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Bridging Visa
This is a temporary visa issued under different circumstances that allows applicants to stay lawfully inside Australia while their immigration status is being cleared.
There are seven different types of bridging visas issued depending upon the situation of the applicant. These classes are as follows,
- Bridging A (BVA) - Subclass 010
- Bridging C (BVC) - Subclass 030
- Bridging D (BVD) - Subclass 040 - Bridging (Prospective Applicant) and Subclass 041 - Bridging (Non-applicant)
- Bridging E (BVE) - Subclass 050 - Bridging (General) and Subclass 051 - Bridging (Protection Visa Applicant)
- Bridging F (BVF) - Subclass 060 - Bridging F
- Bridging R (BVR) - Subclass 070 - Bridging (Removal Pending)
This is a visa to remain in Australia and does not allow the holder to travel to and enter Australia. The exceptions are:
- A BVB allows the holder to travel to and enter Australia during a specified period (the travel facility period) or until the BVB ceases to be in effect.
- A BVF granted to a non-citizen who is outside Australia allows the holder to travel to and enter Australia on one occasion until a specified date.
A brief explanation of each category is as follows,
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
This visa allows the individual to stay and work (depending upon the conditions) till the substantive visa application is finally determined, or if granted in association with judicial proceedings, until those proceedings are complete.
Bridging B (BVB) - Subclass 020
This 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
The BVB travel facility may be granted with single or multiple travel and will be valid for use until a specified date. If the travel facility has ended or does not have sufficient validity remaining to cover your proposed journey, then you will need to apply for and be granted a new BVB prior to leaving Australia.
This visa allows the visa holder to,
- Stay lawfully in Australia until the substantive visa application is finally determined, or if granted in association with judicial proceedings, until those proceedings are complete.
- Leave and return to Australia within the defined travel period while your application for a substantive visa is being processed
Bridging C (BVC) - Subclass 030
This 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.
This visa allows the applicant to stay lawfully in Australia until their substantive visa application is finally determined, or it granted in association with judicial proceedings, until those proceedings are complete.
It will end immediately if the following situations occur:
- You leave Australia while your BVC is in effect
- You are granted the substantive visa you applied for
- You are granted another bridging visa in relation to the same substantive visa application that this BVC is associated with, or
- Cancelation of either your BVC or the substantive visa that you held when you were granted the BVC
Bridging D (BVD) - Subclass 040
BVD- Subclass 040 - (Prospective Applicant) can be granted to:
- 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. 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 - 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 authorized officer is not available to interview them.
Bridging E (BVE) - Subclass 050
This 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 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:
- was refused or bypassed immigration clearance and
- came to the department’s attention within 45 days of arrival
And either:
- is under 18 and certain child welfare authorities have certified that release from immigration detention is in their best interests or
- is 75 or older and adequate arrangements have been made for community support or
- has a specialised need for treatment that cannot be met in immigration detention and adequate arrangements have been made for their support or
- is the spouse, or family unit member of a spouse, of an Australian citizen, permanent resident or eligible New Zealand citizen
And has signed an undertaking that they will depart, or be removed from, Australia if they withdraw their application or if it is finally determined and refused.
Bridging F (BVF) - Subclass 060
This 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
This 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).
“We build too many walls and not enough bridges.”