A bridging visa is a temporary visa which allows you to lawfully remain in Australia whilst your immigration status is decided. There are several types of bridging visas available, with each one designed for a particular purpose and based on the visa status of the applicant. The overall aim of the bridging visa program is to provide lawful status in Australia to applicants:
- who are awaiting processing of their onshore substantive visa application for the period from lodgement until it is finally determined (this includes a merits review by the Administrative Appeals Tribunal (AAT);
- during judicial review proceedings (including proceedings on appeal) relating to their substantive visa application until the proceedings are completed;
- who are unlawful non-citizens (meaning they do not hold a valid visa to remain in Australia) who either do not seek to, or are unable to, apply for a substantive visa in Australia, and are arranging to depart Australia; or
- who have substantial reasons for leaving and re-entering Australia.
The most common type of bridging visa is a Subclass 010 Bridging Visa A (BVA), which is normally granted to visa applicants automatically when they apply for a substantive visa, if they hold a substantive visa at time of lodgement. A substantive visa is any visa excluding a bridging visa, criminal justice or enforcement visa. In such a case, a separate application for a BVA is not required. Although there is no such thing as an AAT bridging visa per say, a BVA will maintain your lawful status in Australia if you apply to the AAT to have your visa refusal decision reviewed.
In some circumstances, the applicant is required to lodge a separate application for a bridging visa. An example of this is the Subclass 020 Bridging Visa B (BVB). The bridging visa A and B are identical, with the exception that the bridging visa B has the added benefit of travel rights. This means that BVB holders can depart and re-enter Australia for a specified period. The bridging visa B, along with the Subclass 060 Bridging Visa F (BVF), are the only two bridging visas which have travel rights.
Purpose Of A Bridging Visa
A bridging visa is used to either maintain your lawful status in Australia, or regularise your status from unlawful to a lawful non-citizen in Australia.
A bridging visa can maintain your lawful status in Australia whilst you await processing of a substantive visa application, such as with a BVA, which covers you for the period from when your current substantive visa expires to when your subsequent visa application is finally determined (including any merits review of the decision by the AAT). In such a case, you are a lawful non-citizen throughout the entire period.
A bridging visa can also regularise your visa status in Australia, that is, provide you with lawful status where you are an unlawful non-citizen. A Subclass 030 Bridging Visa C (BVC) is an example of this circumstance. Where you apply for a substantive visa in Australia and you do not hold a substantive visa at that time (meaning you either hold a bridging visa or no valid visa), you will be granted a BVC at time of application. If you apply for the substantive visa and you do not hold a valid visa at that time, the BVC will provide you with lawful status in Australia until the substantive visa is finally determined (including any merits review of the decision by the AAT).
Bridging Visas Are Complex … Tread With Caution
The provisions governing bridging visas are a complex area of the migration law, especially regarding when a bridging visa comes into effect. By way of example, if you hold a substantive visa at the time of lodgement of your visa application and you are located in Australia at that time, you will normally be granted a BVA. But this does not necessarily mean that the BVA will come into effect at the time when it is granted. But rather, it will remain dormant and be available to be used if, and when, it is needed. In this scenario, the BVA would come into effect when your current substantive visa expires. Or, if you hold a more beneficial bridging visa at that time, the BVA will come into effect when that bridging visa ceases (the migration provisions stipulate the order in which bridging visas are ranked from most to least beneficial).
It is therefore very important that you are aware of which visa applies at each relevant time, to ensure that you abide by the correct visa conditions. So if you hold a substantive visa when your bridging visa is granted, you must continue to comply with the conditions of the substantive visa. When your substantive visa ceases, the conditions of the bridging visa will apply.
Breaching the conditions of your visa can have very serious ramifications, including visa cancellation. We therefore highly recommend that you seek further information and advice if this is relevant to your personal circumstances.
In this article, we provide an overview of the most commonly used bridging visas and the circumstances when each would apply. We take a look at the differences between a bridging visa A and B, and whether you can move from a bridging visa C to B if you wish to travel offshore. We also explore the interplay between a bridging visa and lodgement of an AAT appeal (is there such a thing as an AAT bridging visa?). And finally, we touch on the less common bridging visa F and bridging visa R.
Please also refer to our Bridging Visa For Partner Visa article where we explain what a partner bridging visa is and how it operates, what your rights and obligations are as a bridging visa for a partner visa holder, when such a bridging visa ceases, and provide links to further information about bridging visas, as well as the partner visa program.
