Introduction
Bridging Visas are temporary visas that are granted for a number of reasons. They are not substantive visas – rather, they are visas that allow you to remain in Australia while you resolve matters relating to a substantive visa.
Types of Bridging Visas
There are many different bridging visas that can come into effect depending on the applicant’s circumstances. They are:
- Subclass 010 (Bridging A) visa, (BVA); this visa is generally granted so that applicants can remain in Australia while their application for a substantive visa (or judicial review proceedings) is processing. To be eligible:
- You must hold or have held a substantive visa
- You must be in Australia
- You must be waiting for a decision on a lodged visa application or for judicial review
- Subclass 020 (Bridging B) visa, (BVB); this visa is granted for applicants who wish to leave and re-enter Australia while a decision on their substantive visa application (or judicial review proceedings) is pending.
- You must be holding a BVA or BVB
- You must be in Australia
- You must be waiting for a decision on a lodged visa application or for judicial review
- Have substantial reasons for wanting to travel
- Subclass 030 (Bridging C) visa, (BVC); this visa is granted so that applicants can remain in Australia while their application for a substantive visa (or judicial review proceedings) is processing.
- You must be in Australia
- You must be waiting for a decision on a visa application, or for judicial review
- You must not have previously held, or currently hold, a BVE since your last substantive visa
- You must not have held a substantive visa at time of lodgement
- Subclass 050 (Bridging Visa E (General), (Subclass 050) (BVE); which enables you to stay lawfully in Australia while you make arrangements to depart Australia, finalise your immigration matter, or wait for an immigration decision.
- Be an unlawful non-citizen or hold a subclass 050 or 041 visa
- Previously had your visa application refused or cancelled
- Subclass 051 (Bridging Visa E (Protection Visa Applicant)), (Subclass 051), BVE); for protection visa Applicants to stay in Australia while waiting for an immigration decision.
- Applied for a protection visa
- Have been refused or bypassed immigration clearance
- Be in immigration detention
Others less common bridging visas are the:
- Subclass 040 (Bridging (Prospective Applicant), (Subclass 040);
- Subclass 041 (Bridging (Non-applicant), (Subclass 041);
- Subclass 060 (Bridging F), (BVF);
- Subclass 070 (Bridging (Removal Pending)), (BVR).
Am I eligible for a Subclass 010 (Bridging A) visa (BVA)?
You must be waiting for a decision on a visa application, or for judicial review
The BVA can be granted if you are in any of the following circumstance:
- If you have applied for a visa that can be granted while you are in Australia, the BVA may be granted until the decision is made on that application. For example, you may have applied for a Partner visa while visiting Australia. Since the onshore partner visa can only be granted while the applicant is onshore, a BVA will be granted so that you can stay in Australia while the visa is processing. If you were holding a substantive visa when you applied or were granted the BVA, the BVA only becomes active on the day the substantive visa ceases. If the application for the substantive visa is refused, and a review process does not follow afterwards, the BVA will expire in 35 days.
- If you have applied for a visa that can be granted while you are in Australia while holding a BVA, but the application was refused, and you have made an application for judicial review. Once the judicial review proceedings, and any appeal proceedings, are concluded, or you decide to withdraw your application for review or appeal, then the BVA will expire in 28 days.
Are there mandatory conditions on the BVA?
If the visa is granted, the following conditions will be attached to your visa.
8101.
This condition only applies if you applied for a protection visa, and if you have already had this condition applied to your last visa.
8501
If you have made an application for a Skilled visa, this condition will apply.
If you are the holder of a 457 visa applying for a 482 visa, this condition will apply.
If you made an application for a Parent visa (either a 103 or 143 visa), this condition may apply depending on the details of your application.
8107, 8501, 8607
This condition only applies if you are a holder of a 457 visa applying for a 482 visa.
8104,8303
If you made an application for a Parent visa (either a 103 or 143 visa), this condition may apply depending on the details of your application.
8101, 8102, 8103, 8104, 8105, 8107, 8108, 8111, 8112, 8114, 8115, 8539, 8547, 8549, 8607 and 8608
If the last visa you held had any of these conditions attached, this condition will apply.
Travel rights on the Bridging Visa
While your substantial visa application (for example, an onshore Partner visa) is processing, you may want to travel overseas. You can travel on a Bridging Visa B (BVB). To apply for a BVB you must have substantial reasons to leave and re-enter Australia during the processing of your current substantial visa application.
Your reasons to leave Australia should be substantial. Although there is no legal definition of the word, the BVB will be decided based on whether the reasons as real, important, and urgent.
Some examples of substantial reasons are:
- To visit parents and family who are ill
- Attending a conference
- To attend a wedding or funeral of a close family member, relative or friend
- Undergoing medical treatment for an existing condition
You should attach documentation evidencing your circumstances, such as a death certificate, letter of invitation, or flight itinerary.
Your BVB application should be made up to 3 months before the date of intended travel. You should not leave Australia before the grant of the BVB.
You must ensure that your BVB does not cease while you are outside of Australia. You cannot made a valid application for a new BVB while you are outside Australia, in order to return to Australia. You will have to apply for a new substantive visa while overseas in order to return. As such, be aware of the expiry date of the BVB and the process of your substantive visa application.
Work Rights on the Bridging Visa
Some Bridging Visas have conditions that prevent a person from engaging in work. These conditions are 8101, 8102, 8103, 8104, 8105, 8107, 8108, 8111, 8112, 8115, 8547, 8607 or 8608.
However, you can make a request for work rights while on a Bridging Visa if you can provide reasons demonstrating a compelling need to work.
For work rights on a BVA, the substantive visa application in relation to the BVA must not be a protection visa. You need to be in Australia when making the application.
Further, you need to show that you have a compelling need to work, by showing that you are currently in financial hardship because the cost of your living expenses exceeds your ability to pay for them. For example, you may not have enough savings to pay for bills, groceries, and rental expenses. Further, you may not have any family members that can support you while you are in Australia.
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