What is a Bridging visa?
A bridging visa provides lawful status to a person in Australia who would otherwise be an unlawful non-citizen.
It is helpful to think of a bridging visa as a means of bridging the gap between a non-citizen’s immigration status now and their future immigration status, for example, moving from a temporary visa to a permanent visa, or from being an unlawful non-citizen to being granted a substantive visa.
Scenarios when a bridging visa might be relevant:
- you have applied for a visa but your current visa expires before the new visa is granted;
- your visa has expired and you wish to apply for another visa;
- you do not hold a visa and you are planning to leave Australia. You may be concerned about being detained and questioned by Immigration officers at the airport and wish to regularise their status before departure;
- your visa was cancelled and you wish to apply for review of that decision
There are seven classes of bridging visas – A, B, C, D, E, F and R. See below.
The most advantageous bridging visas are listed first (i.e. bridging visa A and B). As you move down the list they each becomes less advantageous.
If eligible, you may be able to move down the list (Example A to C) but you will not be able to move back up the list (Example C to A). For example, someone who holds a Bridging visa E would not be eligible for a Bridging visa A or B.
The most common scenarios in which a bridging visa may be granted are as follows:
- When a person in Australia applies for a substantive visa that can be granted while in Australia;
- When an unlawful non-citizen is making arrangements to depart Australia voluntarily;
- When a person is pursuing merits or judicial review of a visa refusal or a visa cancellation;
- When a person seeks to depart and re-enter Australia while waiting a decision on a substantive visa application
BVA
- To be eligible, you must have made, whilst present in Australia and holding a substantive visa, a valid application for another substantive visa that can be granted while you are onshore.
- The BVA is applied for at the same time as an application for the substantive visa (using the same form) and is generally granted very soon after an application is lodged
- The BVA comes into effect when the substantive visa you hold ceases, and will allow you to remain in Australia on the BVA until the new application is decided
- It is possible to hold a BVA and a substantive visa at the same time – the substantive visa and conditions will always take precedence to that of the BVA
- The BVA only assists you to remain in Australia. If you leave the BVA will automatically cease and you will not be permitted to re-enter Australia.
In summary, a BVA is granted in association with the lodgement of a valid application for an onshore substantive visa while the person holds a substantive visa.
BVB
A Bridging visa B allows the holder to leave and re-enter Australia pending the determination of their substantive visa (including merits review and judicial review). This is the only type of visa that allows the holder to return to Australia from overseas.
- There must be substantial reason or travel (Clause 020.211). According to Department policy this must be ‘important and significant’.
Once you have returned to Australia, the BVB will continue to be in effect until an event occurs (for example a substantive visa is granted). If you wish to travel again and the travel authority on the BVB has ceased, you will need to re-apply for another BVB (travel authority).
BVC
You may be eligible for a Bridging visa C if you make an application for an onshore substantive visa, but at the time of application, you are not the holder of a substantive visa (i.e. you conceivably hold another bridging visa or you are an unlawful non-citizen).
BVD
You may be eligible for a Bridging visa D if:
- You are unlawful, or will become unlawful within 3 days; and
- You have attempted to make a valid application in Australia for a substantive visa that can be granted while in Australia, but
- You are unable to do so; and
- You will make a valid application for a substantive visa in the next 5 working day s
BVE
The Bridging visa E (also referred to as the Bridging – General), is one of the most common types of bridging visas.
You may be eligible for a Bridging visa E if you:
- are making arrangements to leave Australia; or
- are for a visa that can be granted in Australia and that application is being considered by the Department or the AAT;
- have applied for (or soon to apply for), merits review of a decision to cancel or refusal a visa;
- are involved in court proceedings in specific ways;
- have requested Ministerial discretion for the first time or the Minister is personally considering a further request for intervention;
- are in prison serving a sentence or on remand because of a criminal charge/conviction and have been given some form of conditional release;
- are a family member of someone whose visa has been cancelled and an application for revocation or review of the decision has been made;
- are a family member who made a combined application with someone involved in court proceedings;
Conditions that may be imposed on a Bridging visa E
- No work rights in general (some circumstances may get work rights);
- A security bond may be required;
- May not study;
- May not study for more than 3 months;
- Report to Home Affairs at specific times;
- Live at the same address or notify the Department of change 2 days in advance;
- Produce passport at a specific time;
- Produce evidence of arrangements to depart Australia;
- Leave Australia by a specified date