Let us start our discussion by introducing the different types of bridging visas that exist.
What Are The Different Types Of Bridging Visas Available?
There are nine bridging visa subclasses, as listed below:
- Subclass 010 Bridging Visa A (BVA);
- Subclass 020 Bridging Visa B (BVB);
- Subclass 030 Bridging Visa C (BVC);
- Subclass 040 Bridging Visa D (BVD) (Prospective Applicant) and Subclass 041 Bridging (Non-applicant);
- Subclass 050 Bridging Visa E (BVE) Bridging (General) and Subclass 051 Bridging (Protection Visa Applicant);
- Subclass 060 Bridging Visa F (BVF); and
- Subclass 070 Bridging Visa R (BVR) Bridging (Removal Pending).
Before we discuss in more detail the most commonly used bridging visas, let us first take a look at what happens to your immigration status in Australia if you apply to the AAT to have a refusal decision reviewed.
How Is A Bridging Visa Relevant To An AAT Appeal?
If you apply for a visa onshore and you hold a substantive visa at time of lodgement, you will be granted a bridging visa A. The BVA maintains your lawful status in Australia during the processing of your substantive visa application until it is finally determined.
Similarly, a BVC either maintains or regularises your lawful visa status in Australia during the processing of your substantive visa application until it is finally determined.
What Does ‘Finally Determined’ Mean?
Finally determined for this purpose means all proceedings at the AAT have, or could have been, exhausted. That is, where the matter has been decided by the AAT, or if such proceedings have not been initiated, the period in which an AAT review can be instituted has ended.
This is an important concept to understand because what follows is that if you pursue further action following a negative outcome at the AAT, a BVC will not maintain your lawful status in Australia for this subsequent action. So, for example, a BVC that is granted in association with the processing of a substantive visa application that is not finally determined does not remain in effect for judicial review of a decision on that substantive visa application. Thus if you apply for a judicial review of a decision on your substantive visa application, you will need to make a further subsequent BVC application.
Bridging Visa A
If you apply, in Australia, for a substantive visa which can be granted to you if you are in Australia, and at that time you hold a substantive visa, you will be granted a BVA at time of lodgement.
If the Department refuses the application and you lodge a review application with the AAT, the BVA will maintain your lawful status in Australia whilst you await a decision by the AAT. The BVA will remain in effect until 35 calendar days after the AAT has decided your case.
Bridging Visa C
If you apply for a visa onshore and you do not hold a substantive visa at time of lodgement, you will be granted a bridging visa C.
If the Department refuses the application and you lodge a review application with the AAT, the BVC will maintain your lawful status in Australia whilst you await a decision by the AAT. The bridging visa C will remain in effect until 35 calendar days after the AAT has decided your case.
Bridging Visa E
If you do not hold a valid visa or you hold a BVE or Subclass 041 Bridging (Non-applicant) (BVD), you may be granted a BVE to:
- Apply for, or await an outcome from, an AAT review of a decision to cancel your visa; or
- Await the outcome of an AAT review of a Citizenship decision.
Therefore, although there is no AAT bridging visa as such, there are bridging visas that may be granted for the purpose of maintaining or regularising your lawful sttaus in Australia whilst your immigration matter is being decided by the AAT, whether that be a BVA, BVC or BVE (depending on your individual circumstances).
AAT Review Decisions
The AAT provides a final independent merits review of visa and visa-related decisions made by the Department of Home Affairs (the Department). It can decide the following:
- to affirm the decision under review – if the AAT decides that the Department’s decision should not be changed. The effect of this is that the refusal decision remains in effect;
- to set aside the decision under review – if the AAT decides that the Department’s decision should be changed. In this case it may replace (substitute) the Department’s decision with a new decision; or
- to remit the decision under review – if the AAT decides that the Department’s decision should be reconsidered. The effect of this is that the Department is required to reconsider the application having regard to any directions made by the AAT.
The AAT may also determine that it has no jurisdiction to review the Department’s decision (where it has no power to review the decision under the legislative provisions).
You can challenge a decision made by the AAT by seeking a judicial review at the Federal Circuit and Family Court of Australia if you believe that it is wrong in law.
What Happens To Your Bridging Visa Once the AAT Has Decided Your Case?
As noted above, a bridging visa maintains or regularises your lawful status in Australia whilst you await a decision on your review application to the AAT. But what happens to your visa status after the AAT has made a decision on your review application?
