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,
I currently hold a 408 Temporary Visa (Pandemic event- Australian endorsed visa) which will expire on 19th May 2022 Then, I applied for another 408 visa last 18th March 2022 and received my BVA 5 days later. I lodged an application for BVB on 31st March to permit me to travel overseas before my visa expires, I planned to travel on 23rd April 2022 using my current visa bcos in my knowledge it is still active and has travel rights of multiple entry to Australia. Note: I will travel offshore without BVB yet.
My question is, will I be granted BVB whilst offshore with my current visa that is valid until 19th May and if I’ve been granted, can I continue my stay offshore until which date specifies in my grant BVB even after 19th May or do I have to be onshore for my BVB be a valid visa?
Many thanks.
The facts are a little complicated here and confusing for me. If you haven’t already resolve this issue then please reach out to me. I would like to discuss this thank you situation in more detail before providing any advice as the consequences can be horrendous.
*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
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
Can I apply for work rights on b v b
Hi there,
I applied for my 3rd 462 Work & Holiday visa last September, while in a BVA I had to travel overseas so I applied to a BVB that was granted with an arrived by date by 20th of January. Due to border restrictions & several exemptions denied, I couldn’t come back to the country before that date. After speaking with immigration they told me that I have to be back on Australia to get my 462 visa application completed. After being granted for a 651 evisitor, I’m wondering if I can apply back to a BVA to work in Australia meanwhile I wait for my 462 to be finalised. Thank you, V
Hello. I am currently waiting for my application for a Temporary Activity visa (subclass 408) Australian Government endorsed events (COVID-19 Pandemic event). My BVA is not yet active at the moment and I am looking to travel overseas to attend a wedding so I plan to apply for a BVB.
I was wondering if when I apply for a BVB, is there a chance that a “8101 – No work” condition will be added to it? In my BVA it says “No conditions” and my current visa at the moment is Temporary Graduate Visa Subclass 485 and am currently working for an employer.
Hello. I am currently waiting for my application for a Temporary Activity visa (subclass 408) Australian Government endorsed events (COVID-19 Pandemic event). My BVA is not yet active at the moment and I am looking to travel overseas to attend a wedding so I plan to apply for a BVB.
I was wondering if when I apply for a BVB, is there a chance that a “8101 – No work” condition will be added to it? In my BVA it says “No conditions” and my current visa at the moment is Temporary Graduate Visa Subclass 485 and am currently working for an employer.
Hi!
I’m applied for a protection visa, do you know how long it takes to get the bridging visa, it’s been 14 working days and nothing, and my previous visa has already expired.
Could it be an issue with that? What should I do?
Thank you so much for your attention and help.
Ho Mr Nilesh,
I applied for visa 485 while in Australia and it is currently being processed. I was also granted BVB for almost 53 days. What will happen if I don’t return to Australia before the arrival day ( arrive by the date that was stated in the BVB letter)?
Thank You