Bridging visas are a crucial part of Australia’s immigration system, providing temporary legal status to migrants and visa holders in various situations.
Whether you’re waiting for a decision on a substantive visa application, need to travel internationally, or have become unlawful, bridging visas allow you to stay legally in Australia. Each subclass of bridging visa serves a specific purpose, with differing rights and conditions such as work, study, and travel permissions. Understanding which bridging visa applies to your circumstances is essential to maintaining lawful status and ensuring you can access your entitlements.
Table of Contents
- 1. Overview of Bridging Visas in Australia
- 2. Bridging Visa A (Subclass 010)
- 3. Bridging Visa B (Subclass 020)
- 4. Bridging Visa C (Subclass 030)
- 5. Bridging (Prospective Applicant) Visas D (Subclasses 040 and 041)
- 6. Bridging Visa E (Subclasses 050 and 051)
- 7. Bridging Visa F (Subclass 060)
- 8. Bridging Visa R (Subclass 070)
- 9. What Happens if I Don’t Meet the Bridging Visa Criteria?
- 10. FAQs about Bridging Visas in Australia
1. Overview of Bridging Visas in Australia
Bridging visas are temporary visas that allow individuals to remain lawfully in Australia while awaiting a decision on their substantive visa application, appeals, or preparing to leave the country. Bridging visas can be granted in various circumstances, including when a substantive visa expires or is cancelled, or when a person becomes unlawful but needs time to regularise their status. There are six main types of bridging visas, each tailored to specific situations. These visas come with differing rights, such as the ability to work, study, or travel, depending on the holder’s migration status and visa conditions.
2. Bridging Visa A (Subclass 010)
The Bridging Visa A (BVA) is issued when a person applies for a substantive visa while holding a valid visa in Australia. The BVA allows the applicant to remain in the country lawfully after their current visa expires and until a decision is made on their new application.
Key Features:
- Travel Rights: Holders of a BVA can travel within Australia but cannot leave and return without applying for a Bridging Visa B.
- Work and Study: Work and study conditions usually mirror those of the substantive visa held at the time of application.
Eligibility Criteria:
- You must be in Australia and hold a substantive visa at the time of applying for another substantive visa.
- Your substantive visa application must allow processing within Australia.
- If your substantive visa application is refused, the BVA remains valid for 28 days unless an appeal is lodged with the Administrative Appeals Tribunal (AAT).
3. Bridging Visa B (Subclass 020)
The Bridging Visa B (BVB) is the only bridging visa that allows international travel. It is granted to individuals who hold a BVA or BVB and need to leave and return to Australia temporarily.
Key Features:
- Travel Rights: A BVB includes a specific “travel period” during which the visa holder can leave and re-enter Australia.
- Work and Study: Once back in Australia, the visa holder retains the rights to live, work, and study.
Eligibility Criteria:
- Applicants must already hold a BVA or BVB.
- Travel must be for a compelling or planned reason, as outlined in the application.
4. Bridging Visa C (Subclass 030)
The Bridging Visa C (BVC) is designed for individuals who apply for a substantive visa while unlawfully in Australia (i.e., after their previous visa has expired).
Key Features:
- Travel Restrictions: Holders of a BVC cannot travel outside Australia and return.
- Work Conditions: If the BVC is issued with a no-work condition, applicants can request a new BVC by demonstrating financial hardship or a compelling need to work.
5. Bridging (Prospective Applicant) Visas D (Subclasses 040 and 041)
Bridging Visas D are short-term visas granted to individuals who are about to become unlawful and have attempted but failed to lodge a valid substantive visa application.
Key Features:
- Validity: These visas allow up to five working days to submit a valid application for a substantive visa.
- Restrictions: No work rights or travel permissions are granted under this visa.
Eligibility Criteria:
- You must have made a genuine attempt to lodge a substantive visa application.
- You must apply for a valid substantive visa within five working days of receiving the Bridging Visa D.
6. Bridging Visa E (Subclasses 050 and 051)
The Bridging Visa E (BVE) allows non-citizens to remain in Australia lawfully after becoming unlawful or while waiting for a decision on a substantive visa application, appeal, or Ministerial Intervention.
Key Features:
- Work and Study: Comes with “no work” and “no study” conditions unless applicants demonstrate a compelling need.
- Reporting Conditions: Holders may be required to report to the Department of Home Affairs periodically.
Eligibility Criteria:
- The BVE is often issued to individuals detected as unlawful or those applying for a protection visa.
7. Bridging Visa F (Subclass 060)
The Bridging Visa F (BVF) is granted to individuals who are of interest to Australian police in cases of serious Commonwealth offences, such as trafficking or deceptive recruiting.
Key Features:
- Validity: Usually valid for 30 days or until the Minister advises the individual is no longer of interest.
- Work Conditions: No work rights are granted.
8. Bridging Visa R (Subclass 070)
The Bridging Visa R (BVR) is issued to individuals facing removal from Australia where removal is not currently practicable.
Key Features:
- Conditions: Includes mandatory reporting, notifying the Department of any changes, and strict restrictions on travel or large financial transactions.
- Ministerial Discretion: Issued at the discretion of the Minister and usually requires an invitation to apply.
9. What Happens if I Don’t Meet the Bridging Visa Criteria?
If you fail to meet the criteria for a bridging visa, you will not be granted one. This may result in immigration detention or unlawful status.
In such cases, you may:
- Appeal the decision with the Administrative Appeals Tribunal.
- Request judicial review in court.
- Seek Ministerial Intervention.
If your bridging visa is granted with unfavourable conditions, such as a no-work restriction, you can apply for a new bridging visa to remove the condition by demonstrating a compelling need.
10. FAQs about Bridging Visas in Australia
What is a bridging visa?
A bridging visa is a temporary visa that allows you to remain lawfully in Australia while awaiting the outcome of a substantive visa application, appeal, or preparation to leave the country.
Can I work on a bridging visa?
Work rights vary depending on the type of bridging visa granted. Some bridging visas have work conditions that match your previous substantive visa, while others require a separate application to lift work restrictions.
Can I travel on a bridging visa?
Travel rights are limited on most bridging visas. Only the Bridging Visa B (Subclass 020) permits travel outside Australia and re-entry within a specific period.
What happens if my substantive visa is refused while I hold a bridging visa?
If your substantive visa is refused, you typically have 28 days to leave Australia unless you lodge an appeal with the Administrative Appeals Tribunal.
Summary
Bridging visas play a critical role in maintaining lawful status for migrants and visa holders in Australia. Each type of bridging visa is tailored for specific circumstances, from waiting for visa decisions to facilitating short-term travel or protecting vulnerable individuals. Understanding the conditions and rights associated with these visas is vital for anyone navigating the Australian immigration system.
For official information, refer to the Department of Home Affairs website.
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