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…
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 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
Hi Nilesh,
Thanks for this info!
I have a visitor 600 visa which expires on 10 April and allows stay of up to 3 months. I entered the country on 10 March and after submitting my partner visa 820 I was automatically issued a bridging visa A which comes into effect on 10 June. Shouldn’t that come into effect on 11 April when my visitor visa expires? Is the bridging visa date wrong or is my visitor visa actually valid past the 10 April date listed on it?
Thanks,
John
Dear nilesh I applied for subclass 838 aged dependent relative visa I was granted a bridging visa A 010 on shore I need to travel to india very urgently to wind up property and financial matters related to banks which needs urgent attention I would be travelling with my son who is aus citizen we will also be visiting a prospective wife to be for my son will I be granted a B V B thank you 0410060825 I have not discussed this matter with u before please help
Dear nilesh I applied for subclass 838 aged dependent relative visa I was granted a bridging visa A 010 on shore I need to travel to india very urgently to wind up property and financial matters related to banks which needs urgent attention I would be travelling with my son who is aus citizen we will also be visiting a prospective wife to be for my son will I be granted a B V B thank you 0410060825
Hi Niles, I have similar issue my visa is expiring tomorrow, I applied for 408 visa on 11th March and today is 15th March and I didn’t get my bridging a visa yet but I got acknowledgment . I applied separately for bridging visa but still didn’t get anything. Called immigration and they said it’s matter of wait.
What should I do any suggestion ?
Coz isn’t that if I don’t get visa by tomorrow then I will be unlawful citizen ?
Hi, I have applied for my Student Visa (500) on 11th March 2022 with a Covid-19 impacted student letter from my education provider as my course was defferred because of not being in Australia.
Since, I am currently in Australia and my last student visa is expired on 14th March 2022, and has not received a Bridging Visa A yet.
Do I need to apply for Bridging Visa E? Or should I wait for my application approval and my Bridging Visa A will start from back date i.e. 11 March 2022, Visa application lodgment date.
Hi Nilesh, thank you for this informative page! I have a question regarding ETA, BVA and 494 visa.
I’m planning to travel to Australia with ETA (which allows for multiple entry and maximum stay of 3 months) and then lodge for 494 visa onshore. I’m aware that I’ll then receive a BVA automatically, which will only activate following the expiry of my ETA ie 3 months later.
I understand that I will only receive full working rights associated with 494 visa after my BVA is activated. So I am planning to return to my country and re-enter using my ETA before the BVA is activated. Is this possible since my current substantive visa (ie ETA allows for multiple entry)? I am getting conflicting answers about whether the 3 months stay would renew upon re-entry thus, delay the activation of the BVA?
I appreciate your input on this matter. And please correct me if my understanding is wrong. Thank you Nilesh!! 😊
Catherine
Great question!
I think the better view is that the substantive ETA visa would come into effect immediately after second entry, and as you rightly said, would be impacted by the “no work” condition.
One possible solution would be to lodge a simple single entry visitor visa subclass 600. This would kill the ETA.
Hope that helps.
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
*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.
Hi Nilesh,
Thank you for your reply!
May I please clarify my understanding that I will enter using ETA and lodge 494 onshore. Return to my country and apply for single entry 600 tourist visa to re-enter before the activation of my BVA?
Would the single entry 600 tourist visa not pose the same problem ie refresh the 3 month stay and delay the activation of my BVA?
Also, I read that I could potentially apply for BVB while holding an inactive BVA if I believe that my current substantive will cease before re-entry. Is that another way I could try?
My goal is to lodge the application onshore but to only return to Australia when I have full working rights ie when BVA is active. I appreciate your advice. Thanks!
Hi Nilesh,
The following incident happened with me and therefore I could not apply for the citizenship online.
I have applied for 887 visa on 28/09/2019, it was just 1days before of my substantive 489 visa expiry date 29/09/2019.
My bridging visa granted on 01/10/2019.
My 887 visa granted on 04/03/2021.
I have been in Australia since September 2017.
Therefore, i tried to apply for citizenship online and i was stack in certain page saying that i am not eligible to apply.
I have contacted with immi help line and he told that I was an unlawful non-citizen, present in Australia for that period between when my substantive visa expires and bridging visa granted (that is 30/09/2019).
Just for 1 day (30/09/2019) my eligibility date for applying citizenship went on October 2023 though its not my fault its their system fault.
Could you please provide any suggestion how can i proceed to apply for citizenship without waiting upto 2023?
Thanks in advance.
Hi Rima
Thanks for sharing.
What a nightmare all because the Department failed to issue your Bridging Visa (BVA) on time.
The are two sides to this.
One side suggests you are unlawful for the a short period (29/9 to 1/10) because you held NO visa.
The other side suggests that you must have been “ok” in that period because if you were unlawful this ought to have affected your BVA or 887 decision, if not causing a refusal, at least raising a red flag. But yet your BVA and 887 were then both granted without any dramas.
The better view is the first of the two above. Unfortunately you were unlawful.
I get your frustration! Most of the time a system auto-generates a letter promptly confirming you BVA grant. At other times it does not. How horrible! Surely the Department should fix this.
Is there a solution?
Yes!
I would lodge a paper based application for Australian Citizenship using form 1300T and explain that there was an administrative error and then argue that (but for this error by the Department) you are otherwise eligible for citizenship OR this might also be able to done online, if you can locate an option referring to “ministerial discretion”.
