Bridging Visas
Bridging visas are granted to allow you to remain in Australia while your application is being processed or to provide lawful status while you make arrangements to leave the country.
Coronavirus update: Would consideration be given to issuing BVB holders adversely affected by the travel ban with very short stay visitor visas so they can get back onto their BVAs quickly?
If a BVB expires before the holder can return to Australia, they will need to apply for another visa (such as a short stay Visitor visa) once the travel restrictions are lifted. Decisions on Visitor visa applications will be made on a case-by-case basis. Once back in Australia, the person will need to apply for a BVA to remain lawful after the Visitor visa expires.
WHAT ARE THE DIFFERENT TYPES OF AUSTRALIAN BRIDGING VISAS AVAILABLE?
Bridging Visa A
If you are on a substantive Australian visa and you lodge another substantive visa application, you will be granted with a BVA which will provide you with lawful status while your application is being processed.
Important things to note about a BVA:
Travel rights
You do not have any travel rights on this visa, so if you leave Australia, you will not be able to return. However, you are eligible to apply for a BVB to gain travel rights (see below).
If you travel on your current substantive visa after lodging another substantive visa application, the BVA will cease once you leave Australia. This means you will need to apply to have your BVA reinstated upon your return. If you don’t get your BVA reinstated before your current visa expires, you will be unlawful.
Work rights
Generally, you will not have work rights on a BVA unless you apply to the Department for another BVA without work restrictions. To do this, you will usually need to demonstrate financial hardship.
However, if you have been nominated or sponsored by an employer for a substantive visa on skills grounds and appear to meet the requirements for the visa, work rights will automatically be granted.
Additionally, if you are applying for an onshore partner visa (sc 820), you will automatically be granted work rights while your visa is being processed.
Eligibility Requirements for BVA
Bridging Visa B
If you would like to travel out of Australia and avoid your BVA being cancelled while waiting for you substantive visa application to be processed, you will need to apply for a BVB.
Important things to note about a BVB:
Generally, this visa is only valid for three months, so you will need to return to Australia before the three months are up. Due to this time limit, you should apply for the BVB only 2-3 weeks before you intend to travel.
To apply, you need to fill out a simple form and submit it to the Department, which will process the visa in a few days and notify you if it has been granted. You can hold both a BVA and a BVB at the same time.
Bridging Visa C
If you are an unlawful non-citizen and you lodge a valid application for a substantive visa you will be granted a BVC. This applies if you have overstayed your visa and become unlawful, but have then lodged a valid application.
Important things to note about a BVC:
Travel rights
You do not have any travel rights on this visa, so if you leave Australia, you will not be able to return. You cannot apply for travel rights on a BVB while holding this visa, so you cannot lawfully leave Australia (if you have an urgent need to travel, you will need to contact your case officer).
If you have applied for a substantive visa in Australia, you might automatically be granted a BVC. The Department will notify you if this is the case, and you will not need to fill out a separate form.
Work rights
The initial BVC granted to you when you apply for your substantive visa will not allow you to work, unless the substantive visa you have applied for is one of the following Skills elect visas:
– Business Talent visa (subclass 132)
– Business Innovation and Investment (Provisional) visa (subclass 188)
– Business Innovation and Investment (Permanent) visa (subclass 888)
– Employer Nomination Scheme visa (subclass 186)
– Regional Sponsored Migration Scheme visa (subclass 187)
– Skilled – Independent visa (subclass 189)
– Skilled – Nominated visa (subclass 190)
– Skilled – Regional (Provisional) visa (subclass 489).
If your BVC does not permit work in Australia, you can apply for another BVC that does allow work. To be considered for a work-permitting BVC, you will typically need to demonstrate financial hardship.
Eligibility Requirements for BVC
Bridging Visa D
If your substantive visa has expired, a BVD will let you stay in Australia lawfully for a short time until you are able to make a substantive visa application, make arrangements to leave Australia or are granted a Bridging visa E.
Important things to note about a BVD:
Time limits
Your BVD will expire either five working days after it was granted, five days after the end date of your substantive visa, or if you are granted a BVE within those 5 days. During this period, you must either lodge a valid application or make arrangements to leave Australia.
Travel rights
There are no travel rights on this visa, so you cannot re-enter Australia.
Work rights
This visa does not provide any work rights under any circumstances. If you work while holding a BVD, it may result in cancellation of your visa.
Bridging Visa E
If your substantive visa has ended, this visa allows you to stay in Australia lawfully while you make arrangements to leave, finalise your immigration matter or are waiting for an immigration decision.
Important things to note about a BVE:
Travel rights
This visa ends once you leave Australia, so you cannot return unless you are granted another substantive visa.
Work rights
Your grant letter will specify if you are permitted to work. Working when you are not authorized to do so can result in the Department canceling your BVE and potentially detaining you. Additionally, you may face removal from Australia.
Eligibility Requirements for BVE
WHAT IS A SUBSTANTIVE VISA?
A substantive visa is any visa which is not a bridging visa or a criminal justice visa or an enforcement visa.
WHY SHOULD I AVOID GAINING UNLAWFUL STATUS?
If you are in Australia without a visa, you are considered an unlawful non-citizen, which can lead to several consequences:
– Risk of detention and removal from Australia.
– Ineligibility to be granted another visa for up to three years after leaving Australia.
– Potential debt to the Australian Government for the costs associated with your removal.
During the COVID-19 crisis, being on a Bridging Visa A (BVA) allows you to stay in Australia:
– After your current visa expires.
– While your new visa application is being processed.
All visa holders, including BVAs, must comply with current travel restrictions. Public health remains the top priority, and regardless of your visa status, you must follow public health advice, including requirements for quarantine or self-isolation.
If your BVA permits work, you may be allowed to work in Australia based on its conditions. If your BVA does not allow work or has restrictions, you can apply for another BVA that grants work rights. Typically, demonstrating financial hardship is necessary for consideration.
However, you cannot be granted a new BVA that allows work if your current BVA restricts work due to reasons such as:
– Being granted pending judicial review of a substantive visa decision.
– Having applied for a protection visa.
Expiring visa
If you want to stay in Australia beyond your visa expiry date you must apply for a further visa.