What is a Bridging Visa A?
A bridging visa is a temporary visa granted if an application is lodged in Australia for a new substantive visa while holding a current substantive visa. It allows a person to remain lawfully in Australia after their current substantive visa ends and while their new substantive visa application is being processed. A substantive visa is any visa which is not a bridging visa or a criminal justice visa or an enforcement visa.
It does not let permit re-entry back to Australia after a person departs. It allows a person to remain lawfully in Australia until a decision is made on their substantive visa application. Generally, it inherits the visa conditions applicable to the last substantive visa.
When to Apply a Bridging Visa A?
A bridging visa A can be applied for, if:
a person were granted a Bridging visa A or a Bridging visa B (BVB) but has ended and they meet the requirements for another Bridging visa A.
current BVA or BVB either does not allow work in Australia, or there are work restrictions, but there are compelling need to work (eg. financial hardship).
a judicial review application was made after a merits review tribunal to uphold a decision to refuse visa
What Conditions Do Bridging Visa A Contain?
There is no discretion what conditions to impose on the grant of bridging visa A. Unless it is for an application for bridging visa A where there is a compelling need to work.
Visa conditions generally inherit the conditions of the last visa held at the time the bridging visa A was made or if no visa was held, the last bridging visa A or bridging visa B held, unless the 7 circumstances applies, for example:
where a person made an application for protection visa and was refused, and they are appealing to courts, if the last visa had 8101 condition, then the current bridging visa A will be granted with 8101 “no work” condition.
where an applicant has made an application for ENS, RSMS, GSM, then ‘nil’ conditions apply.
When will Bridging Visa A Expire?
If the BVA was granted on or after 19 November 2016
The BVA will end:
35 calendar days after:
- a decision (either by the department or the Administrative Appeals Tribunal (AAT)) in relation to the associated substantive visa application
- a determination that the application is invalid (either the substantive visa application or an application for review by the AAT)
- withdrawal of the application (either the substantive visa application or an application for review by the AAT).
28 calendar days after:
- a judicial review body upholds the decision to refuse substantive visa application,
- withdraw a related judicial review application.
If your BVA was granted before 19 November 2016
The BVA will end 28 days after the date that one of the following happens:
- the Department of Immigration notifies that substantive visa application is not valid
- the Department of Immigration notifies that substantive visa application has been refused
- the Department of Immigration notifies receive written request to withdraw substantive visa application
- a merits review tribunal notifies that it has upheld the Department of Immigration’s decision to refuse substantive visa application
- a merit review tribunal notifies you that it has no jurisdiction to consider the application for review
- a merits review tribunal or a judicial review body receives written request to withdraw application for merits or judicial review
- a judicial review body upholds the decision to refuse substantive visa application.