What is a bridging visa? Australia bridging visas are temporary visa that allows a party to continue living in Australia lawfully while their current substantive visa expires, and while their new substantive visa is being processed. A substantive visa is one that is not a criminal justice visa, enforcement, or bridging visa.
For example the subclass 485 temporary graduate visa, the subclass 190 permanent resident visa, the subclass 820 partner visa or the subclass 500 student visa are all examples of a substantive visa.
When you ask the question ’what is a bridging visa’ it is also important for you to understand that in Australia, there are six bridging visa types. The question of ‘what is a bridging visa’ is essential to consider under immigration law. As Australia has such a diverse community, a significant proportion of its population consists of migrants from other countries.
Therefore, at some point or the other, they must possess a bridging visa when transitioning from one substantive visa to the other. In this article we answer the question of ‘what is a bridging visa’ by outlining the various types of bridging visas that are there in Australia.
You must find out which valid visa applies to you depending on your individual circumstance and type of visa application.
What is a Bridge Visa Australia: Types
What is a bridging visa and how many types are there? As mentioned above, there are six types of Australian bridging visas available. In this section, we will explore all these types of bridging visa. Depending on the type of visa, certain travel and work conditions may differ. We will explore this in detail.
Bridging Visa A (Subclass 010)
What is bridging visa A? The subclass 010 Bridging Visa A is applicable when a party makes an application for a visa while they are in Australia. This type of visa helps the applicant stay in Australia while they are waiting for the Department of Home Affairs (DHA) to assess their other visa.
The DHA generally grants a BVA automatically. This means that you don’t need to make a separate application to obtain a BVA. If you’re currently on a substantive visa, your BVA becomes active the moment the current visa i.e. current substantive visa ceases. In other words, the activation date of BVA is the same as visa expiry date of current substantive visa.
Furthermore, the BVA remains active until you receive a decision on the visa application that you made. Given below is a list of circumstances in which a person may be eligible to receive the Subclass 010 visa:
- They must hold a substantive visa, and make an application for another substantive visa, while being in Australia.
- There is no necessity for them to leave Australia, i.e., the visa they applied for can be granted in Australia
- Wherein they received a visa refusal and they have made an appeal within the statutory time limits.
Bridging Visa B (Subclass 020)
What is a bridging visa B? This is quite similar to the BVA, but a holder of a BVB is allowed to travel to and fro from Australia while they are waiting for DHA to make their application decision. This visa comes with a specified travel period and travel authority.
This usually lasts for 3 months. This means that you must aim to travel outside, and be back in Australia within those 3 months. While BVA is automatically granted, you have to apply for new bridging visa B.
Bridging Visa C (Subclass 030)
The BVC is applicable when a person lodges an application for a substantive visa while being unlawful in Australia.
Unlike a BVB, a BVC does not allow the visa holders to travel outside Australia. Moreover, the BVC also does not have work rights attached to it. But, if they wish to work while on this, they can get one without work prohibitions.
However, they must demonstrate that they have a valid reason to work in order to obtain a BVC without any work restrictions.
Bridging Visa D (Subclass 040 and 041) and Bridging Visa E (Subclass 050 and 051)
Bridging Visa D is given to those who attempted to make an application for a substantive visa but the application was invalid. The DHA grants this visa for a short period of time. This period is sufficient for a person to make another application for a substantive visa. This visa does not come with any travel or working permits.
What is bridging visa E? Under this, there is a subclass 050 and subclass 051, both are type E bridging visas. This is applicable when people don’t have an immigration clearance from the DHA. This happens when you have applied for a protection visa and the Department has not made a decision about the visa.
For obtaining the subclass 050 visa, applicants must demonstrate that they are unlawful non-citizen who must be making arrangements to depart Australia, or to apply for a substantive visa.
The 051 visa is applicable for people who wish to stay in Australia lawfully while their Protection visas are being processed. For the 051 visa, all of the following eligibility criteria will be applicable:
- Can be of any age to apply,
- Must have applied for a protection visa,
- Must be in immigration detention,
- Meet specific requirements related to age, health or nomination requirements
- You and all family members who are part of the application must meet all health requirements
- Must meet character requirements.
Importance of Seeking Advice from Immigration Lawyers
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We have a team of experienced, professional and compassionate solicitors who understand just how difficult immigration matters can be. Our lawyers can help you navigate these complexities by providing market-leading legal advice to help you with your matter.
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