Bridging Visa C & D — Work Rights Lost, Travel Locked: Why This Happens and How to Recover Status

By Nilesh Nandan — Australian Immigration Lawyer, MyVisa® Immigration Lawyers

Updated for 2026 — reflecting current DHA policy, bridging visa conditions, and re-entry risks.

Table of Contents

1. BVC Deep Dive: The Legal Cost of Unlawfulness at Application
2. BVD Deep Dive: The Emergency 5-Day Visa
3. BVC vs. BVA: The High Legal Cost of Prior Status
4. The Critical Hurdle: Recovering Work Rights on a BVC
5. The ‘Compelling Need to Work’ Test: Proving Financial Hardship
6. The Absolute Travel Ban and the PIC 4014 Re-Entry Bar
7. The BVC, Partner Visas, and the Schedule 3 Dilemma
8. Legal Recovery Plan: From BVC/BVD to a Substantive Visa
9. Internal Linkage: BVC/BVD and Your PR Options
10. Frequently Asked Questions (FAQ)

BVC Deep Dive: The Legal Cost of Unlawfulness at Application

The **Bridging Visa C (Subclass 030)** is granted to an applicant who has lodged a valid application for a **substantive visa** but **did not hold a substantive visa** at the time of lodgement. In plain English, the applicant was either **unlawful** (overstayed their last visa) or on a less restrictive Bridging Visa (like a BVA) that had already ceased due to a technicality.

The Two Pillars of BVC Restriction

The BVC’s restrictive nature is the legal penalty for the lapse in your migration compliance. It locks you down with two severe, statutory conditions:

1. **Work Restriction (Condition 8101):** The BVC is initially granted with a **’No Work’ condition** unless the substantive visa applied for is a specific skilled class (e.g., Subclasses 132, 188, etc., in the past) or a Protection Visa. For most Partner Visa or general skilled visa applicants, you are left without work rights and must prove hardship to obtain them.
2. **Travel Prohibition (No Re-Entry):** The BVC does **not** have a travel facility. If you depart Australia while holding a BVC, the visa automatically ceases upon exit, and you have no visa to return on.

This status confirms that while the DHA grants you lawful stay to finalise your new visa application, it does so under severely restricted conditions to manage the risk posed by your prior non-compliance.

BVD Deep Dive: The Emergency 5-Day Visa

The **Bridging Visa D (Subclass 040/041)** is an emergency, last-resort visa that serves a very different purpose. It is not granted after you lodge a new visa; it is granted to provide a tiny window of lawful status *before* you lodge, or before you depart.

The High-Stakes 5-Day Limit (Subclass 040/041)

The BVD is typically granted for a maximum period of **5 working days**. This is the core of its utility and its danger. It is used in two key scenarios:

• **Invalid Application:** You attempted to lodge a new visa application (e.g., a Partner Visa) just as your substantive visa expired, but the application was **invalid** (e.g., wrong form, missing signature, incorrect fee). The BVD legalises your stay for five days, giving you time to correct the error and lodge a **valid** application, which would then trigger a BVC.
• **Imminent Unlawfulness:** You are about to become unlawful, or have just become unlawful, and need a few days to finalise travel plans or contact an immigration lawyer.

BVD Expiry Action: The 5-Day Crisis Management

Given the **5-day maximum validity** of the BVD, the applicant is in a state of crisis. Immediate actions are non-negotiable:

1. **Lodge a Valid Substantive Visa Application:** This is the primary purpose. The new substantive application (e.g., 820 Partner Visa) must be lodged immediately to obtain a BVC.
2. **Legal Consultation:** If the substantive application is complex, use the 5 days to secure a lawyer and initiate the **AAT Review Process** if applicable.
3. **Depart Australia:** If no other visa is an option, use the 5 days to book and finalise travel arrangements. Leaving after a BVD can still trigger PIC 4014 if granted after the 28-day grace period.

The BVD **never** grants work rights under any circumstances, and like the BVC, it prevents travel and a BVB application.

BVC vs. BVA: The High Legal Cost of Prior Status

The fundamental difference between the **BVA** and **BVC** illustrates the immense legal cost of letting your substantive visa expire.

