Understanding the conditions of your bridging visas

What is a Bridging Visa?

Bridging Visa as the name suggest aims to act as a “bridge” between the last substantive Australian visa held and the subsequent visa application which is yet to be finally determined by the Department of Immigration or the Administrative Appeals Tribunal. Different type of Bridging Visa can be granted depending on applicant’s circumstances at the time they lodge an application for a substantive visa.

Bridging Visa as the name suggest aims to act as a “bridge” between the last substantive Australian visa held and the subsequent visa application which is yet to be finally determined by the Department of Immigration or the Administrative Appeals Tribunal. Different type of Bridging Visa can be granted depending on applicant’s circumstances at the time they lodge an application for a substantive visa.

 
The most common bridging visas are listed below:
 
Bridging A (BVA) - Subclass 010
This visa can be granted to a non-citizen who holds/held a substantive visa and/or holds a BVA or BVB and who has applied for either:
  • a further substantive visa that has not been finally determined (includes any merits review); or
  • judicial review of a decision to refuse to grant that substantive visa
 
Bridging B (BVB) - Subclass 020
The BVB (Class WB - subclass 020 (Bridging B) visa can be granted to a non-citizen who holds BVA or BVB and who has substantial reasons for leaving and re-entering Australia during either:
  • the processing of their associated substantive visa application (including any merits review); or
  • judicial review of a decision to refuse to grant that substantive visa
 
Bridging C (BVC) - Subclass 030
The BVC (Class WC - subclass 030 (Bridging C) visa) can be granted to a non-citizen who does not hold a substantive visa nor a BVE and has not held a BVE since they last held a substantive visa. The non-citizen must have applied for either:
  • a substantive visa and that application has not been finally determined; or
  • judicial review of a decision to refuse to grant that substantive visa
 
Bridging D (BVD) - Subclass 040/041 - Bridging (Prospective Applicant) and Subclass 041 - Bridging (Non-applicant)
The BVD (Class WD - subclass 040 (Prospective Applicant) visa) can be granted to:
  • an unlawful non-citizen who is not in immigration detention or criminal detention; or
  • a non-citizen who holds a visa that will cease within the next 3 working days; and
  • the non-citizen has unsuccessfully attempted to make a valid application for a substantive visa but would be able to do so within 5 working days. A BVD (040) cannot be granted to a person who has previously been granted two BVD (040) visas since they last held a substantive visa
 
The BVD (Class WD - subclass 041 (Non-applicant) visa) can be granted to an unlawful non-citizen who is not in immigration detention or criminal detention and is either unable or does not want to apply for a substantive visa and an authorised officer is not available to interview them.
 
Bridging E (BVE) - Subclass 050 - Bridging (General) and Subclass 051 - Bridging (Protection Visa Applicant)
The BVE (Class WE - subclass 050 (General) visa) can be granted to an unlawful non-citizen or holder of either a BVE or BVD (041) who
  • is making arrangements to depart Australia; or
  • has made, or will soon make, a valid application for a substantive visa; or
  • has applied for judicial review in relation to a migration decision and proceedings have not been completed; or
  • has applied, or will soon apply, for revocation or review of a cancellation decision; or
  • has applied for a declaration that the Act does not apply to them or a determination under s48B of the Migration Act; or
  • has applied for ministerial intervention under s345, s351, s391, s417 or s454; or
  • has served a sentence of periodic detention or imprisonment; or
  • has applied for judicial or merits review of a decision under the Australian Citizenship Act 2007; or
  • is a person in relation to whom the Minister has decided to substitute a more favourable decision for the decision of the AAT but the person cannot, for the time being, be granted that visa.
 
The BVE (Class WE - subclass 051 (Protection Visa Applicant) visa)can be granted to a non-citizen who has applied for a protection visa and that application has not been finally determined or is the subject of judicial review and the non-citizen.

Bridging F (BVF) - Subclass 060
The BVF (Class WF - subclass 060 (Bridging F) visa) can be granted to a non-citizen who has been identified by Australian Federal or State/Territory police as being a suspected victim of human trafficking. The non-citizen:
  • does not hold a visa and has not held a BVF;  or
  • does not hold a visa and has held a BVF; or
  • holds a BVF; or
  • has been invited to make an application under regulation 2.20B(2) and suitable arrangements have been made for their care in Australia.
 
Bridging R (BVR) - Subclass 070
The BVR (Class WR - subclass 070 (Removal Pending) visa) can be granted to persons in immigration detention when removal from Australia is not reasonably practicable and
  • any visa applications have been finally determined and
  • the person has been invited to apply for the BVR in accordance with regulation 2.20A(2) (usually done through a process of ministerial intervention under s195A).
 
Source: http://migrationalliance.com.au/immigration-daily-news/entry/2017-09-crash-course-on-bridging-visas.html
 

Contact us

Address: 17A/7 Aberdeen St,  Perth Western Australia 6000
Phone: +61 8 9325 6262
Mobile: 0428 377 080 (A/H)
Email: info@acmmigration.com

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