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An Overview of Bridging Visas

May 3, 2023
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Path Migration

Applicants may have come across the words “bridging visa” several times while reading up about Australian immigration. As the name suggests, a bridging visa is granted to applicants while they are waiting for a visa application to be processed (or approval of another visa). 


A bridging visa justifies an applicant’s right to reside in Australia until they get an outcome for the other visa. In case someone has to depart Australia, this visa also provides them with a lawful status while they make arrangements to depart.


There are different kinds of bridging visas that apply to the unique case and circumstances of an applicant. This blog will help readers understand the difference between bridging visas and how it impacts an applicant. 


Bridging Visa A (BVA)


BVA is a temporary bridging visa and is normally automatically applied for as part of an application for a substantive visa. A substantive visa can be any visa other than a bridging visa, criminal justice visa or enforcement visa. BVA allows applicants to reside in Australia after their current substantive visa ceases and while their new substantive visa application is being processed. 


There are circumstances wherein an applicant will have to file a separate application for a BVA, this includes situations such as:


  • Their substantive visa application did not also constitute an application for a BVA
  • They are seeking a further BVA without work restrictions
  • They have applied for judicial review 


BVA comes into effect when: 


  • It is granted (if an applicant’s substantive visa has ceased since applying for a BVA or the BVA is more beneficial than their current bridging visa)
  • An applicant’s current substantive visa ceases 
  • Another bridging visa that is more beneficial than an applicant’s current bridging visa ceases 


Applicants who are granted a BVA will be notified of the conditions that apply to the visa and will be required to adhere to them. Applicants who are holding a substantive visa when their BVA is granted must continue complying with the conditions of the substantive visa. The BVA conditions will be applied once the substantive visa ceases. It is important to note that a BVA does not permit holders to travel out of Australia. 


There are certain work restrictions with a BVA as well. If an applicant obtains a BVA that does not permit them to work, they can apply for a further bridging visa that does not have any restrictions - if they can demonstrate financial hardship. 


The Department of Home Affairs (DHA) will assess the applicant’s circumstances in relation to their financial hardship claim. There are certain visas that allow full-time or part-time work rights, the applicant will have to check with the DHA or their immigration lawyer. 


Bridging Visa B (BVB)


BVB is a temporary visa that allows holders to travel to and from Australia once or multiple times (during a specified period) while their substantive visa application is being processed. This is also known as a travel facility. If the travel facility ends or does not have sufficient validity for the applicant’s journey, they will have to reapply for a BVB visa before leaving Australia. 


Applicants applying for a judicial review will have to file a separate BVB application. If applicants want to change their visa conditions, they might have to apply for a BVA instead. 


BVA comes into effect when: 


  • An applicant’s current substantive visa ceases 
  • It is granted (if an applicant’s substantive visa has ceased since applying for a BVB or the BVA is more beneficial than their current bridging visa)


Applicants who are granted a BVB will be notified of the conditions that apply to the visa and will be required to adhere to them. Applicants who are holding a substantive visa when their BVB is granted must continue complying with the conditions of the substantive visa. The BVB conditions will be applied once the substantive visa ceases. 


BVB holders will only be permitted to work in Australia if the substantive visa they previously held or are applying for allows them to work. The holder’s grant letter will inform them about the work conditions. If the substantive visa they previously held or are applying for does not permit them to work, they will not be able to work on a BVB. 


If a BVB holder cannot work and is seeking to change this condition, they might have to apply for a BVA. In this process, the person will have to demonstrate that they are in financial hardships, thus requiring the right to work.

Bridging Visa C (BVC)


BVC is a temporary visa that allows applicants to reside in Australia after their current substantive visa ceases and while their new substantive visa is being processed. Similar to BVA, BVB is normally automatically applied for as part of an application for a substantive visa. An applicant may also be granted a BVC if they have made a valid substantive visa application in Australia but do not hold it yet. 