If you hold a bridging visa associated with the application that was the subject of the AAT’s review, or with a decision to cancel a visa, your AAT bridging visa may cease, depending on the AAT decision. One of the below may apply to your AAT bridging visa (BVA, BVC or BVE):
- If the AAT sets aside the decision under review and substitutes a decision that your visa be granted – the bridging visa will cease;
- If The AAT remits the decision under review back to the department for reconsideration, the bridging visa will remain in effect while the application is being processed by the Department;
- If the AAT affirms the decision under review, deciding that the delegate’s decision should not be changed, or it decides that it has no jurisdiction to review the decision, the bridging visa will cease either;
- 35 days after the AAT decision is made (if the bridging visa was granted on or after 19 November 2016); or
- 28 days after you are notified of the AAT decision (if the bridging visa was granted before 19 November 2016).
If you decide to seek judicial review where the AAT decides to affirm the Department’s decision, or if the AAT determines that it has no jurisdiction to review the case, you may be eligible for a bridging visa that will maintain your lawful immigration status throughout this process. You should apply for another bridging visa before your current bridging visa ceases.
The effect on a bridging visa may be different where the AAT decides to set aside the decision under review and substitute a decision not to cancel a visa, or that the visa application is invalid. You should seek advice if you find yourself in this situation.
Let us now discuss the most commonly used bridging visas, namely the BVA, BVB, BVC and BVE. We also take a look at the bridging visa F and Bridging visa R.
Types Of Bridging Visas
Subclass 010 Bridging Visa A (BVA)
If you apply, in Australia, for a substantive visa which can be granted to you if you are in Australia, and at that time you hold a substantive visa, you will be granted a BVA at time of lodgement. The BVA will come into effect after your current substantive visa expires, unless you hold another bridging visa which is more beneficial at that time.
How Are Bridging Visas Ranked?
Bridging visas are ranked in the following order, from most to least beneficial:
- BVB
- BVA
- BVC
- BVD
- BVR
- BVE
- BVF
With regard to a BVA, BVB and BVC, if you hold two or more of the same subclass and each is subject to the same work conditions, the one that was granted first is taken to be more beneficial.
The factor that makes one BVA, BVB or BVC more beneficial than another bridging visa of the same class is whether a work-related condition has been imposed. Other visa conditions that may be imposed but do not prevent or restrict work are irrelevant when considering which of two or more bridging visas of the same class is more beneficial.
And so a BVA, BVB or BVC which confers an unlimited right to work is taken to be more beneficial than another bridging visa of the same class that confers a limited right to work. Further, a BVA, BVB ot BVC which confers a limited right to work is taken to be more beneficial than one of the same class that confers no right to work.
If you hold two or more BVEs (regardless of the visa subclass i.e. Subclass 050, 051 or both), the one that was granted last is taken to be more beneficial.
Applying the above methodology, the following rankings are assigned to each bridging visa subclass:
1. BVB with unlimited right to work;
2. BVB with limited right to work;
3. BVB with no work rights;
4. BVA with unlimited right to work;
5. BVA with limited right to work;
6. BVA with no work rights;
7. BVC with unlimited right to work;
8. BVC with no work rights;
9. BVD (Subclass 040 and Subclass 041);
10. BVR;
11. BVE (Subclass 050 and Subclass 051);
12. BVF with unlimited right to work;
13. BVF with limited right to work;
14. BVF with no work rights.
When Is A Bridging Visa ‘In Effect’?
And so if you apply, in Australia, for a substantive visa which can be granted to you if you are in Australia, and at that time you hold a substantive visa, you will be granted a BVA at time of lodgement. The BVA will come into effect after your current substantive visa expires, unless you hold another bridging visa which is more beneficial at that time.Therefore, if you hold a bridging visa B at time of lodgement of your application, the BVB will remain in effect until it expires.
It may be the case that the BVA never comes into effect, which would occur if your immigration matter is resolved before the need for the BVA arises.
For a BVA which does come into effect, it will remain so until the earlier of when:
- The substantive visa, which you applied for, is granted;
- You depart Australia when your BVA has already come into effect;
- Either your BVA or substantive visa which you held when you were granted the BVA are cancelled; or
- You are granted a BVB (to allow you to travel).
If your application for a substantive visa is refused, your BVA will cease to be in effect 35 calendar days after the refusal decision.
