Bridging visa
About Bridging Visas
Bridging visas (Bridging Visa E, Bridging Visa A, and Bridging Visa B) are temporary visas that allow individuals to stay lawfully in Australia while their substantive visa application is processed or while their immigration status is resolved. They essentially serve as a “bridge” between the expiry of one visa and the grant of another.
Types of Bridging Visas
BVA
Eligibility: For individuals who apply for a substantive visa while holding a valid visa.
Conditions: Mirrors conditions of the previous visa. For example, if you held a visitor visa and apply for a student visa, you get a BVA.
Travel: Limited. You must be in Australia when a decision is made. Leaving Australia renders the BVA invalid.
Work Rights: May be granted based on financial hardship.
BVB
- Eligibility: For BVA holders who need to travel overseas temporarily.
- Conditions: Allows departure and return to Australia within a specified travel period. Generally mirrors BVA conditions.
- Work Rights: Typically aligns with the BVA conditions.
BVC
- Eligibility: For those applying for a substantive visa without holding a valid visa, or who were unlawful but not detained before applying.
- Conditions: Usually does not include work rights but can apply for them if experiencing financial hardship.
- Travel: You cannot return to Australia if you leave.
BVE
- Eligibility: For unlawful non-citizens, those with canceled visas, or those awaiting an immigration decision.
- Conditions: Limited options compared to BVC. Typically no work rights unless granted due to financial need.
- Subclass 051: Specifically for protection visa applicants.
BVD
- Eligibility: For those who could not apply for a substantive visa due to technical or procedural issues.
- Conditions: Allows stay while resolving the issue or applying for a BVC.
BVF
- Eligibility: For suspected victims of trafficking or slavery without a substantive visa. Rarely issued.
- Conditions: Tailored to the protection needs of the suspected victims.
BVR
- Eligibility: For individuals in immigration detention whose removal is not currently practical.
- Conditions: Varies based on individual circumstances.
Details for Bridging Visa A (BVA)
A BVA will allow you to stay in Australia while after applying for a substantive visa. It is granted automatically when you apply for a substantive visa.
When to Apply Separately:
- If Not Included: Your substantive visa application didn’t include a BVA application.
- Expired Visa: Your previous BVA or Bridging Visa B (BVB) has expired and you qualify for a new BVA.
- New Conditions: You want a BVA with different conditions, such as no work restrictions.
- Review Seeking: You are seeking Tribunal or judicial review of a decision.
Key Points:
- Travel Restrictions: A BVA cannot be used to travel outside Australia or return to Australia.
- Current Visa Conditions: Check your BVA conditions on your grant letter.
Ceasing of BVA: A BVA will end immediately if:
- You leave Australia.
- You are granted the substantive visa.
- You are granted another Bridging Visa (like a BVB) for the same substantive visa application.
- Either the BVA or the substantive visa it was granted for is canceled.
Family Applications:
- Joint Applications: Check the BVA status of each family member via VEVO if you applied jointly.
- Individual Applications: You can include Family members in your BVA application if they are part of your substantive visa application.
Important Note: Leaving Australia while your BVA is active will render it invalid. To re-enter, you must obtain a Bridging Visa B (BVB) before departure.
For managing or verifying your visa status, use VEVO.
Substantive Visa Refusals or Cancellations & Bridging Visas
Visa Refusal:
- 28 Days to Depart: You generally have 28 days from the date of visa refusal to make arrangements to depart Australia, unless you lodge a review application with the Administrative Appeals Tribunal (AAT).
Cancellation of a Visa:
- Your associated bridging visa will be automatically terminated if your substantive visa is cancelled and you will become unlawful immediately.
Administrative Appeals Tribunal (AAT) Decisions:
For Bridging Visa A (BVA) Granted on or After 19 November 2016:
- 35 Days After AAT Decision: Your BVA will cease 35 calendar days after the AAT’s decision to affirm the refusal of your substantive visa.
For Bridging Visa A (BVA) Granted Before 19 November 2016:
- 28 Days After AAT Decision: Your BVA will cease 28 calendar days after the AAT’s decision to affirm the refusal of your substantive visa.
Summary:
- Visa Refusal: If your substantive visa application is refused, you have 28 days to depart unless you appeal to the AAT.
- Visa Cancellation: Cancellation of a substantive visa results in the immediate termination of any associated bridging visa, rendering you unlawful.
Key Details for Bridging Visa B (BVB)
- Eligibility Criteria:
You must already hold a BVA or a BVB.
Visa Conditions:
- Stay: The exact period you can stay on a BVB will be specified in the conditions of the visa, and you should always check your visa status and conditions via VEVO.
- Travel: Permits leaving and returning to Australia within the specified period.
- Work: Work rights depend on the conditions of the BVB.
Validity and Duration:
- Granted on or after 19 November 2016: Ends 35 days after refusal or AAT decision; 28 days after judicial review body decision or withdrawal.
- Granted before 19 November 2016: Ends 28 days after refusal or AAT decision; 28 days after withdrawal.
Cost: AUD $185.00.
Additional Information:
- Apply for a new BVB if the travel period ends and you wish to travel again.
- Work conditions depend on the BVB and substantive visa conditions.
Key Details for Bridging Visa E (BVE)
Subclass 050 (General):
- Eligibility: For unlawful non-citizens, holders of a BVE (subclass 050), or holders of a Bridging D visa (BVD) (subclass 041).
- Cost: Free.
- Stay: Valid while arranging departure, finalizing immigration matters, or waiting for an immigration decision.
- Work: BVE with work rights can be granted in cases of financial hardship.
Subclass 051 (Protection Visa Applicant):
- Eligibility: For those who have applied for a protection visa.
- Cost: Free.
- Stay: Valid while the protection visa application is processed.
- Work: Work rights may be granted under specific circumstances.
General BVE Details:
- Cost: Free.
- Processing Times: Variable; consult the visa processing time guide.
- Travel: Ends if you leave Australia; re-entry requires another substantive visa.
Working in Australia on a BVA
Here’s a summary of what you need to know:
Check Your Current Visa Conditions: Your BVA grant letter will specify you’re work entitlement. You can also verify your work rights through VEVO (Visa Entitlement Verification Online).
Applying for a New BVA with Work Rights: If your current BVA doesn’t permit work or restricts it, you can apply for a new BVA that allows work. To qualify for this, you generally need to show that you’re experiencing financial hardship.
Eligibility for a New Work-Permitting BVA:If you don’t meet the financial hardship criteria, and if you remain eligible for a BVA, you will be granted a new BVA with the same work conditions as your previous one (i.e., no change in work permissions).
Remaining lawful during AAT/Judicial review
Apply for a Bridging Visa:
- Eligibility for Bridging Visa: To be eligible for a bridging visa during AAT or judicial review, you must be in Australia and have initiated AAT or judicial review proceedings.
- Webform Application: If you have already initiated AAT or judicial review proceedings, you can apply for a bridging visa through the Australian Government’s immigration webform.
Specifics for Bridging Visas:
- Bridging Visa B (BVB): Apply for a Bridging Visa B (BVB) if you need to travel temporarily while awaiting judicial review.
- If your previous visa has been cancelled, a BVE can allow you to stay lawfully in Australia while the judicial review is underway.
How to Apply via Webform:
- Access the Webform: The webform for applying for a bridging visa is available on the Australian Department of Home Affairs website.
- Complete the Form: Provide required details, including information about your judicial review application, personal details, and the current status of your visa.
- Submit the Application: Follow the instructions on the webform to submit your application.