Can a Bridging Visa be Cancelled?

Holding a Bridging Visa (not a substantive visa) generally means you are lawfully in Australia while your immigration status is being resolved. However, it is a common misconception that once you have a Bridging Visa, you are safe from a visa cancellation. While a bridging visa itself allows you to stay, the substantive visa you are waiting for can still be refused, and in some circumstances, your bridging visa itself can cease or be cancelled.

Understanding the Common Bridging Visas

Bridging Visa A (BVA) (Subclass 010) is granted when you apply for a new substantive visa while holding a valid substantive visa.
Bridging Visa B (BVB) (Subclass 020) allows you to travel outside of Australia for a period while your substantive visa application is being assessed.
Bridging Visa C (BVC) (Subclass 030) is for individuals who lodge specific substantive visa applications while not holding a substantive visa.
Bridging Visa E (BVE) (Subclass 050 and 051) is for applicants who are unlawful or have pending applications, especially when waiting to depart or resolve their immigration status.

What are the Differences between a Substantive Visa vS. Bridging Visa?

Understanding the differences between a substantive visa and a bridging visa can help you better understand your circumstances. The main difference between the substantive visa you applied for (e.g., Partner Visa, Skilled Visa, Student Visa) and the Bridging Visa you currently hold.

Suppose that if the substantive visa application you are waiting for is refused, your bridging visa will typically cease a short period after the refusal decision, typically 35 days from the date of refusal.
If you fail the character test due to criminal conduct or are deemed a risk to the Australian community, and more. Your bridging visa can be cancelled under Section 501 of the Migration Act. If your visa was cancelled, speak with Accredited Specialist in Immigration Law - Jason Ling for professional guidance.
While Section 116 typically applies to substantive visas, a bridging visa can be cancelled under Section 116 if there are compelling reasons related to national security or public health. Similarly, suppose your visa is discovered to have been issued based on false or misleading information. In that case, it may trigger a cancellation under Section 116, which is a Public Interest Criteria (PIC) 4020 for visa refusal.
If the primary purpose for which the bridging visa was granted no longer exists, such as withdrawing your substantive visa application.

What are the Consequences of Bridging visa Cancellation?

If your bridging visa is cancelled:

You will immediately become an unlawful non-citizen.
As an unlawful non-citizen, you may be detained and removed from Australia.
A cancellation can trigger visa and re-entry bans, such as PIC 4013/4014, making it difficult to obtain future visas.
Additionally, a cancellation can impose the Section 48 Bar, limiting your ability to apply for most visas in Australia.

What Should You Do Next?

Consult an experienced immigration lawyer, even better with an Accredited Specialist in Immigration Law, especially if you have received a Notice of Intention to Consider Cancellation (NOICC) to respond within the specific timeframe.
You may have the right to appeal with the Administrative Review Tribunal (ART) of the visa decision within a specific timeframe of the visa cancellation.
If you attempt to hide information or be less than fully honest, it will almost always be more detrimental to your visa application than to disclose it and address it upfront.

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

How Can Agape Henry Crux Help You?

If you don’t know where to start, we recommend starting with speaking with one of our Accredited Specialists in Immigration Law - Jason Ling or Angela De Silva at Agape Henry Crux. Both Angela and Jason specialise in handling highly complex matters and can provide their expertise on your specific possible NOICC visa matter. You can book a Migration Planning Session with our team by calling 02-8310-5230 or emailing us to schedule a time at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. If these aren’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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Overcoming NOICC and Visa Cancellation