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 recently got my application for a protection visa refused, I’m currently on a bridging visa having appealed the decision. I also currently started a job as a Resident Medical Officer in a regional city, do I have other visa options and I if I do, can I still apply onshore even after the initial refusal?
Hi Nilash,
My mother received tourist visa extention refusal while she is in Australia and has given 35 days to appeal or leave the country. Under current circumstances i dont want her to go back to my country and wanted to apply for bve. Her 35 days notice finishes on 02 April. I have impression that i can only apply for bve after 02 april. Is that right ? Also considering this pandemic situation will bve affects her future visa application?
Thank you
I don’t think that I would ever let my mother get onto a bridging visa E class if I could avoid it.
If funds permit then I would strongly suggest that you lodge an application to the Tribunal for an appeal against the refusal decision in respect of the visitor visa refusal for your mum. This will then allow you to extend the existing bridging visa.
You should note that there is a limited time period of 21 days from after the date of the visa refusal decision in which to make application for the Tribunal, so please check dates carefully now and make an application immediately if it is at all possible within the 21 day window sand if funds permit.
By way of answer to your question specifically, I can’t see any technical reason why you cannot make an application now for a bridging visa E based on departure grounds if that is the approach you wish to take.
If you do not intend to appeal the visa refusal decision to the AAT then I see no reason why you cannot lodge the bridging visa application now as there is no application fee and you have nothing to lose by doing it sooner rather than waiting until she becomes unlawful, after the expiration of the 35 day period.
I trust that I have made myself clear.
Regards
Nilesh Nandan
hi
just like to ask if im a BVA holder am i eligible to bring my family in
No. Highly unlikely. They will need to make their own independent applications and aside from travel restrictions now existing, they will find it hard to meet the genuine temporary entrant requirements.
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa®
Hi Nilesh,
I’m concerned that my 485 Graduate Work stream visa will be refused, because of the close relationship between my skill and the courses taken in Australia. Is it possible to apply for another visa while I’m on my bridging visa? I still have a few days before my current visa will be expired, but I’m not sure if I’ll be able to get the sponsor by then.
Kindly,
Giovanny
I would need to know a lot more about your circumstances but I’m afraid that unless you have an Australian partner your options are very limited given that you are the holder of a bridging visa.
I would suspect, without knowing more about your case then it might be strategically a better option (if you intend to stay in Australia) to seek advice in relation to an appeal to the tribunal (and associated Bridging visa) after your best efforts are made in terms of securing a grant of the 485 that is currently awaiting approval.
Best regards
Nilesh Nandan
myvisa.com.au
myvisa.com.au/about
Hi Nilesh,
My daughter’s visitor visa 600 is due to expire tomorrow and I am in the process of applying for her Australian Citizenship as her father is an Australian citizen.
In order to remain lawful, would the best option to be to apply for a BVE after tomorrow whilst I apply for the citizenship? Or to apply for another visitor visa 600 asap tonight?! she is 1 yr old.
I have a partner visa application underway.
Many thanks,
Lucy
You be crazy not to apply tonight!!!
I’ll try to email you too.
There may be a need for her to travel (with you) and re-enter (think emergency) and being the holder of a bridging visa E class will cause problems.
Also being unlawful may cause issues in relation to entry into other countries down the track.
Best regards
Nilesh Nandan
myvisa.com.au
myvisa.com.au/about
Hi Nilesh,
My Mom was here on the visitor visa 600 which was expiring on 7th March 2021 with 8503. We applied for waiver to apply for the Visitor Visa. On applying for the 600 Visitor Visa she has been granted the BVA (without conditions though unsure if the conditions are parented by the substantive one). Is there a way for us to apply for Aged parent visa onshore at this juncture. With my Dad passing away last year, it is impossible for my Mom to live in India all by herself at her age and with the current psyche. We will take her there from time to time for three to six weeks on a trot. What do you think is the possible recourse to remedy the situation?
Appreciate your response please!
Regards
This is a great question.
You have done well to get the waiver of the condition 8503 no further stay limitation on your mum’s visa. Well done!
If you meet the general requirements of any onshore visa application including the aged parent visa and in particular the balance of family test, then I would most certainly seek to make an onshore application at the earliest opportunity.
Please book in a consultation with me if you would like me to provide you with a quotation in relation to preparing mum’s application and lodging it.
Hi Nilesh
I am unable to book the chat from the embedded link. How do I? I am just wondering if we apply for the Aged Parent visa simultaneously (with the application already sent for the 600 visitor visa) are we not likely to be rejected straight away because we had sought waiver for 600 visa only thereby not only wasting money but also getting a blemish on the visa record.
Regards,
If I am granted a visitor visa with 3 months stay multiple entry valid for 1 year, and would like to apply on shore for a de-facto partner visa, how soon will the bridging visa kick in? Thank you
Your bridging visa would check in at midnight on the last day of your 3 months in Australia after entry into Australia. I hope this that is your question.