A key component of Australia’s immigration system are the Bridging visas. These Bridging visas are essential for individuals who need to reside in the country while their substantive visa application is being processed or are awaiting an immigration decision. However, understanding how long a Bridging visa is valid can be complex due to the various types available and their specific conditions.
There are several types of Bridging visas available and each type has different conditions and durations.
At Australian Migration Lawyers, we are experienced in assisting clients navigate Australia’s Bridging visa system, so for readers that require tailored advice or have specific questions, contact us today.
Bridging visas available
Applicants must first be familiar with the general duration of each Bridging visa.
1. Bridging visa A (BVA) (Subclass 010)
A Bridging Visa A (BVA) is automatically granted when a person who holds a substantive visa lodges a valid application for a new substantive visa. The BVA does not come into effect until the current substantive visa expires, allowing the applicant to remain in Australia lawfully while their new application is processed.
A Bridging visa A (BVA) in Australia ends immediately if you leave the country, are granted the substantive visa or another Bridging visa (e.g., a BVB), or if your BVA or current substantive visa is cancelled. In other cases, it ceases when your current application for a substantive visa application is refused, a review or judicial decision is made, you withdraw your application or review, or a tribunal finds it lacks jurisdiction.
Furthermore, a BVA will cease 35 calendar days after a decision to refuse your current substantive visa application or a related decision by the Administrative Review Tribunal (ART). Similarly, it will expire if your substantive visa application or ART review application is deemed invalid, or if you withdraw either of these applications. In cases involving judicial review, the BVA will end 28 calendar days after a judicial body upholds the refusal of your substantive visa application or if you withdraw your judicial review application.
2. Bridging visa B (BVB) (Subclass 020)
A Bridging visa B (BVB) in Australia will cease when certain events occur, including a refusal of your substantive visa application, a decision on your merits or judicial review, or if you withdraw your application for the substantive visa or any related reviews. A Bridging visa B (BVB) will also cease if your current visa expires, if you are granted the associated substantive visa, or if your same substantive visa application is refused or withdrawn. It will also cease if a merits review tribunal declares it lacks jurisdiction, or if either the previous visa or the BVB is cancelled.
The BVB has similar time-limited validity as the BVA and is often granted with a specified travel period, allowing visa holders to travel and return to Australia under certain visa conditions.
3. Bridging visa C (BVC) (Subclass 030)
The Bridging visa C will cease if any of the events outlined above BVB for visa termination occur.
4. Bridging visa D (BVD) (Subclass040/ 041)
A BVD (Subclass 040/041) is valid for five working days from the time the visa is granted. If you have a BVD (Subclass 041) and are granted a (BVE) Subclass 050 visa, your BVD will end on the date the Subclass 050 visa is granted.
5. Bridging visa E (BVE) (Subclass 050/051)
A Bridging visa E (BVE) is valid until a specified date, for a set period, or until a particular event occurs. The BVE will cease if you leave Australia, are granted a substantive visa, or if the visa is cancelled.
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Bridging visa timelines while working
Bridging visa A (BVA) (Subclass 010):
If granted permission to work on a BVA, There’s no fixed end date for work rights; they remain valid as long as the BVA is valid and until a decision is made on your substantive visa application.
Bridging visa B (BVB) (Subclass 020):
Work rights are tied to the validity of the BVB, which is usually granted for the duration of the BVA and additional time for travel.
Bridging visa C (BVC) (Subclass 030):
If work rights are granted, they remain valid for the duration of the BVC. The visa itself is valid until the person's immigration status is resolved, so work rights continue for this period unless otherwise restricted.
Bridging Visa D (BVD) (Subclass 040/041):
If permission is granted, work rights are valid for the duration of the BVD. This visa is valid until the applicant’s immigration status is resolved or they leave Australia.
Bridging visa E (BVE) (Subclass 050/051)
Both subclasses of BVE do not have the work rights by default. The applicant needs to request them from the Department of Home Affairs. The Department sets a fixed expiry date for the requested work rights or it is set by a decision following an appeal.
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Book a Consultation
If you are interested in getting more information about a visa, get in touch with Australian Migration Lawyers for a consultation.
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Bridging visa timelines while traveling and visiting family
1. Bridging visa A (BVA) (Subclass 010)
- Travel Restrictions: A Bridging visa A (BVA) does not automatically allow international travel. If the applicant needs to leave Australia, they must apply for a Bridging visa B (BVB) to ensure you can re-enter Australia.
2. Bridging visa B (BVB) (Subclass 020)
- Travel Rights: A Bridging visa B (BVB) is designed for travel purposes. It allows the applicant to leave Australia and return while the applicant Bridging visa A (BVA) remains in effect.
- Application Timing: The applicant should apply for the BVB before they plan to leave Australia. Applications for the BVB vary but generally take one to two weeks. As with the BVA, applying early is recommended to account for potential delays in processing
- Travel Validity: The BVB will specify the dates the applicant is allowed to travel. It generally covers an average of three months maximum for travel purposes. The applicant will need to return to Australia before it expires.
3. Bridging visa C (BVC) (Subclass 030)
- Travel Restrictions: A Bridging visa C (BVC) also does not generally allow for international travel. If the applicant needs to travel outside Australia, they will need to apply for a Bridging visa B.
4. Bridging visa D (BVD) (Subclass 041)
- Travel Restrictions: A Bridging visa D (BVD) also does not allow for international travel. If the applicant needs to travel outside Australia, they will need to apply for a Bridging visa B.
5. Bridging visa E (BVE) (Subclass 050/051)
- Travel Restrictions: Neither subclass of BVE allows the applicant the right to travel. It ends when the applicant leaves Australia. This means they will have to apply for a substantive visa or have applied for a BVB in order to travel.
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What happens if my Bridging visa expires and I have overstayed
If your visa has expired and you are currently overstaying, here are the steps they should consider:
- Seek Legal Advice: Consult with a migration agent or immigration lawyer like Australian Migration Lawyers immediately. We can provide our clients with guidance on their specific situation and help them understand your options for resolving your status.
- Contact the Department of Home Affairs: Notify the Department of Home Affairs of your situation as they may provide advice on the next steps and how to address your overstaying status.
- Apply for a Bridging visa E (BVE) (Subclass 050): If you are an unlawful non-citizen, you may be eligible to apply for a Bridging visa E (BVE) to resolve your immigration status. This visa allows you to remain lawfully in Australia while your immigration matter is decided, such as applying for a new visa or making arrangements to leave the country.
- Prepare for Possible Deportation: If you are found to be an unlawful non-citizen and are not granted a Bridging visa E, you may be deported. Make sure you have a plan in place for dealing with this.
- Resolve Your Immigration Status: Work on resolving your immigration status as quickly as possible. This might involve applying for a new substantive visa, appealing a visa refusal, or making arrangements to depart Australia voluntarily.
How to get advice on Bridging visas
You can check the type, validity, and conditions of your current bridging visa at any time using VEVO (Visa Entitlement Verification Online). VEVO will show your current visa type, expiry date, and permitted conditions including work rights. If your conditions do not include work rights but you need to work, you may be able to apply to the Department of Home Affairs to have the conditions of your existing BVA amended.
For prospective applicants looking to get the best advice on how to apply for and make the most of the right Bridging visa, Australian Migration Lawyers can provide you with the guidance you need. When you arrange a consultation with us, we can assess your situation, determine the most appropriate Bridging visas for your purposes and manage the application process with the Department of Home Affairs, reducing the stress and anxiety you may face in association with your circumstances.
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