeholders in its network in order to confirm the authenticity of material provided.

      In the case of concerns about whether or not the character requirement has been met, then you can expect considerable delays if the case officer reaches out to other stakeholders because of the criminal aspect of your case and the policy considerations which would flow from allowing a person with a criminal record to be granted a visa.

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