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 bridging visa application is 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) deemed to be an application for 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 bridge the 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 a mechanism for keeping you lawfully present in Australia.
Otherwise…
If a bridging visa were 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 are a, b, and e.
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 a VEVO check. It’s online and free.
Know this…
BVB limitation
Be careful with a bridging 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 a BVB is 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 to start returning to 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 a further BVB if 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, 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 never go 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 to refuse 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 independent immigration legal advice if 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 precise visa status regularly 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
I am currently holding bva,i’m going back to my country during the pandemic, it has been two years stuck offshore,can i re-enter Australia?
Hi Mr Nilesh
My son’s 485 visa expired on 15 February 2022 and in Dec 2021 he lodge the 485 visa extension since he studied and residing in SA and received BVA thereafter and has working rights.But his 485 visa extension still not received and meanwhile his application under 190 approved by SA this week . when typing online application in immi a/c pop up menu appears and shows you have other unfinalised applications lodged with the department. The applicant will be able to continue; however the unfinalised application(s) may need to be withdrawn by advising the department in writing. Review our website for further information.
I have the following queries and I will be grateful if you could answer those.
1. Is it necessary to withdraw the 485- ext visa application before lodging 190.if not when should he withdraw the 485-Ext application.
2. If he withdraws the 485-Ext application after lodging 190, what will happen to BVA which he has currently and has working rights
3. As suggested in the forum online, once he withdraws the application he can get BVC. Can he work under BVC and if yes what’s the validity of that visa.
4. Do the immigration authorities issue BVA more than once
Thank you in advance for your time.
HI Nilesh,
I once picked you up on UBER when you were just setting up your office in Melbourne. Anyway, I have a quick question.
What happens when someone is on BVE with full work rights and the BVE is about to expire but he/she has already applied for an extension of BVE on the same valid grounds. but the new BVE is not granted and the old one has expired. what is the legal status of such person, also are they assumed to have the same working rights until the new BVE is granted or they should stop working. can’t afford much right now but will definitely buy you a coffee 🙂
Cheers
Hi, I applied for a student visa extension and did not recieve my bva automatically. My visa is expiring and i have lodged an application for bva. Do u think i would still be lawfully staying while waiting for my bva
Hi ,
I have applied for 408 visa for my husband and me. My current 485 visa expires on sep 11th, 2022. I have applied for 408 visa on Aug 25th, 2022.
My husband is a secondary applicant on this visa . He got the bridging a visa immediately . But my bridging visa is not granted yet . I contacted the DIBP multiple times and they said I have to wait it out . I have applied for seperate bridging a visa for me on Aug 31st . No bridging visa is granted to me till today( sep8,2022).
I understand that I will be staying unlawfully if I don’t get my bridging visa before my current 485 visa expires .
Is there anything else I can do to sort this bridging visa issue ?? Please help . Thanks .
Hi Nilesh,
Thanks very much for your useful information. Appreciate that.
I do have a question in regard to my parents visa. I applied for a Sponsored Visitor Visa subclass 600 for my parents requesting for a longer stay each time (12 months) with multiple entries. However, upon the issue of the visitor visa, the case officer only allowed 12 months stay period with single entry and the visa only valid for 12 months as well. My parents have arrived Australia on 27/08/2022, it meant they can legally stay in Australia until 26/08/2023. During this time, I would like to apply a permanent visa Contributory Aged Parent Visa subclass 864 for them onshore as my dad is now 67 (born 1956) and my mum is 66 (born 1957). This visa generally needs to wait at least 5 years before being granted so I assume my parents will be issued a BVA upon applying but it won’t take affect until the visitor visa subclass 600 expires 26/08/2023? During the visitor visa period, if my parents want to leave Australia and come back, how are BVA & BVB going to work because BVA will not take into effect as the visitor visa is still valid and BVB can’t be applied because we haven’t hold BVA yet? Does it mean my parents have to stay more than 12 months in Australia for the BVA to kick in.
Thanks for your time and appreciate your input.
Hi my wife is on family visit visa 600 with no further stay condition and one year ago we already submitted 309/100. We got a son who is Australian citizen and 4 years old. Is there any chance she can stay here in Australia while her 309/100 process? Or any advice?
Thanks