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 sir, i’m on student visa ,i completd my 2 semester as a master’s student but last 2 semester i didn’t apply for enrollment due to some reasons . Now my visa is going to expire in August. Is their any other way for further stay but not on student visa. Help me out sir
Rohit
You will need to make another visa application immediately and certainly before we book current student visa expires.
If you make a valid application then you’ll be granted a bridging visa in association with that application in most instances.
If you’re not eligible for skilled migration or sponsorship by an Australian partner or an Australian employer, then your only other realistic choice is a visitor visa.
If any visitor visa application you lodge is refused then you might Lodge an application for review to the administrative appeals tribunal.
You would normally obtain a bridging visa in association with that application for review.
Hope that helps clarify things. you should get specific advice about your circumstances if you have any concerns about what to do next.
hi there’
i was on 485 visa and my visa was expiring on april 5th 2020′ due to covid-19 i couldn’t travel so i applied for student visa straight away and got the bridging visa but now there is a new subclass for 408 and i fall under the eligible criteria as I am a registered nurse in aged care. i have already lodge another application for 408 covid visa so cann i withdraw my student visa application while being on bridging visaA?
Firstly I would confirm whether or not you do in fact me all of the criteria for the subclass 408 visa. The so-called covid-19 visa has been rushed through and in my opinion is extremely clumsy and terms of how it has been drafted in law.
Because it is possible for most people to meet the criteria for the grant of another temporary visa, including for example application for a student visa or a partner visa, then there is one line of legal reasoning that suggest that very very few people will actually in fact qualify for the covid-19 visa.
The second point that I would make is that you should never withdraw a visa application without first having a plan b. This means that you should ensure that you keep your student visa application pending and only withdraw the application after you have a better option in terms of your plan a mentioned above.
Please let me know how you go with the subclass 408 covid-19 visa.
I think there will be a lot of legal argument in relation to meeting the requirements for that visa and this will result in a lot of applications floor appeal to the AAT if the 408 visa is refused.
Thank you for your comments and do let me know how you progress.
Hi my tr visa expired on 5 april 2020 i applied student visa on 3 april 2020 my bringing visa A automate issued on 8 april 2020 its mean i lived 3 days unlawfully in Australia
This is a great question and I know it affects quite a few visa applicants at the present time. I would be grateful if you could ask this question about bridging visas in the correct post which I have written about bridging visas .
Hello
it’s me Birendra Shrestha.Regarding my TR 485 visa,Last year March we apply TR 485 but at that time my wife was pregency so our visa until today briding visa,our baby already born and immigration required document all we submitted (our medical,my son’s birth certificate)but still my son below 6month so bupa not accepted for him medical and we don’t have passport my son’s.more than one yaer we are in bridging visa so when we can get TR 485 visa,how long it will be stay,in my case visa will risk or not,we are so worried regarding briding visa.can you give me correct way.thank you
Hi,
I am currently at a bridging visa (subclass 500) and I applied for TR (485 visa). But I didn’t get a bridging visa for my TR. Do I need to first cancel the student bridging visa as to get TR bridging visa.
Thank you
Hi
I applied for Visa 866. My current visa is expiring on the 08.05.2019. I have not received a bridging visa yet will I be saying legally after the 8th and what should I do if I do not receive the bridging visa on time?
Also I am working does that mean I should stop working on the 8th?
Hiya, we have applied for 866 visas on 13 march 2019. Our new BVE visas came on the 14th and we applied for work rights on the 15th March and are still waiting to hear back from the department, its over 6 weeks now we have not been able to work. Please tell me if we have a specific waiting period (45 days, etc) to get these work rights reinstated (we had them on our last BVE visas) as we are in a serious financial predicament and obviously need to carry on working as we have four young children to support, two of which were very premmature twins who were born in Australia. We have been here since 2013. Lost our original 457 visas due to a discrepancy with a previous employer. Ended up filing an Appeal with the Tribunal. That took over 15 months to get a court hearing date by which time our 457s had expired, hence why we had a BVE given to us as we were wanting to apply for a protection visa. While our new BVEs show that we are legal, they came with no work rights but my two eldest children are allowed to stay in school. Please advise if this is normal procedure or if we should be doing something further like applying for something else via another form to reinstate our work rights? We really have no idea how to get them back now and of course Google cannot answer the questions I am asking it. Thank you so much for your time, it is greatly appreciated!
hello i have a friend who came here on a student visa, however fell in love and decided to apply for a defacto visa. he was given a bridging visa while his defacto visa was being processed.
however him and his partner broke up before the visa decision is made by immigration, but he didn’t tell immigration that him and his partner broke up. Immigration recently send him an email to provide more proof of his relationship within 28 days. however he cant because they are no longer together but he is in a new relationship with another person can he apply for a new defacto or partner visa and cancel the already one in placed?