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…

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!