Bridging Visa

A

What is a Bridging Visa A (BVA)?

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.