AUSTRALIA MIGRATION & EDUCATION AGENTS

Bridging visas are the means for providing lawful status to certain non-citizens who would otherwise be unlawful, and is probably the most important of the three non-substantive visas.

BRIDGING VISAS

Bridging visa A (BVA)

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Bridging visa B (BVB)

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Bridging visa C (BVC)

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BRIDGING VISA D (BVD) (Prospective Applicant) (subclass 040)

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BRIDGING VISA D (BVD) (Non-applicant) (subclass 041)

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Bridging visa E (BVE) Subclass 050

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Bridging visa E (BVE) Subclass 051 (Protection visa))

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Subclass 010

Bridging visa A (BVA)

 This temporary visa generally permits the applicant to stay in Australia after the current substantive visa ceases and while their new substantive visa application is being processed. 

CRITERIA, VALIDITY, CONDITIONS

The Bridging A (010) visa is for persons

  • who are in Australia but not immigration clearance, who hold a substantive visa and make a valid application for another substantive visa in Australia, or
  • who hold valid substantive visas or, having lodged an application for another substantive visa and holds a Bridging A or B visa , or
  • whose substantive visa have been cancelled, but where that cancellation has been revoked or set aside by a review authority, but a substantive visa has not yet been reinstated, and
  • who are not in immigration detention or criminal detention.

The categories of eligible applicants are those

  • who are making an application for another substantive visa that can be granted within Australia, or
  • who are members of the family unit of the main applicant and applying together for the substantive visa, or
  • who have applied, or where the Minister has applied, for judicial review (except as part of a 'class action') in relation to the person's application for the substantive visa, or
  • who hold Bridging A or B visas which do not permit them to work, but who are seeking permission to work, and have a compelling need to work, or
  • who had applied for a substantive visa which had not been finally determined, and the person had previously been granted a Bridging A or B visa, or
  • who had applied for a substantive visas which had been rejected, and the person, or the Minister, has applied for judicial review in relation to the person's application.

Visa validity

The Bridging A (010) visa

  • comes into effect upon grant, or
  • if the person holds a substantive visa, when the substantive visa expires  and
  • will allow the person to remain in Australia until
  • the grant of a substantive visa, or
  • the grant of another Bridging visa in respect of the same substantive visa application (either at the primary or review stage),  or
  • the person's substantive visa (if any) is cancelled, or

if the primary application for a substantive visa is refused,

  • 35 days after the person is notified of the decision 

if the primary application for a substantive visa is refused and the person seeks merits review,

  • 35 days after the merits review proceedings (including any further merits review as applicable) have been completed,  or

if the person is the subject of judicial review on the refusal of the substantive visa application,

  • 28 days after the judicial review proceedings (including any further judicial appeal as applicable) have been completed, or

if the person withdraws the substantive visa application, or review application in respect of it,

  • 35 days after the withdrawal, or

if the person was informed by Immigration that the primary application for the substantive visa was invalid,

  • 28 days after notification of its invalidity, or

if a review authority or a court remits the case for further consideration,

  • a date in accordance with the above provisions .

Visa conditions

For person holding substantive visa at time of applying for another substantive visa (except a protection visa),

  • then usually whatever conditions on the original substantive visa will be transferred to the Bridging A visa, e.g. if they hold a 457 visa permitting work rights, then the Bridging A visa will also allow them to work, or if they hold a visitor visa with no work rights, then the Bridging A visa will also not allow them to work

For persons who had applied for a Partner (820 and 801) visa, Aged Parent (804) visa and Contributory Aged Parent (864 or 884) visa

  • No conditions

For persons holding student visa at time of applying for an onshore GSM visa, they will be given permission to work (regardless of what conditions were on their student visa), howeve

  • If they are applying for an onshore GSM (temporary) visa, they will be additionally subject to visa condition 8501 - need to continue to maintain health insurance

For persons who applied for permission to work and the application was approved

  • permission to work

For persons who had applied for judicial review in respect of protection visa applications,

  • if they had permission to work on their previous visa, then they will continue to be permitted to work,
  • if they had the 8101 (no work) condition on their previous visa, the condition will continue to apply

If the person leaves Australia,

  • the Bridging A visa will not permit the person to return.