If you apply to the AAT to have the refusal decision reviewed, the BVA will continue to remain in effect until 35 calendar days after the AAT has decided your case. Therefore, an AAT bridging visa (a BVA) maintains your lawful status in Australia if you decide to lodge a review of your case.
Your BVA will also remain in effect until 35 calendar days of your AAT application for review being deemed as invalid, or you withdraw the review application.
If you appeal the decision to a judicial court (after an unsuccessful AAT review), and the refusal decision is upheld, or you withdraw your application for judicial review, the BVA will remain in effect until after 28 calendar days of the decision. Note that if you apply for judicial review of a substantive visa decision, you must apply for a further BVA. That is, you will be granted an initial BVA at time of lodgement of the substantive visa application, which will cover you for the period of the AAT review process only. But if then seek a further appeal to the judiciary, you must separately apply for a subsequent BVA.
Be aware that the above dates of effect apply to a BVA which has been granted on or after 19 November 2016. For a BVA granted before this date, it will remain in effect until after 28 calendar days of the relevant event in all cases.
In certain circumstances, you will need to apply separately for a BVA, such as if you are applying for judicial review of a refusal decision as noted above. Another example is if you seek to add work rights to your BVA (this requires making a separate application for a new BVA). In this case, you may be granted a further BVA with nil conditions if the Department is satisfied that you have a compelling need to work (this is discussed further below). If a new BVA is granted, the previously held BVA or BVB will cease.
What Is The Cost To Apply For A Bridging Visa A?
There is no fee to apply for a BVA.
Can You Include Family?
Yes, eligible family members who have been included in your substantive visa application may also be granted a BVA. If you apply separately for a BVA, you can include members of your family unit in your BVA application if they are included in your substantive visa application. The Department will assess each family member’s application to determine which bridging visa they can be granted.
You can apply for, and be granted, a BVA, only whilst you are in Australia. The same applies to any eligible family members included in your application.
Can You Work In Australia As The Holder Of A BVA?
A BVA may be granted with work rights. Applicants who apply for a Business visa or Skilled visa will be subject to nil visa conditions on the BVA and are therefore able to work. Applicants who have lodged an application for one of the following visas are also subject to nil visa conditions on a BVA:
- Subclass 820/801 Partner visa;
- Subclass 804 Aged Parent visa;
- Subclass 864 Contributory Aged Parent visa; and
- Subclass 884 Contributory Aged Parent visa.
If you have been granted a BVA which is subject to a work restriction, you can apply for a new BVA without this restriction if you can demonstrate that you have a compelling need to work. You will need to provide evidence to show that you are experiencing financial hardship. The Department will consider your financial circumstances (savings, income, expenses and support available from other persons) and the evidence provided. In assessing financial hardship, Immigration will have regard to the following:
- Whether your claimed expenses are reasonable (for example, are they within the range considered acceptable based on your circumstances);
- How you have supported yourself up until this point and whether that support will continue;
- Whether you have other potential means of support (for example, your sponsor or nominator, relatives or friends in Australia, or relatives overseas);
- Whether you would become an unreasonable charge on public funds or charities; and
- When your substantive visa application is expected to be decided.
What Is The Difference Between A Bridging Visa A And B?
Bridging Visa A
The purpose of a BVA is to provide lawful status in Australia to a non-citizen either:
- during the processing of their substantive visa application until it is finally determined (including a merits review by the AAT); or
- during any judicial review proceedings (including proceedings on appeal) relating to their substantive visa application until the proceedings are completed.
A BVA allows the holder to remain lawfully in Australia, but it does not allow the holder to travel to Australia or to enter Australia if they leave.
Bridging Visa B
The purpose of a BVB is to allow a non-citizen who:
- has substantial reasons for leaving and re-entering Australia; and
- has a substantive visa application that is not finally determined or judicial review proceedings in respect of a substantive visa application that are not completed;
to travel to and re-enter Australia either for the visa period or for an earlier specified period.
Travel Facility
Crucially, the key difference between a bridging visa A and B is the travel facility. That is, only the bridging visa B allows the holder to re-enter Australia. The bridging visa A does not. And so if you depart Australia without first being granted a BVB, you will be unable to re-enter Australia on the BVA. In this case you will need to apply for another visa to travel to Australia.
This travel facility affects the order of ranking of the bridging visa A and B, as discussed below.
