Immigration Guides

Get Natural Justice Letter Help Here.

Have you received a Natural Justice Letter?

The people at immigration are not so bad.  Usually, you will receive the letter under section 57 of the Migration Act when a case officer has formed a view that your visa application ought to be refused.

The department it’s been kind. the purpose of the section 57 letter also known as a natural justice letter is to give you an opportunity to recover from a likely refusal position.

It could be that the decision-maker has missed something fundamental all that something critical to the application is simply not appearing on the departmental file.

It could also be that are very basic requirements of criteria that need to be satisfied either at the time of application or the time of the decision, appears to the case officer not to be satisfied. 

This letter is an opportunity for the case officer to be fair with you. Yes, they can be nice! What you need to do is to ensure that your application does have merits given the concern or multiple concerns raised by the departmental officer in their letter.

If your application does not have merit then you might be better off withdrawing your application. 

Whether you should respond to the letter or you should simply withdraw the application it’s something that requires careful consideration.

One thing that I see you all the time is people providing far more information that is required in relation to the letter. 

In providing the wrong information or too much information or information responses that are not properly worded, or which did not address the point being raised will certainly prejudice your already weak position.

To discuss how best to respond to a Natural Justice letter, please book a consultation 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!

Bridging Visa Australia

This temporary visa allows you to stay in Australia after your “current” substantive visa ceases and while your “new substantive” visa application is being 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. That application is usually always granted, 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 your new substantive visa is granted.

The bridging visa is a mechanism 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 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 are waiting on a further substantive visa to be granted to you; 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 for which your BVB is granted, 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 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 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 “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 ban from having a further visa granted for Australia.

BVE ban duration

The duration of this ban will depend on the sort of visa you are applying for and your circumstances for 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 to note that this visa will usually only come “into effect” when your existing visa expires and will remain in place while your new visa application is being considered. 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 the bridging visa granted to you 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 your application might not have been a valid one.

Consider making a separate application for a bridging visa if your recent assistance visa application was valid but has not yet yielded a bridging visa grant – 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 some advice about any planned exit from Australia.

Your experience?

Please share your comments with me.

I’d love to know more about your experience with applying for this visa subclass!