Subclass 020

Bridging visa B (BVB)

The applicant can leave and return to Australia during a specified travel period while the application for a substantive visa is being processed.

Eligibility

The Bridging B (020) visa is for persons

  • who are in Australia but not immigration clearance and make a valid application for another substantive visa in Australia  and
  • who has been immigration cleared and
  • whose current visa, or the last visa held, must not have been a Temporary Protection (785) visa and
  • who are not in immigration detention or criminal detention 


The Bridging B (020) visa is used primarily for persons whose visa application (either at the primary or review stages) have not been finalised, but they have a need to travel outside Australia. Those eligible to apply include those

  • who holds a Bridging A or a Bridging B visa and
  • who wishes to leave and re-enter Australia during the processing of their application for a substantive visa or for merits review, or during their judicial review proceedings, and

o their reasons for travelling are substantial, and

o their return to Australia would not be contrary to Australia's interests or

  • who are members of the family unit of the main applicant and applying together for the substantive visa,

Subclass 030

Bridging visa C (BVC)

This temporary visa generally permits the applicant to stay in Australia after their current substantive visa ceases and while the new substantive visa application is being processed.

Eligibility

The Bridging C (030) visa is for persons

  • who are in Australia but not immigration clearance, and who do not hold a substantive visa, and make an application for a substantive visa in Australia and
  • who had been immigration cleared or
  • who had bypassed immigration clearance and had not come to Immigration notice within 45 days of arrival or
  • who do not hold a substantive visa or Bridging E visa, nor had they held a Bridging E visa since they last held a substantive visa and
  • who are not in immigration detention or criminal detention, nor had they escaped from such detention 


Categories of eligible applicants for the Bridging C (030) visa include those

  • who are making an application for a substantive visa that can be granted within Australia  or
  • who have applied, or where the Minister has applied, for judicial review (except as part of a 'class action'), and had last held a Bridging C visa or
  • who are members of the family unit of the main applicant and applying together for the substantive visa or
  • who hold a Bridging C visa which does not permit them to work, but who are seeking permission to work, and have a compelling need to work.

Subclass 040

Bridging visa D (BVD) (Prospective Applicant)

This temporary visa permits an applicant to stay in Australia for a short period until they are able to make a substantive visa application or make arrangements to leave Australia.

ELIGIBILITY

The Bridging D (040) visa is for persons

  • who are in Australia but not immigration clearance and make the application in Australia but not immigration clearance  and
  • who had been immigration cleared, or who had bypassed immigration clearance and had not come to Immigration notice within 45 days of arrival and
  • who are not in immigration detention or criminal detention.


The categories of eligible applicants for the Bridging D (040) visa include those

  • who are unlawful, or whose substantive visa is due to expire within the next 3 working days and
  • who had attempted to submit a substantive visa application by methods other than by personal attendance at an office of Immigration (e.g. by mail or fax), and
  • whose application turned out to be invalid for a reason other than the person being subject to s.48 or 48A [Reg 2.22(1) and
  • the person will be able to resubmit the application validly within 5 working days and
  • who had not previously been granted more than 2 Bridging D (040) visas since the person last held a substantive visa  or
  • who are members of the family unit of the main applicant and applying together for the visa

Subclass 041

BRIDGING VISA D (BVD) (Non-applicant)

This temporary visa permits an applicant to stay in Australia for a short period until they are able to make a substantive visa application or make arrangements to leave Australia.

ELIGIBILITY

The Bridging D (041) visa is for persons

  • who are in Australia but not immigration clearance and make the application in Australia but not immigration clearance  and
  • who had been immigration cleared, or
  • who had bypassed immigration clearance and had not come to Immigration notice within 45 days of arrival  and
  • who are not in immigration detention or criminal detention 


The eligible categories of eligible applicants for the Bridging D (041) visa include those who are unlawful and

  • who are unable, or do not want, to apply for a substantive visa , and
  • no compliance officer is available to interview the person 
  • if a compliance officer is available to interview the person, then the person would have been eligible for a Bridging E (050) visa, or
  • who are members of the family unit of the main applicant and applying together for the visa.

Subclass 050

Bridging visa E (BVE)

This visa permits the applicant stay lawfully in Australia while they make arrangements to leave, finalise  immigration matter or wait for an immigration decision.

ELIGIBILITY

Additional Information

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