Ranking
The travel facility on the BVB also gives it a higher ranking in terms of how beneficial it is to the visa holder. As discussed earlier in this article, the BVB is ranked the most beneficial bridging visa; whllist a BVB is ranked as the second most beneficial bridging visa.
Therefore, another difference between the bridging visa A and B is the ranking assigned to each. This order of ranking is important as it determines when a bridging visa comes into effect.
Apart from the travel facility (which affects the ranking which is assigned), in all other respects, a bridging visa A and B are the same.
Subclass 020 Bridging Visa B (BVB)
You can apply separately to the Department to add travel rights to your BVA. You will need to demonstrate that your reasons for seeking to travel are substantial and the need to travel is genuine.
Demonstrate ‘Substantial Reason’ For Travel
‘Substantial’ is not defined in the migration provisions, but Immigration policy provides guidance as to what the Department considers to be substantial reasons for seeking to travel for this purpose. This includes travel associated with:
- Employment, business or education (e.g. to attend a work or study conference, participate in business negotiations or meetings, or to undertake academic research or to present papers);
- Family, other relatives or people important to you (e.g. to visit a seriously ill family member, relative or close friend; to attend a wedding or other culturally important event, or a funeral of one of these relations); and
- Visa application (e.g. to undergo treatment for a medical condition, to obtain documents, or for personal reasons due to the delay in processing of your visa application).
The above are examples of the types of reasons which Immigration could consider to be ‘substantial,’ however it is not an exhaustive list and other reasons may be accepted.
You must provide supporting documents to evidence that your need to travel is ‘genuine.’ Examples include:
- A letter from your employer to verify that the travel is for work-related purposes;
- A letter from your education institution to verify that the travel is for study or research purposes;
- If travel is for personal reasons, evidence could include an invitation to a wedding or other significant celebration of a relative or close friend; and
- Where you are seeking to depart Australia to undergo medical treatment, a letter from your doctor or specialist confirming the need for medical treatment outside Australia.
You need to specify the period when you wish to travel in the bridging visa B application. You should also provide a copy of your travel itinerary.
When deciding whether to grant a BVB, the Department will also consider when a decision on your substantive visa application is likely to be made, so that you are present in Australia for the visa to be granted.
When Can You Apply For A Bridging Visa B?
You can apply for, and be granted, a bridging visa B, only when you are in Australia. You should apply for a BVB between 2 weeks and 3 months before your proposed travel.
You must be onshore at time of application for a bridging visa B. You must also be in Australia at time of visa grant.
You can apply for, and be granted, a bridging visa B whilst you still hold a valid substantive visa. This might apply where, for example, you are planning to travel outside Australia on your substantive visa but expect it to expire whilst you are offshore. In this case, you can apply for a BVB so that it is ready to come into effect when you are outside Australia, thereby allowing you to re-enter Australia.
The BVB travel facility may be granted with single or multiple travel and will be valid for use until a specified date.
What Happens When You Return To Australia On A Bridging Visa B?
Once you return to Australia, the BVB will remain in effect in the same way as the BVA (see discussion above). The bridging visa A and B are identical in all respects but for the travel facility on the BVB.
You must return to Australia by the BVB expiry date. Otherwise, you will need to apply for another visa to allow you to return to Australia (you can only apply for and be granted a BVB whilst you are in Australia).
If, once you have returned to Australia on your BVB, you are required to travel again, you will need to apply for a new BVB with new travel dates. You cannot apply to extend a BVB which has already been granted.
Can You Work As A Bridging Visa B Holder?
You may have permission to work if the substantive visa you held, or the visa you have applied for, allows you to work.
There is no provision for a BVB to be granted with nil conditions on the basis of a compelling need to work. Thus if your BVB has a condition that prevents or restricts work and you wish to apply for permission to work, you may consider applying for a BVA without work restrictions. As part of this process, you will need to demonstrate that you are in financial hardship.
What Is The Cost To Apply For A Bridging Visa B?
The current BVB application fee is $165.
Can You Include Family In Your Application For A Bridging Visa B?
Yes, eligible family members who have been included in your substantive visa application may apply for and be granted a BVB. You can apply for a BVB on a single application form and pay one lodgement fee. Each family member included in the BVB application must satisfy the requirements for grant of the BVB (i.e. they must each have substantial reasons for seeking to travel offshore and provide evidence in support of their claims).
Each family member who is apply for a BVB must be onshore at both time of application and visa grant.
Can You Apply For A Bridging Visa B If You Are A Bridging Visa C Holder?
