The bridging visa Australia is a document that permits you to legally remain in Australia while you apply for a different visa class.
Sometimes, these bridging visas can be used to reside legally, while you have a pending case at the Administrative Appeal Tribunal.
Bridging visa remains valid except for you to travel out of Australia within that period. The only time you can exit within the period is if you have a B-class bridging Visa.
Types and Provisions of the bridging Visa Australia
Bridging visa A (BVA) – subclass 010
This is the most common bridging visa subclass 010, most of the time sitting ‘silently’ at the back of your substantive visa application. Together with BVB also stands out as the most favourable type of bridging visa.
How to apply and when granted: It is granted automatically when you make a valid application onshore for a substantive visa while still holding a valid previous substantive visa. In certain cases, you can also apply separately for BVA if you accidentally ‘lost’ it.
Typical scenario: You are validly applying for 186 (ENS) visa while still being on a 457 visa. Or you are moving from eVisitor (651) visa into a student visa.
You can be also eligible for BVA after your substantive visa application has been refused and you are applying for a judicial review within the prescribed time.
Working rights: BVA carries over working rights from your previous visa. So if your previous student visa had 20 hours limitation, so will your BVA. The exceptions are BVA’s in relation to the applications made in Australia for the visas below. Such associated BVA’s have no work limitations imposed:
- Partner & Parent visas, namely:
- Partner (Subclass 820);
- Partner (Subclass 801);
- Aged Parent (Subclass 804);
- Contributory Aged Parent Temporary (Subclass 884); and
- Contributory Aged Parent (Subclass 864).
- Skilled & Business visas, namely:
- Business Talent (Permanent) (subclass 132),
- a Business Skills (Provisional) (subclass 188),
- a Business Skills (Permanent) (subclasses 890/891/892/893),
- an Employer Nomination (Permanent) [ENS] (subclass 186),
- a Regional Employer Nomination [RSMS] (subclass 187),
- a Skilled Independent (Permanent) (subclass 189),
- a Skilled Nominated (Permanent) (subclass 190),
- a Skilled Regional Sponsored (subclass 489),
- a Skilled (Residence) (subclass 887)
Bridging visa B (BVB) – subclass 020
BVB can be described as a ‘sibling’ of BVA as it shares the majority of characteristics with bridging visa b. The main distinction between them, however, is that BVB is the only bridging visa that lets you travel overseas and return.
How to apply and when granted: You have to apply on a special form while holding a valid BVA. BVB can be also granted after your substantive visa application has been refused and you need to urgently leave Australia while a judicial review that you have applied for is underway.
Typical scenario: After you have applied for a substantive visa you suddenly need to travel overseas due to an urgent family event. If you expect to return to Australia after your current visa expires make sure that you apply for and are granted BVB before leaving Australia.
Bridging visa C (BVC) – subclass 030
This is the first bridging visa in our listing that highlights problems in your visa situation (no current visa) and thus you’d better avoid it. To be eligible for bridging visa c you need to meet certain requirements:
- be in Australia
- apply for a substantive visa that can be granted in Australia
- at the time of lodging, the application have no substantive visa held
- hold no Bridging visa E (BVE) at the time of applying for BVC
How to apply and when granted: Depending on your situation BVC is granted automatically or you can also apply on a special form.
Typical scenario: While in Australia you have just realized that your Visitor visa (subclass 600) expired 10 days ago. To extend your stay and to save yourself from more problems you are making a valid application for a student visa for a 6 months course. As a result, you will be given BVC until a decision on your student visa application has been made.
Bridging visa D (BVD) – subclass 040
BVD is a short term bridging visa (valid for 5 days) granted to people with no valid substantive visa (or someone whose substantive visa is about to expire in 3 working days).
The Bridging D (class WD) visa has two subclasses:
- Subclass 040 Bridging visa (Prospective Applicant)
- Subclass 041 Bridging visa (non-applicant)
The subclass 040 (prospective applicant) visa is available to people who:
- have no visa at the moment or whose substantive visa will expire within 3 working days; and
- have attempted to make a valid application for a substantive visa but was unable to do so; and
- Will be able to make a valid application within 5 working days.
There is a limit of up to 3 BVD’s (subclass 040) that can be granted since last substantive visa held.
BVD is very often a step towards bridging visa E (BVE) in order to keep a person legally in Australia.
The subclass 041 (non-applicant) visa is available for people with no valid visa who:
- either is unable or do not wish to apply for a substantive visa; and
- There is no authorised officer available to interview them to check if they are eligible for a BVE.
How to apply and when granted? You can apply for BVD on a special form.
Typical scenario: While having a working holiday visa you made an application for a student visa, however you accidentally used the wrong form. Therefore you were notified that your application was invalid. You are applying now for 5-days BVD (subclass 040) to give you some time to prepare a correct student visa application.
Bridging visa E (BVE) – subclass 050
Apart from BVA, this bridging visa is the second most popular visa. One of the reasons why it is so common is because of multiple scenarios when BVE can be granted, for example, when:
- you have overstayed your visa and are voluntarily making arrangements to depart Australia
- you have applied, or are about to apply, for a substantive visa while having no valid visa at the moment
- you have no valid visa have written to the Minister seeking Ministerial intervention
- you are in immigration detention and satisfy the Minister that you are eligible for grant of a BVE
- You have been located by Immigration without a valid visa and the immigration officer determines that you are eligible for a BVE.
However, under some circumstances a person will never be eligible for BVE, for example:
- at the airport, upon arrival in Australia when they have not been immigration cleared
- their previous BVE has been cancelled due to criminal offences
The Bridging E (class WE) visa has two subclasses:
- 050(Bridging (General)) – for the vast majority of applications, covered in this article
- 051(Bridging (Protection Visa Applicant)) – only for refugees applying for a protection visa; due to its complexity not covered in this article
An interesting feature of BVE is that a security bond (e.g. cash) might be required by Immigration to ensure compliance with BVE conditions.
How to apply and when granted? You have to apply for BVE on a special form in person at the nearest Immigration office, by fax or post.
Typical scenario: You have overstayed your visitor visa and now making arrangements to leave Australia. Before you do it, you make your way to the office of the Department of Immigration together with your passport, proof of address (e.g. electricity bill) and a confirmation of your plane ticket. Then you lodge a BVE that lets you lawfully depart Australia (usually within the next few days). Please note that a 3-year return ban might apply to you. This issue, however, is beyond the scope of this article.