There are circumstances wherein an applicant will have to file a separate application for a BVA, this includes situations such as:


  • Applying for judicial review 
  • Seeking a further BVC without work restrictions 


BVC comes into effect when:


  • It is granted, or
  • The applicant’s current substantive visa ceases, or
  • Another bridging visa that is more beneficial than the applicant’s current bridging visa ceases 


Applicants who are granted a BVC will be notified of the conditions that apply to the visa and will be required to adhere to them. Applicants who are holding a substantive visa when their BVC is granted must continue complying with the conditions of the substantive visa. The BVC conditions will be applied once the substantive visa ceases. It is important to note that a BVC does not permit holders to travel out of Australia. 


The initial BVC that is granted to a holder will not permit them to work unless the substantive visa they applied for is one of the following SkillSelect 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 a person’s BVC does not permit them to work or applies work restrictions, they may apply for another BVC that permits them to work. In order to do that, they will have to demonstrate that they are experiencing financial hardship without work. Their claims will be assessed by the DHA. 


If an applicant is applying for a Protection Visa and they apply for a BVC for judicial review, they will only be given a work permit if their previous BVC  allowed them to work. 


SkillSelect visa applicants who are granted a BVC or judicial review will not be permitted to work initially. They will need to make another BVC application and demonstrate that they are undergoing financial hardship. 


Bridging Visa D (BVD)


BVD is a temporary visa that allows applicants to reside in Australia after their current substantive visa ceases and while their new substantive visa is being processed, or while an applicant is making arrangements to leave Australia, or for applicants who are granted a Bridging Visa E. 


A BVD has very strict time limits, as it is only effective for:


  • 5 working days upon being granted, or 
  • 5 working days after an applicant’s substantive visa has expired, or 
  • An applicant has been granted a BVE within 5 working days 


Applicants who leave Australia with a BVD will have no travel rights and won’t be allowed to re-enter the country or work within the country. A BVD does not offer any work rights under any circumstances - if a BVD holder is found to be working during the visa’s validity period, their visa may be cancelled. They will only be allowed to re-enter Australia upon the granting of a substantive visa by the DHA. 


Bridging Visa E (BVE)


BVE is a temporary visa that allows applicants to reside lawfully in Australia while they make arrangements to leave the country, finalise their immigration matter or await an immigration decision. 


There are 2 subclasses of the BVE: 


  • Subclass 050: For applicants who are currently unlawful, holders of a BVE 050 or holders of a BVD 041 
  • Subclass 051: Utilized in limited circumstances to allow certain eligible non-citizens to remain lawfully in Australia while their Protection Visa application is being finalized


Holders of a BVE can reside in Australia if they are: 


  • Making arrangements to leave Australia
  • Applying for a substantive visa 
  • Seeking merits or judicial review of a visa/citizenship decision 
  • Seeking ministerial intervention 


BVE holders who wish to work in Australia will have to look through their grant letter to find out whether they are allowed to work. BVE holders who cannot work in Australia but are found working will be detained and may be deported from Australia. 


However, there are special provisions for Protection Visa applicants, who may be allowed to work depending on several factors. 


It is important to note that there are no application fees for a BVE application.


The validity period of a BVE depends on the holder’s circumstances and is valid until a specified date or event. The BVE will end if:


  • The holder leaves Australia 
  • The holder is granted a substantive visa 
  • The holder’s BVE is cancelled


This visa cannot be extended. If a BVE holder is unable to depart Australia or resolve their immigration matter by a specific time or event, they will have to apply for a new BVE or explore different visa options. 


Disclaimer: Kindly note that the information provided here does not constitute legal advice. This must solely be regarded as content that provides general immigration information and is not a substitute for professional legal advice that occurs between an immigration lawyer and a client.


Path Migration strongly recommends readers contact certified immigration lawyers for a holistic overview of the Australian immigration system and a detailed analysis of each case.

Path Migration

Sydney

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