Bridging Visas for Protection (SC866) Visa Applicants: Rights, Conditions, and Risks

The processing time for a protection visa (Subclass 866) in Australia can be long, taking many months or even years. To ensure you can stay in Australia legally while the Department of Home Affairs (DoHA) assesses your claim, you will usually be granted a bridging visa. However, not all bridging visas are the same. Your rights, such as the right to work, depend on your immigration status at the time you applied.

Which Bridging Visa will You Get?

The type of bridging visa you receive depends on whether you were lawful (held a valid visa) or unlawful (visa has expired) when you lodged your protection application.

Bridging Visa A (BVA) (Subclass 010) is usually granted if you held a valid substantive visa when you applied for SC866. This is the best type of bridging visa because it often comes with work rights.
Bridging Visa C (BVC) (Subclass 030) is granted if you were already an unlawful non-citizen when you applied for SC866. A BVC generally does not allow you to travel outside of Australia and does not come with automatic work rights.
Bridging Visa E (BVE) (Subclass 050) is used if your visa has expired and you are regularising your status, or if you have received a refusal and are preparing to leave or appeal. A BVE is the most restrictive type.

Work Rights and Financial Hardship

One of the biggest concerns for protection applicants is the ability to support themselves.

If your bridging visa has the condition 8101, it means you have No Work rights.
If you are on a BVC or BVE with no work rights, you may be able to apply to have the condition removed. To do this, you must prove to DoHA that you are in financial hardship and cannot afford basic living costs while waiting for your visa decision.
It is highly recommended that you seek professional assistance to apply for the work rights attached to your bridging visa.

Am I Eligible for Medicare?

Most people who have applied for an SC866 visa in Australia are eligible for Medicare. This allows you to access essential healthcare services while your case is pending. You will need a copy of your visa acknowledgement letter to enrol.

Is it Risky to travel holding a Bridging Visa?

If you hold a BVA, you cannot simply leave Australia and come back. If you leave Australia on a BVA, your visa will cease, and you may be barred from returning. You must apply for and be granted a Bridging Visa B (BVB) (Subclass 020) before you leave if you intend to return to Australia.

For SC866 visa applicants, travelling is risky for your case. If you travel back to the country you are seeking protection from, DoHA will likely conclude that your fear of persecution is not genuine, leading to a visa refusal or cancellation.

When does the Bridging Visa End?

Your bridging visa is tied to your SC866 visa application. So, your bridging visa will generally cease:

If your SC866 visa is granted, it is replaced by your new SC866 visa.
If your SC866 is refused or withdrawn, your bridging visa will typically end 35 calendar days after the refusal decision or the date you withdraw your application.

Keep in mind that if:

You work without work rights; your bridging visa can be cancelled, and you are at risk of detention or removal.
You may lose your right to re-enter Australia if you leave without a BVB.
If you do not appeal a refusal or cancellation within the strict time limits, your bridging visa will end, making you an unlawful non-citizen. Read: I Missed the 28 Day Window to Appeal My Visa – What are My Options?

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

How Can Agape Henry Crux Help

Bridging visa rules for protection applicants are technical and vary based on your personal history. Speak with one of our Accredited Specialists in Immigration Law, Jason Ling and Angela De Silva. The team specialises 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 and the 2027 edition of The Best Law Firms™ - Australia.

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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