No, to be eligible for grant of a BVB, you must hold either a BVA or a BVB at time of application lodgement. That is, you cannot go from a bridging visa C to B. If you depart Australia on a BVC, you will not be able to re-enter Australia on your BVC and will need to apply for and be granted another substantive visa to allow you to return (if you are eligible). If you find yourself in this situation, that is, you cannot go from a bridging visa C to B and you have an urgent need to travel, you should contact your Immigration case officer to discuss your situation.
Subclass 030 Bridging Visa C (BVC)
If you apply for a substantive visa in Australia and you do not hold a substantive visa at that time (meaning you either hold a bridging visa or no valid visa), you will be granted a BVC at time of application. If you hold a Subclass 050 Bridging Visa E (BVE) Bridging (General) or Subclass 051 Bridging (Protection Visa Applicant), or you held a BVE since you last held a substantive visa, you will not be eligible for grant of a BVC.
A BVC operates in a similar way to the BVA and is applied for automatically at time of lodgement of your substantive visa application.
You may apply separately for a BVC if you are seeking to add work rights to your existing BVC, or you have applied for judicial review.
When Is A Bridging Visa C In Effect’?
The BVC will normally come into effect immediately upon grant (unless you hold a more beneficial bridging visa at that time), and will remain so until the earlier of the following events:
- The substantive visa, which you applied for, is granted;
- You depart Australia when your BVC has already come into effect;
- Either your BVC or substantive visa which you held when you were granted the BVC are cancelled; or
- You are granted a BVB (to allow you to travel).
As is the case with a BVA, if your application for a substantive visa is refused, the BVC will cease to be in effect 35 calendar days after the refusal decision.
If you apply to the AAT to have the refusal decision reviewed, the AAT bridging visa (BVC) will continue to remain in effect until 35 calendar days after the AAT has decided your case.
If you appeal the decision to a judicial court (after an unsuccessful AAT review), and the refusal decision is upheld, the BVC will remain in effect until after 28 calendar days of the decision.
The above applies to a BVC which has been granted since 19th November 2016. For a BVC granted before this date, it will remain in effect until after 28 calendar days of the relevant event in all cases.
You can apply for, and be granted, a BVC, only whilst you are in Australia.
What Is The Cost To Apply For A Bridging Visa C?
There is no application cost for a BVC.
Can You Include Family?
Yes, eligible family members who have been included in your substantive visa application may also be granted a BVC. If you apply separately for a BVC, you can include members of your family unit in your BVC application, if they are included in your substantive visa application. The Department will assess each family member’s application and decide which bridging visa they can be granted.
Can You Work In Australia As A Bridging Visa C Holder?
In most cases, a BVC is granted with no right to work in Australia. An exception applies where applicants have applied for a Business visa or a Skilled visa, who are subject to nil visa conditions. As with the BVA, you can apply to the Department to have the work restriction removed. As discussed above in relation to the BVA, you will need to demonstrate a compelling need to work (i.e. that you are experiencing financial hardship).
If you hold a BVC that was granted on the basis that you have applied for judicial review and you are subject to a no work condition, you cannot apply for a further BVC with work rights (even if your initial BVC allowed you to work).
Can You Be Granted A Bridging Visa B To Travel?
As a BVC holder, you cannot be granted a BVB to allow you to travel. A BVB can only be granted to an applicant who is the holder of either a BVA or BVB. Therefore, you cannot go from a bridging visa C to B.
If you depart Australia on a BVC, you will not be able to re-enter Australia on your BVC and will need to apply for and be granted another substantive visa to allow you to return (if you are eligible). If you find yourself in this situation, that is, you cannot go from a bridging visa C to B and you have an urgent need to travel, you should contact your Immigration case officer to discuss your situation.
Subclass 050 Bridging Visa E (BVE) Bridging (General)
A BVE may be granted to an applicant who does not hold a valid visa (and therefore is an unlawful non-citizen) or holds a BVE or Subclass 041 Bridging (Non-applicant). A BVE may be granted to allow the applicant to:
- Make arrangements to leave Australia;
- Await the outcome of a substantive visa application;
- Await the outcome of an application for judicial review for a refused substantive visa application;
- Apply for, or await an outcome from, an AAT review of a decision to cancel their visa;
- Await the outcome of an AAT or judicial review of a Citizenship decision; or
- Await the outcome of a Ministerial Review decision.