The **BVC vs. BVA** comparison is stark: the failure to lodge your new visa one day before your old one expired results in the loss of automatic work rights and the total inability to leave the country until your application is decided. This highlights why compliance deadlines are non-negotiable.

The Critical Hurdle: Recovering Work Rights on a BVC

If you are a BVC holder, you are legally obligated to cease all work. Working without permission (**Condition 8101**) is a direct breach of the Migration Act and a serious ground for visa cancellation. To restore your ability to work, you must apply for a new BVC with varied conditions, satisfying the DHA of your **compelling need to work**.

The ‘Compelling Need to Work’ Test

The DHA assesses this need based on **financial hardship**. You must prove, through robust documentary evidence, that your essential living expenses exceed your current means of financial support (including savings, overseas support, and family assistance). The test is deliberately rigorous.

The Protection Visa Exception

For applicants who have lodged a **Protection Visa (Subclass 866)**, the work rights application is treated differently. While work rights are not automatic, the legal grounds for their grant are often more favourable, recognising the vulnerability and inability of a protection applicant to return to their home country for support.

The ‘Compelling Need to Work’ Test: Proving Financial Hardship

The success of your BVC work rights application hinges entirely on the quality and comprehensiveness of your financial evidence. The DHA will scrutinise every aspect of your financial life to ensure the claim of hardship is genuine and not fabricated to gain an advantage.

Checklist: Evidence Required to Prove Compelling Need to Work

Your legal submission must present a clear financial deficit. We recommend compiling a formal statement and the following evidence:

1. **Bank Statements:** Three to six months of statements for all Australian and overseas accounts, clearly highlighting low or depleted savings.
2. **Proof of Essential Expenses:** Recent invoices or receipts for rent/mortgage, utilities (gas, electricity, water), phone bills, and transportation costs.
3. **Evidence of Debts and Liabilities:** Credit card statements, loan agreements, or medical bills demonstrating ongoing financial obligations.
4. **Statutory Declaration:** A signed statement detailing your current financial situation, income sources that have ceased, and how your inability to work affects your ability to purchase essential items (food, medicine).
5. **Support Letters:** Signed letters from family/friends detailing the financial assistance they are providing and why that support is no longer sustainable.
6. **Evidence of Dependants:** Proof of financial support for any dependants (spouse, children) in Australia or overseas.

This is a time for absolute transparency. Any attempt to conceal assets or exaggerate expenses will result in the refusal of the work rights application and create adverse credibility findings that can damage your substantive visa application.

The Absolute Travel Ban and the PIC 4014 Re-Entry Bar

The most restrictive consequence of the **Bridging Visa C & D** status is the complete prohibition on travel and the massive legal penalty for attempting to depart.

No BVB and Visa Cessation Upon Exit

The **absolute inability to apply for a Bridging Visa B (BVB)** is a legislative wall. BVC and BVD holders are permanently barred from the BVB application. Furthermore, the BVC and BVD cease immediately upon the holder’s departure from Australia. If you leave, your underlying substantive visa application is effectively cancelled, and you have no right to re-entry.

The PIC 4014 Re-Entry Ban

If you leave Australia as the holder of a **Bridging Visa C, D, or E**, granted more than **28 days** after your last substantive visa expired, you automatically trigger **Public Interest Criterion (PIC) 4014**. This legislative mechanism imposes a mandatory **three-year exclusion period** from Australia.

The BVC, Partner Visas, and the Schedule 3 Dilemma

For applicants whose BVC is tied to an onshore Partner Visa application (Subclass 820), the BVC status is a direct result of falling foul of **Schedule 3 of the Migration Regulations** (applying for the 820 after the last substantive visa expired).

The legal relationship is this:

• **BVC:** Is the consequence of Schedule 3 failure.
• **Schedule 3:** Is the cause of Partner Visa refusal.

