Bridging visas — types and conditions
Overview
A bridging visa is an Australian visa that allows a person to remain lawfully in Australia while they are waiting for a decision on a substantive visa application, during review proceedings, or in certain other circumstances. There are five bridging visa types (A through E), each applicable to different circumstances. Bridging visas are generally temporary and will cease on a specified event — such as the grant or final refusal of the substantive visa application.
Bridging visas are a critical part of Australian immigration law. They prevent persons who have a pending substantive application from becoming unlawful non-citizens (and therefore liable to mandatory detention) while their case is being determined. In some circumstances, particularly where a person has been in the bridging visa system for years, the bridging visa becomes their main status in Australia.
Legal basis
- Section 72 — the general bridging visa provision; a bridging visa is a visa of a class specified in the regulations
- Section 82 — when a bridging visa ceases: generally when the substantive visa is granted, or when the person leaves Australia (unless travel authority is held), or when the substantive application is finally determined
- Migration Regulations 1994 — Schedule 2, Parts 010–050 — the criteria for each bridging visa subclass
How it works
Bridging Visa A (BVA — Subclass 010)
A BVA is granted automatically (by operation of law) when a person who holds a substantive visa makes a valid application for another substantive visa. The BVA comes into effect if the current visa ceases before the new application is decided. A BVA generally does not include permission to travel — if the holder leaves Australia, it ceases.
Bridging Visa B (BVB — Subclass 020)
A BVB is applied for where a BVA holder needs to travel outside Australia and return. The BVB includes a travel authorisation for a specified period. When the holder returns, they revert to BVA-equivalent status.
Bridging Visa C (BVC — Subclass 030)
A BVC is granted to a person who is an unlawful non-citizen (not the holder of a substantive visa) and who makes a valid application for a substantive visa. The BVC does not confer permission to work unless the Department grants a specific work authorisation.
Bridging Visa D (BVD — Subclass 040/041)
A BVD is a short-term bridging visa granted when a person needs more time to make a valid visa application. It is a temporary measure while the person gathers required documentation.
Bridging Visa E (BVE — Subclass 050/051)
A BVE is the "safety net" bridging visa, granted in a range of circumstances including to persons who are in Australia unlawfully and who are taking steps to regularise their status, or who are pending removal. BVEs are also granted following the High Court's decision in NZYQ to persons who were previously in indefinite mandatory detention. BVEs may or may not include work rights depending on the circumstances.
Work rights on bridging visas
Whether a bridging visa includes permission to work depends on the visa subclass and the conditions attached:
- BVA holders generally have work rights matching the substantive visa they held
- BVC holders generally do not have work rights unless specifically granted
- BVE holders' work rights vary case by case
When bridging visas cease
Under s 82, a bridging visa generally ceases when:
- The substantive visa application to which it relates is finally determined (granted or finally refused after all reviews)
- The holder is granted another visa
- The holder leaves Australia (unless the bridging visa includes travel authority)
- The bridging visa is cancelled