Below I have shared an extract of the Department’s policy document.
Hope this helps.
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
Policy:
5.1 Unlawful due to an administrative error – subsection 22(4A)
Under subsection 22(4A) of the Act, the Minister ‘may treat a period as one in which the person was not present in Australia as an unlawful non-citizen if the Minister considers the person was present in Australia during that period but, because of an administrative error, was an unlawful non-citizen during that period’.
The discretion has two elements:
1. there must be an administrative error; and
2. the error must be the reason why the person lacks or lacked the necessary legal status (in other words, the error is the cause).
…
Decision-makers must be satisfied that an administrative error has occurred. Most cases of administrative error will require examination of the applicant’s migration records. The following are examples of where a decision-maker may consider applying the ministerial discretion provided under subsection 22(4A) to assist a person to meet the general residence requirement. These examples are not exhaustive and each case must be considered on its own merits.
The applicant was advised by the Department that they were a lawful non-citizen when in fact they were unlawful, and as a consequence the applicant did not apply for a visa. The period to which the discretion could be applied would be from the time the incorrect advice was provided until such time as the applicant became aware, or could reasonably be considered to have become aware, that they were unlawful. Note: the period before the incorrect advice was given would not form part of the period covered by an exercise of this discretion.
A person makes a valid application for a substantive visa and an associated bridging visa, but the bridging visa is not granted prior to the person’s current visa ceasing, resulting in the person becoming an unlawful non-citizen.
(Emphasis added by Nilesh)
…
In some circumstances this may be considered an administrative error. For example, if departmental procedures were not followed, resulting in the application lodgement not being recorded and a bridging visa not being granted until after the former visa ceased.
In contrast, if the visa application had not met validity requirements until after the person became unlawful then the period of unlawfulness might not have been due an administrative error. Note: some visas have extensive Schedule 1 validity requirements which must be met for an application to be valid. Assistance from the relevant visa processing area may be required to assess whether the applicant made a valid application prior to becoming unlawful.
Hi Nitesh, I am on a similar boat, where my student visa is expiring on March 15th, whereas I applied for a 485 visa on 8 March. I have got the Visa acknowledgment email from them, but not the automatic BVA .
I have repetitively called up DIBP and got them to escalate my case(they confirmed
my application is valid several times), but I am worried about what to do if my BVA does not arrive by March 15. I even filled in the form that you can fill out to report issues within immiaccount, as more proof of a valid application from my end.
I guess my questions are as follows:
Is it possible for me to receive a BVA over the weekend, and in that case, does the DHA process applications this Monday over Labour Day(even though Labour Day is not a national holiday)?
Should I consider leaving the country?
Hi Aniruddha
Firstly my name is “Nilesh”. Thank you for posting your question here. I have addressed this issue thoroughly in other answers so I will stick to your specific questions.
The answer to the first question is that it is indeed possible for a bridging Visa to be graded over a weekend. I have received bridging visa grant notifications at very odd times including when it may be a public holiday in one state or more than one state or territory.
The answer to your second question is that you should most definitely must not leave Australia until such time as the bridging visa A (subclass 010) is granted and that you have made an application for a bridging Visa B (subclass 020).
For the sake of completeness let me add that sometimes a strategy that could be used to precipitate the grant of the VBA is to make a formal application for a BBA separate to the one that was made by operation of law at the time you filed your application. This will normally wake Immigration up and they will grant the automated BVA and request that you withdraw your own separate VBA application.
I hope this helps.
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
*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.
Hi Aniruddah, mate have u got bridging visa yet ? If yes then ur recommendations would be appreciated
Because I called immigration they asked me to wait, which I don’t think is a good option coz it’s been 5 days and one of my friends he applied and he got bridging visa on same day. So why it’s difficult for us
Hi Aniruddah Chowdhury,
Just following up on your situation. As we are also having a similar case.
Did you manage to get a bridging visa?
In our case, we have lodged a new Student Visa but the bridging visa was issued only to secondary applicant(family member) and not to the primary applicant.
We are really worried as our current student visa expires today (15-Mar-2022).
However, our agent said that home affairs will backdate the bridging visa issue date so that if it’s issued after our current visa expires, we will not be unlawful to the duration until the bridging visa is issued.
Dear Nilesh,
Do you have any opinion on this?
Thank you.
Hello Nilesh,
Thanks a lot for your detail explanation. It is a great help for me. I tried online and found discretion section there. I will try here to complete my application online first then will try paper based. I am also interested to take expertise help, if the cost is reasonable. If could send me a quote for the Citizenship application process it will help me to take decision. Keep doing nice work. Good wishes for you.
I need to understand the difficulty of your matter precisely so I can give you the best quote.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
*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.
Good afternoon sir
This is from India, I got your reference from Google, My son is in Melbourne and he is working as a chef .Recently his visa (Graduate 485 ) got refused on the ground that his college has not stated the date of completion of course instead shows only conferral date. Now he has Bridging visa B.
We are interested in an appeal.
Can he travel to india when on appeal.
Hi Rajat
Yes he can travel to India. He needs a fresh BVB.
Book a quick 10 minute chat with me here to discuss the appeal: https://myvisa.com.au/10-Minute
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory