There are a lot of bridging visa types in Australia and they also function differently depending on one’s situation. But what are bridging visas? A bridging visa is a temporary visa that allows you to stay in Australia while the DHA is processing your application. Here are a few instances where you might need a bridging visa:
- You are waiting for the DHA to process your permanent visa application.
- Your temporary visa has expired, but you are still waiting for the DHA to process your permanent visa application.
- You have received a protection visa, but you are waiting for the DHA to issue a bridging visa.
- You are an international student who has lost your student visa, but you are still enrolled in a course of study.
Do these instances seem similar to what you’re going through? Are you sure that you are applying for the right bridging visa? Then if this is the case, read on to learn more about bridging visa types.
Key Takeaways
1. Bridging visas are temporary visas that allow you to stay in Australia while you are:
- Waiting for a decision on your substantive visa application; or
- Making arrangements to leave the country.
2. There are five types of bridging visas in Australia: Bridging Visa A (BVA), Bridging Visa B (BVB), Bridging Visa C (BVC), Bridging Visa D (BVD), and Bridging Visa E (BVE).
3. Each bridging visa has its own eligibility criteria, application process, and conditions.
4. Bridging visas are an important tool in migration law matters because they are an excellent option to bridge the gap between your previous visa and your next visa.
Bridging Visa Types in Australia
There are five types of bridging visas in Australia, each with its own eligibility criteria, application process, and conditions. These Australian bridging visas are:
Bridging Visa A (BVA)
A Bridging Visa A (BVA) is one of the bridging visa types that you usually receive automatically after you apply for a substantive visa. A substantive visa is any visa which is not a bridging visa or a criminal justice visa or an enforcement visa.
However, you may need to apply separately if your circumstances change. There are some conditions that you must adhere to if you are on a BVA like:
- You can work with a BVA if the visa conditions allow it.
- If your BVA does not allow you to work, you can apply for another BVA that does.
- You will need to demonstrate that you are in financial hardship to be considered for a BVA that lets you work.
- You cannot be granted a new BVA that lets you work if your current BVA prevents or restricts you from working in Australia and you have applied for judicial review or a protection visa.
A BVA will end immediately if you:
- Leave Australia;
- Are granted the substantive visa you applied for;
- Are granted another bridging visa;
Bridging Visa B (BVB)
A Bridging Visa B (BVB) is one of the bridging visa types that:
- May be granted with single or multiple travel; and
- Will be valid for use until a specified date.
You will need to apply for and get a new BVB prior to leaving Australia under one condition. This is if the travel facility has ended or does not have sufficient validity remaining to cover your proposed journey. There are some conditions that you must adhere to if you are on a BVB like:
- You can work with a BVB if the current substantive visa you had or the valid visa you applied for lets you work.
- If both Australian visas have work restrictions, you cannot work with a BVB.
- You can apply for a BVA to change the conditions of your BVB if you are in financial hardship.
A BVB will end immediately if you:
- Leave Australia;
- Are granted the substantive visa you applied for; or
- Are granted another bridging visa
In other cases, your BVB will cease when:
- Your substantive visa application is refused;
- Your merits or judicial review is decided;
- You withdraw your application; or
- A merit review tribunal tells you that it has no jurisdiction to consider your application.
Bridging Visa Type C (BVC)
A Bridging visa C (BVC) is one of the bridging visa types that is usually granted automatically when you apply for a substantive visa. However, you may need to apply separately if your circumstances change. The initial BVC does not allow you to work unless you have applied for 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)
FAQs About Bridging Visa C
Q: What if you are a Protection visa applicant and you apply for a BVC for judicial review?
A: If this is the case, the Department of Home Affairs (DHA) can only grant you a new BVC that allows you to work. This is true if the last BVC you held allows you to work.
Q: What if you are a SkillSelect visa applicant and you are granted a BVC for judicial review?
A: If this is the case, this visa will not initially allow you to work. To be considered for a BVC that lets you work, you will need to make a further BVC application. You must also demonstrate that you are experiencing financial hardship.
Q: What if you are not a Protection or SkillSelect visa applicant and you apply for a BVC for judicial review?
A: You will only be granted a new BVC that does not allow you to work, even if your last BVC allowed you to work.
Bridging Visa Type E (BVE)
The Bridging visa type E (BVE) is one of the bridging visa types that is classified into two subclasses:
1. Subclass 050
A Bridging visa E (BVE) Subclass 050 allows you to stay in Australia if you are:
- Making arrangements to leave Australia.
- Applying for a substantive visa
- Seeking merits or judicial review of a visa decision or citizenship decision.
- Seeking ministerial intervention.
You must be an unlawful non-citizen, the holder of a BVE (subclass 050) or the holder of a Bridging D visa (BVD) (subclass 041) when you apply for this visa. The BVD is a birding visa that allows an unlawful citizen to stay for a short time, and usually without any work rights.
Furthermore, the BVE (Subclass 050) may allow you to work, but this will depend on the conditions of your visa. If you work when you are not allowed to, your BVE may be cancelled and you may be detained or removed from Australia.
There are different requirements for being allowed to work on a BVE (Subclass 050). This will depend on whether you have applied for judicial review or ministerial intervention. There are also special rules for when protection visa applicants are allowed to work.
The BVE is valid until a specified date, for a particular time period, or until a specified event happens. It will also end if you leave Australia, receive a substantive visa, or your BVE is cancelled.
2. Subclass 051
The Bridging Visa E (BVE) Subclass 051 is one of the bridging visa types that the Department grants to eligible non-citizens who:
- Are in immigration detention; and
- Have applied for a protection visa
It is also for non-citizens who have applied for judicial review of a protection visa refusal decision. To be eligible for a BVE (subclass 051), you must meet the following requirements:
- You must be in immigration detention.
- You must have applied for a protection visa and the DHA has not finally determined your application.
- You may also need to meet other specific requirements, such as age, health, or nomination.
A BVE (subclass 051) is valid until a specified date, for a particular time period, or until a specified event happens. It will also end if you leave Australia, receive a substantive visa, or the Department cancels your.
The Importance of Seeking Legal Advice
Here are some of the reasons why it is important to seek legal advice about getting a bridging visa:
- The immigration law is complex and ever-changing. It can be difficult to understand the requirements for a bridging visa and to ensure that your application is complete and compliant.
- A bridging visa allows you to stay in Australia legally, work, and access essential services.
- The stakes are high when it comes to immigration matters. A mistake in your bridging visa application could result in your current visa getting refusal or cancellation.
- An experienced immigration lawyer can help you understand your options, prepare your application, and represent you at any hearings or appeals.
If you are considering applying for a bridging visa, it is important to seek legal advice from an experienced immigration lawyer. JB Solicitors can help you understand your options and navigate the immigration process.
Contact us today to learn more about various bridging visa types.
