Why an EOI Does Not Equal a Bridging Visa: A Crucial Warning for Visa Applicants
In the journey of Australian migration, there is a common and risky misunderstanding where one may believe that lodging an Expression of Interest (EOI) for the General Skilled Migration (GSM) program or the National Innovation (Subclass 858) Visa (NIV) counts as a visa application. Every year, many applicants overstay their visas and become unlawful non-citizens because they believe their EOI gives them the right to remain in Australia, and that is simply not true.
What is an Expression of Interest (EOI)?
An Expression of Interest (EOI) is not a visa application. It is an online form where you tell the government about your skills, qualifications and more. Think of an EOI as a "hand-raising" exercise, and you are telling the government, "I would like to apply for a visa if you invite me." Because it is only a declaration of interest, it has no legal power to change your current visa status.
What is a Bridging Visa?
A Bridging Visa, such as a Bridging Visa A (BVA) (Subclass 010) or Bridging Visa B (BVB) (Subclass 020), is a temporary visa that allows you to stay in Australia lawfully while you wait for a decision on a substantive visa application. You can only get a Bridging Visa if you have lodged a valid application for a substantive visa, like a Subclass 190, 189, or 858, while you are physically in Australia.
Related: Don’t Lose Your Points! The Importance of Updating Your EOI
Why the EOI Does Not Give You a Bridging Visa
Because the EOI is not a visa application, the Department’s computer system does not trigger a Bridging Visa when you submit on SkillSelect for GSM or on the Department of Home Affairs (DoHA)’s website for NIV.
If your current substantive visa expires while you have an EOI in the system, but you have not yet received an Invitation to Apply (ITA) and lodged a formal visa application, you will become an unlawful non-citizen, which may lead to consequences, such as:
Receiving a three-year re-entry ban.
Having your future visa applications refused.
What is The Correct Timeline for Skilled Migration/NIV?
To stay lawful in Australia, you must follow this specific order:
You must hold a valid substantive visa while your EOI sits in the pool.
You must remain lawful while waiting for the government to invite you.
Once invited, you lodge your formal visa application.
Only after the visa application is lodged will the Department issue a Bridging Visa to keep you lawfully in Australia until the decision is made.
What Should You Do if Your Current Visa is Expiring?
If you have an EOI in the system but your current visa is about to expire, you cannot wait for an invitation. You must:
Apply for a different substantive visa to "bridge the gap" and stay lawful; or
Leave Australia before your visa expires and wait for your invitation while offshore.
An EOI is a request for an invitation; a visa application is a formal legal process. Only the visa application can provide you with the security of a Bridging Visa. Never let your current visa expire just because you have an EOI pending in the system.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
How Agape Henry Crux Can Assist Your Visa
Don't risk your future in Australia by assuming you are safe. If your visa is expiring and you are waiting for an invitation, speak with one of our immigration lawyers to help find a visa pathway to stay. The team works closely with two of our Accredited Specialists in Immigration Law, Jason Ling and Angela De Silva, and they specialise in handling highly complex matters. You can schedule an appointment with us to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English and Mandarin. We can also help you arrange an interpreter if this isn't your language.
Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.
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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