What Is The Cost To Apply For A Bridging Visa E?
There is no cost to apply for a BVE. The BVE must be applied for and granted in Australia. If you depart Australia as the holder of a BVE, it will cease, and you will be unable to re-enter Australia on the BVE. In this circumstance, you would be required to apply for and be granted a substantive visa to allow you to return to Australia (if you are eligible).
Subclass 060 Bridging Visa F (BVF)
The purpose of the bridging visa F is to provide lawful status to non-citizens who are in Australia and are suspected victims of human trafficking, or immediate family members of suspected victims (these applicants may also be outside Australia). An officer of the Australian Federal Police, or of a police force of a State or Territory, must also have notified Immigration, in writing, that suitable arrangements have been made for the care, safety and welfare of the applicant for the proposed period of the bridging visa F.
A bridging visa F which is granted to a non-citizen who is outside Australia allows the holder to travel to and enter Australia on one occasion until a specified date. This differs to other bridging visas (with the exception of a bridging visa B) in that the bridging visa F allows the holder to travel to and enter Australia.
To be granted a bridging visa F, you must have been identified by Australian Federal or state/territory police as being a suspected victim of human trafficking, slavery or slavery like practices. Immediate family members in Australia may also be granted a bridging visa F.
There is no cost to apply for a bridging visa F.
Subclass 070 Bridging Visa R (BVR) Bridging (Removal Pending)
The bridging visa R enables non-citizens who are in immigration detention to be released, where their removal from Australia is pending, and who have been cooperating with efforts to remove them from Australia, but whose removal is currently not reasonably practicable.
An application for a bridging visa R cannot be made but rather, detainees have their circumstances reviewed on an ongoing basis and if it is considered appropriate, their case is referred for departmental assessment and possible referral to the Minister, in which case the department may recommend the use of the bridging visa R as an alternative to ongoing detention.
A bridging visa R allows the holder to remain in Australia only; it does have a travel component.
The bridging visa R ceases upon the Minister providing written notice that they are satisfied that the holder’s removal from Australia is reasonably practicable, or
the holder has breached a condition to which the bridging visa R is subject.
There is no cost to apply for a bridging visa R.
Get More Information About The Bridging Visa
To learn more about bridging visas and how they operate more generally (which is also relevant to partner visa applicants), please refer to the following articles that we have prepared to assist you further:
Bridging Visa For Partner Visa
Speak To A Migration Professional
Bridging visas are a complex area of the law. We therefore recommend that you seek further information and advice on your visa status and how the bridging visa will apply to you, based on your personal situation.
Why Choose PAX Migration Australia?
The team of professionals at PAX Migration Australia have the knowledge, skills and qualifications to advise you on your visa options, formulate a visa pathway to help you to achieve your migration goals in Australia, and will explain exactly how a bridging visa will apply in your circuumstances.
To learn more about why you should consider speaking with PAX Migration Australia, reviews and testimonials from our clients about what they think about us, and why obtaining professional assistance and advice from a migration agent can be beneficial in achieving a positive outcome on your migration matter, please refer to the following articles:
Selecting a migration agent in Australia
Should I use a migration agent or immigration lawyer for my application?
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Contact us to book a no-obligation consultation to find out more about bridging visas, specifically how it applies to your personal situation, including if you lodge a review application with the AAT (how an AAT bridging visa will apply to you) , if you seek to travel and re-enter Australia and so need to apply for a bridging visa B, or for any other advice on bridging visas, or visas more generally, book your confidential consultation with PAX Migration Australia today.
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In conclusion, we note that the above discussion provides an overview of how bridging visas operate, including the most commonly used bridging visas and the circumstances when each would apply.
Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice if you are interested in applying for a visa, and how a bridging visa may apply in your circumstances, as being fully informed will give you the best chance of achieving a successful outcome on your case. A migration professional can help you to do this. Also be aware that several terms are defined in the migration provisions. It is vital to have a good understanding of these terms and how they apply in practice. Detailed advice about these is beyond the scope of this article and we would therefore recommend that you seek further information in this regard.
For up to date advice on applying for a visa, including how it would interplay with a bridging visa in your personal situation, contact PAX Migration Australia, a leading immigration service providing advice on a range of visas. Contact us for a no obligation discussion on how we may be able to assist you in achieving your migration goals in Australia.
Sources/Links
Administrative Appeals Tribunal
Administrative Appeals Tribunal – Information about decisions
