I hold a BVE/BVC - Can I Travel Overseas?

If you are currently residing in Australia holding a Bridging Visa C (BVC) (Subclass 030) or a Bridging Visa E (BVE) (Subclass 050), and you question on whether if you can travel overseas and return home. While it is technically possible to depart Australia on these visas, the consequences on returning to Australia can be significant. 

 

Understanding BVC and BVE Limitations 

Both BVC and BVE are temporary visas designed to allow individuals to remain lawfully in Australia while they finalise any pending immigration matters. They are not intended for international travel and a key point to remember is that these visas generally do not permit re-entry to Australia once an individual leaves. 

 

Why Can’t I Return on a BVC or BVE? 

BVC and BVE do not include a travel facility. This means that if you are a BVC/BVE visa holder, and leave Australia, the bridging visas will cease automatically, and you cannot return to Australia on the same visa. 

Keep in mind that if you left Australia as an unlawful non-citizen, or while holding a Bridging Visa C, D or E, may subject you to Public Interest Criterion (PIC) 4014. This criterion can impose a 3-year ban on most visas being granted which may lead you being subjected to a re-entry ban, starting from your departure date. 

What Are Some Potential Re-entry Ban Scenarios? 

  • If you must travel while holding a BVC or BVE, you must understand that you will likely need to apply for a new visa from outside of Australia. This new application will be subject to standard eligibility requirements and including potentially the PIC4014 re-entry ban.  

  • You might apply for a new visa and seek a waiver of the PIC4014 re-entry ban. This typically requires demonstrating compelling or compassionate circumstances. 

 

Related: Which Australian Visas Subclasses Are Affected by PIC 4013 and PIC 4014?

What To Do If You Absolutely Must Travel? 

  • Seek professional advice from an immigration lawyer before departing Australia. They can assess your situation and advice on potential risks and future visa options to meet your objective. 

  • Be aware that you may face a 3-year re-entry ban

  • If you plan to apply for a new visa offshore, ensure to gather and compile any relevant supporting documents for your visa application. 

 

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling

 

Related:

How Can Agape Henry Crux Help

While leaving Australia on a BVC or BVE is technically possible, however it is not suggested, especially if your goal is to remain in Australia. Yet if you do have an urgent matter that requires you to leave, be aware of these risks and the potential consequences of PIC4014. Consult an experienced immigration lawyer at Agape Henry Crux to guide you through the application process tailored to your circumstances. Our team of immigration lawyers work closely with 2 of our Accredited Specialists in Immigration Law, specialising in highly complex matters. You can schedule an appointment to seek professional legal advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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