Australian Bridging Visas: A Guide to Understanding Differences Between Different Bridging Visas & BV Conditions

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…

Bridging visa checklist Nilesh Nandan Immigration Lawyer

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 lawyer Nilesh Nandan

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

  1. I made a mistake in child birthday in my graduate visa application. My student visa will be expired in 3 days. Due to the mistake I did not receive BVA for child but me and partner received BVA. I completed the form incorrect information.
    Do I need to apply BVE or any other visa for child while waiting for her BVA .

    1. No. Absolutely not! Wait til they grant the Bridging Visa “A” Class (Subclass 010).

      Trying to get a Bridging Visa “E” Class (Subclass 050) is immigration suicide!

      Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/

      *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.

    2. Hi there,

      I’m about to send away my 461 application, but I’m scared they will not acknowledge my application in time. They should receive it 4 or 5 days before my visa expires.

      What happens if they haven’t acknowledged my application before my visa expires and if I haven’t been granted a bridging visa? Can I apply for it the day before my visa expires or what is your advice please?

  2. Hi,my parents ate holding a visitor visa sc 600 and we are planning to lodge a sc 804 aged parent visa for them.if granted a bridging visa will my Dad be able to work under bridging visa?

  3. I applied for 143 Visa for my parents in April 2020 while they had a Vistor 600 Visa. I couldnt apply apply for 864 as their Visitor Visa (600) had 8503 condition attached to it then.

    The143 application is still under process with no signs of early decission (given long wait times). They are now visiting Australia on a new Visitor Visa (600) which doesnt have 8503 condition anymore but still has 8558 condition. Their Visitor Visa is valid till October 2025 and because of the 8558 condition (12 months stay in any 18 month stay) they can stay till October 2023. My questions:

    1. Can a Bridging Visa A be had on the basis of their April 2020 143 Visa application
    2. Else can i withdraw their 143 application and apply for 864 which will given them bridging Visa A to stay till 864 application gets decided? Will the bridging Visa A kick in when their 12 months in 18 months get over under 8558 of Visitor Visa 600 (even though 600 doesnt expire) or will it be considered a breach of 8558 and cancel the visitor/bridging/864 application and any future prospects of staying/getting Visa for Australia?

    Your responses will be highly appreciated. Anyone I speak to gives a very conflicting answer and I guess no one has the true picture.

  4. My wife and I arrived on a visit visa subclass 600, and then applied for the aged parents visa 804.
    Our application is in the queue we were informed by immi and we have been given BVA.
    We were told that the BVA will become activated when our current visas end. The visit visa subclass 600 was granted to my wife in 2022 and expires in 2025. Whereas my visa subclass 600 expires on July 17- 2023.
    We arrived on the 1 June 2023 and our departure is booked for 29 August 2023. Will our BVA become activated on the 30 August? If that is true then when can we apply for a BVA to go back in order to settle our affairs before we return? WE were planning to return at the end of November 2023.

    1. Hi Nilesh Nandan,

      Thanks a lot for clarifying how visas work.
      I am permanent resident subclass 801 ( partner).
      I have been granted the residency in March 2018.
      I just realised last week that this visa was going until March 2023 so I applied for a resident return visa 155. I am actually in Australia.
      Because I am going overseas in 2 weeks I also applied for a bridging A and a bridging B and they both been granted on the day of application. BUT there status are for both “NOT ACTIVE”.
      Does that mean I can not leave the country ? or they will become active as soon as I leave?

      Regards

      David

  5. Hi there, my SC 580 expires on the 5th July, 2023 and I just submitted my SC 590 on the 1st July, 2023 but haven’t received any bridging visa A at all. So I decided to apply the BVA separately on the same day. Now, come to a very risky timing since I only have until Wednesday 5th when my current visa expires. What should I do with this situation? Is it because my current SC 580 visa has 8534 condition in it? I once called immigration and the officer told me that I can only apply for SC 590 or 485 or refugee type, which I am here to support my daughter who is a student and will finish her high school in next 5 months. Your kindly reply will be highly appreciated.

  6. Hi sir,
    I’ve read your very useful article about bridging Visas. And I just have one concern that: If I’ve lodged for a TR visa (example 491) and the bridging visa A is granted (but not active until end of Sep – when my current Visitor visa expired). Can I travel or leave and return Australia before Sep while my BV A does not active yet? Will I travel with my curent visitor visa (with multiple entries) or have to lodge the bridging visa B? Some lawyers said that once I leave Australia, my current visitor visa will be invalidated and I won’t be back to Aus, although I be back in Aug. Is it true?

  7. We applied for 188 Visa Offshore in September 2022, we are still waiting for the result, we visited Australia in october2022 on Business Visitor Visa.
    I wanted to ask you that if we travel to Australia on visitor visa and apply for bridging visa A, will we get bridging visa A or it will be rejected

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