To secure the Partner Visa, you must seek a waiver of **Schedule 3**. This requires demonstrating **compelling reasons of a compassionate nature**. This waiver process is separate from, and far more complex than, the work rights application. Successfully obtaining work rights on your BVC is purely about financial necessity; successfully waiving Schedule 3 is about demonstrating that the refusal of the Partner Visa would cause significant hardship to an Australian citizen or resident.

If you face this double block, you need a precise legal submission addressing the **Partner Visa Schedule 3 Waiver** immediately, as this determines the fate of your entire residency application.

Legal Recovery Plan: From BVC/BVD to a Substantive Visa

Your priority must shift from simply maintaining lawful status to aggressively moving towards a substantive visa, using the BVC as a temporary shield. Your legal options include:

1. **The Partner Pathway:** If you have an eligible partner, pursue the Schedule 3 waiver and continue the 820 application.
2. **The Skilled Pathway:** Pivot to an exempt skilled visa: **Subclass 190** or **491**. This requires meeting the high points test and the State Nomination criteria, which may still be restrictive for S48-barred applicants. For this route, a clear plan for meeting the criteria of the **Skilled Visa Options** is crucial.
3. **The Protection Pathway:** As a final option, the **Subclass 866 Protection Visa** is always exempt from the BVC restrictions, provided you meet the high burden of proof for persecution or harm.

In all cases, the legal advice is urgent: **Lodge the new exempt visa application immediately**, and then simultaneously apply for BVC work rights.

Internal Linkage: BVC/BVD and Your PR Options

The restricted status of the BVC and BVD means you have a history of non-compliance, which the DHA will remember. This makes your future PR strategy reliant on transparency and legal excellence.

You must address the lapse in your visa history directly in any future PR application. If the underlying substantive visa application (e.g., 820 or 190) is refused, you risk falling onto a **Bridging Visa E (BVE)**, which carries even greater restrictions and is the final step before immigration detention.

Frequently Asked Questions (FAQ)

Can I apply for a Bridging Visa B (BVB) while holding a BVC or BVD?

No. The ability to apply for a **Bridging Visa B (BVB)** is permanently restricted to holders of a Bridging Visa A (BVA) or another substantive visa. The BVC and BVD are permanently barred from applying for a BVB.

Is the BVC automatically granted with work rights?

No. The BVC is initially granted with a **’No Work’** condition (8101), except in a few specific skilled migration or protection scenarios. You must apply for a new BVC with varied conditions and prove **financial hardship** to gain work rights.

What does ‘compelling need to work’ mean for a BVC holder?

It means you must prove you are experiencing, or would immediately experience, **severe financial hardship** without the ability to work. This requires robust evidence that your essential living expenses exceed your current income and available savings.

How long is a Bridging Visa D (BVD) valid for?

A BVD is a short-term, defensive visa granted for a **maximum of 5 working days**. Its sole purpose is to legalise your status immediately so you have a short window to lodge a valid visa application or make urgent arrangements to depart Australia.

Can holding a BVC or BVD lead to a re-entry ban?

Yes. Leaving Australia as the holder of a BVC or BVD, granted more than 28 days after your last substantive visa expired, will trigger **PIC 4014**. This imposes a mandatory **three-year exclusion period** from Australia.

Your Next Legal Step: BVC Work Rights Application Assistance

Your BVC/BVD status is a legal emergency that requires precision. If you are without work rights, your financial and emotional stability is at high risk. You need to secure your work rights immediately to avoid falling into deeper financial distress or compromising your substantive visa application with poor credibility.

Secure Your Work Rights and Stability Today

MyVisa specialises in navigating the complex ‘compelling need to work’ test. We will compile the rigorous evidence matrix required by the DHA, prepare your submission, and apply for a new BVC with work rights, helping you stabilise your life while we fight for your permanent visa.

Book a consultation

Legal Disclaimer

This blog is intended for discussion purposes only and does not constitute advice. You should seek independent legal advice before relying on any information provided on this site. Immigration policies, systems, and processes can change without notice. I’d like to know your own experience with the immigration challenges noted above — feel free to contact me.

MyVisa: Nilesh Nandan, Attorney at Law
BBus(Accy) LLB(QUT) GDLP MBA(IntBus)
Head of Practice