Substantive visa
Statutory definition
Section 5(1) of the Migration Act 1958 (Cth) defines substantive visa as a visa other than a bridging visa, a criminal justice visa, or an enforcement visa.
Explanation
The term substantive visa is used throughout the Act and Regulations to distinguish visas that confer a genuine immigration status from bridging, criminal justice, and enforcement visas, which serve temporary procedural or detention-related purposes.
Examples of substantive visas include all skilled, family, student, visitor, and protection visas. A bridging visa is explicitly excluded.
The distinction is relevant in several contexts, for example: the requirement to hold a substantive visa before applying for another substantive visa onshore; limitations on applying for protection visas; and certain sponsorship obligations that arise only in relation to holders of substantive visas.
How this term is used
When a person's substantive visa expires or is cancelled and they are granted a bridging visa, they have transitioned from holding a substantive visa to holding a non-substantive visa. Their rights and conditions change accordingly.