Strict New Bridging Visa Rules for Protection Visa (Subclass 866) Applicants
The Australian Government registered the Migration Amendment (2026 Measures No. 1) Regulations 2026 on 31 October 2026 (Saturday). The legislative update commenced immediately on 1 November 2026 (Sunday), with no prior notice. These amendments introduce strict new upfront fees for Administrative Review Tribunal (ART) review, travel bans and behavioural conditions for Protection Visa (Subclass 866) applicants, significantly altering bridging visa entitlements. Here is a breakdown of the two major bridging visa changes and how they may impact your case.
Ban on Bridging B Visas (BVB) for Protection (SC866) Applicants
Protection (Class XA) (SC866) visa applicants can no longer make a valid application for, or be granted, a Bridging Visa B (BVB) (Subclass 020). A BVB is the specific bridging visa that allows individuals to leave Australia temporarily and return without losing their lawful status. Under the new rules:
You cannot obtain a BVB if you have an undecided Protection (SC866) Visa application.
You cannot obtain a BVB if your Protection Visa is currently under merits review at the ART or undergoing judicial review in the Federal Court.
This travel restriction applies even if you have another substantive visa application under consideration alongside your SC866 Visa.
The ban also extends to family unit members (MoFU) included in a combined Protection (SC866) Visa application.
If a SC866 Visa applicant departs Australia, they will not be able to re-enter the country on a bridging visa. Leaving Australia effectively means abandoning your onshore protection claims and losing your right to return.
Restoration of Bridging E Visa (BVE) Conditions
The amendments also restore the Minister's personal discretion to impose strict behavioural conditions on certain Bridging E Visas (BVE) (Subclass 050). Previous regulations in 2024 unintentionally removed this discretion, and this update corrects that oversight. The Minister can now impose the following conditions on specific BVE grants:
Condition 8564: The visa holder must not engage in criminal conduct.
Condition 8566: The visa holder must sign and comply with a Code of Behaviour.
These behavioural conditions are not applied to every BVE, but the Minister now has the authority to impose them on:
BVEs granted personally by the Minister under section 195A of the Migration Act 1958.
Subsequent BVEs granted to individuals who already hold a BVE, particularly when the Minister is satisfied the person has a compelling need to work.
BVEs granted to certain Protection (SC866) visa applicants who are not in a class of persons specifically exempted by the Minister.
Related: How do I Get Work Permission?
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
Why Protection Visa (Subclass 866) is Not as Simple as You Think
Last Chance to Act: How to Protect Your Visa Before Refusal or Cancellation
Save the Stress: Why You Need a Professional for Your Australian Visa
How Can Agape Henry Crux Help
Agape Henry Crux is led by two of our Accredited Specialists in Immigration Law, Jason Ling and Angela De Silva. They have experience with highly complex matters and can guide you on the best next steps to achieve your visa goals. Speak with Jason or Angela for a tailored visa strategy session today. At Agape Henry Crux, our team of immigration lawyers work together with our Accredited Specialists in Immigration Law, who specialise in handling highly complex matters. You can book a consultation with one of our lawyers for professional advice by calling 02-8310 5230 or emailing info@ahclawyers.com.
We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.
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.
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