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 Mr nilesh, thank you for tye valuable information on the page, my question is how long does BVB takes to process? I’ve already applied for student visa extension and got BVA and I needs to travel overseas so I applied for BVB. I already booked a flight ticket and attached to the application aswell. Usually how long takes for the BVB process? Please let me know. Thank you
Sesha
Two days to two weeks usually.
Was this response was useful? Please click this to review my service, This helps me answer more questions like yours without charge!
*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.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
For more information book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Hello! I’m actually awaiting for my student visa from august, I applied with my partner as a dependant and we still waiting for it.
I’m travelling back to my home country for holidays since i haven’t seen my parents in 4 years so we just lodged our BVB application to leave and be able to re enter the country while the decision is taken.
What happens is our student visa 500 gets rejected while we are outiside Australia holding a BVB. Do we have the chance to lodge another application from overseas or appeal the decision? What can we do? Thank you so much for your help
Hi Paula
Great questions.
Your bridging Visa B subclass 020 Visa will usually be in effect for 35 days after the minister makes a decision to refuse to grant the Visa. This means you will have 35 days in which to drop everything and get back into Australia where you will need to be physically present with your partner in order to make an application for any appeal to the AAT. Of course if you stay abroad, you will need to make a fresh application for a new student Visa. You will lose all appeal rights if you’re not physically present in Australia at the time of making any appeal to the tribunal.
Hope this helps.
*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.
Was this response was useful? Please click this to review my service, This helps me answer more questions like yours without charge!
Hi Nilesh,
I need your urgent help as my wife’s visiting visa is expiring today. She had 8503 and 8531 condition on the visa among which 8503 condition got waived a few days back. And we applied for a new onshore visiting visa asking for extended stay in Australia but we didn’t receive an automatic grant of bridging visa. What can we do now to remain lawful in Australia as she doesn’t want to travel back as her delivery date is near..
I would really appreciate it if you could give me a response at your earliest convenience. We are bit worried as we have offshore partner visa also progressing. Will it have any impact on partner visa decision if she stays here without a bridging visa?
Thanking you in advance.
Abin Thomas
Abin
I apologise for not responding sooner but you should be okay because the Visa in association with the new application for your wife would no doubt have been granted by now. It only creates a problem when you were going for citizenship because the citizenship calculator might show your wife is being unlawful for a number of days. If this happens then you need to read my article on that citizenship topic here.
*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.
Was this response was useful? Please click this to review my service, This helps me answer more questions like yours without charge!
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Thank you very much Mr. Nilesh,
As you mentioned she got her bridging visa the very next morning after her visa expiry. And surprisingly after two days we also received another bridging visa which we applied in relation to existing offshore partner visa application. But this bridging visa is not active as she is holding other bridging visa for the onshore visiting visa application.
My query is, if we withdraw the current onshore visiting visa application will it automatically make the other bridging visa for partner visa application active?
Thanking you
Abin
Hi Nilesh,
My wife’s visiting visa expires today and we applied for a new onshore visiting visa to extend the stay in Australia yesterday. She actually had 8503 and 8531 conditions attached to her current visa. Among these, 8503 condition got waived a few days before and 8531 condition still there. After lodging the new visa yesterday, we only received application acknowledgment not any automatic grant of bridging visa. When I talked to the department they replied she will be lawful if you have already applied to extend your stay before the expiry of current visa even if they don’t automatically grant a visiting visa. I am bit worried as we already have an ofshore partner visa application still progressing. Will this cause any effect on my her application if she stays here without a bridging visa? She is unable to travel back at this stage as she is 32 week pregnant with some risks identified.
Thanking you in advance.
ANSWERED ABOVE.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Hi Nilesh I applied for a protection visa and it’s been 5 day I only received the acknowledgement but didn’t receive my bridging visa yet and my visa expired today
Thanks kishan
You will fine.
Please do contact me if you have any difficulties but it is difficult sometimes to issue.
Was this response was useful? Please click this to review my service, This helps me answer more questions like yours without charge!
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Hello Nilesh sir,
I have applied my BVB on 1 march 2022 through post in melbourne. I booked my flight on 20 march 2022 which i cancelled already but i am still waiting for my BVB. I applied couple of times before as well it usually grant in 3-4 working days. Do you have any idea how long does it take nowadays ??
You are right. It should take between two days and two weeks. Hopefully the matter has been resolved by now but if not please feel free to contact me.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Was this response was useful? Please click this to review my service, This helps me answer more questions like yours without charge!
*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.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
HI Nilesh,
I have been refused 489 in SEP 2020 (with imposed 4020). after unsuccessful attempt to AAT, I have appealed in federal court. Right now I am having BVA. I am going to finished my 3 year ban in Sep 2023. By that time I will be eligible to apply for 186(Labor agreement stream) visa. But due to S48, I will need to leave country to apply 186.
Can you suggest anything that allow me to apply 186 onshore?
will it be ok if I get BVB, go offshore, lodge 186 visa and come back?
Thanks
Sapna
Great questions.
Unfortunately under the current rules you cannot make an application in the circumstances for a subclass 186 Visa although it is possible to lodge a 190 Visa or a subclass 491 Visa or subclass 494 Visa. Of course the only other typical exceptions to the section 48 problem is the lodgement of a partner Visa sponsored by an Aussie or a protection Visa, neither of which I assume or applicable to you.
Was this response was useful? Please click this to review my service, This helps me answer more questions like yours without charge!
*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.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory