Bridging visas are temporary visas that you lawfully in Australia while a substantive visa is being processed, reviewed or in some cases while you are seeking merits review or judicial review. Selecting and managing the correct bridging visa is critical to maintaining lawful status and accessing work and travel rights.
In this guide, we provide a general clarification on different common bridging visa subclasses with their characteristics and condition of grant. Please note this newsletter focuses on BVA, BVB, and BVC only. There are other bridging visas available in Australia for different circumstances.
Bridging Visa A (BVA)
The purpose if a BVA is to provide lawful status in Australia to a non citizen either:
- During the processing of their substantive visa application until it is finally determined, including any merits review by the ART, or
- During any judicial review proceedings relating to their substantive visa application until the proceedings are completed.
A BVA is granted when a person lodges a valid onshore application while still holding a substantive visa. It keeps the applicant lawful from the moment their previous substantive visa ends through to the decision on the new application i.e. a visa grant or refusal, or during merits review. It generally takes effect only when your current substantive visa expires.
Substantive visa is defined in s 5(1) of Migration Act excludes any visa that is a bridging visa, criminal justice visa, or an enforcement visa.
What to know
- Travel: No travel facility. The BVA allows the holder to remain lawfully in Australia, but it does not allow the holder to re-enter Australia if they leave. A BVA ceases if you depart Australia which can prevent your return while your substantive application is pending. If you need to travel, consider applying for a BVB before leaving.
- Work rights: Depend on the conditions attached to the BVA. If work is restricted, an application to vary conditions may be possible by demonstrating financial hardship.
Example use case:
Student visa holder lodges a Temporary Graduate visa onshore before current visa expiry; receives a BVA to remain lawful after the student visa expires.
Bridging Visa B (BVB)
The purpose of a BVB is to allow a non citizen who:
- has substantial reasons for leaving and re-entering Australia; and
- has a substantive visa application that is not finally determined or judicial review proceedings in relation to a substantive visa application that are not completed
to travel to and re-enter Australia either for the visa period or an earlier specified period (the travel facility period). The BVB also permits the person to remain lawfully in Australia until a cessation event occurs in respect of the BVB.
It is only available to onshore applicants who already hold a BVA or BVB and have a pending substantive visa application, merits review, or judicial review. It grants limited travel rights for a defined period (the travel facility period).
What to know
- Eligibility and purpose: It is only available to onshore applicants who already hold a BVA or BVB and have a pending substantive visa application, merits review, or judicial review. A BVB cannot be extended or obtained offshore.
- Work rights: Generally the BVB mirrors the work conditions of the holder’s current bridging visa (often a BVA). Check your grant notice.
- Travel: Provides limited travel rights for a defined period (the travel facility period). Re-entry must occur before the travel facility expires.
- Timing: Apply well before travel. Processing can vary, and urgent travel is not guaranteed.
- Evidence: Provide clear reasons for travel, itinerary, and supporting documents.
Common pitfalls
- Returning after the travel facility expires – your BVB will not permit re-entry after the travel facility expires.
- Assuming a BVB is automatic – it is a separate application with a separate fee.
Bridging Visa C (BVC)
The purpose of a BVC is to provide lawful status in Australia to a non citizen either:
- during the processing of their associated substantive visa application until it is finally determined, including any merits review by the AAT, or
- during any judicial review proceedings (including proceedings on appeal, if any) relating to their associated substantive visa application until the proceedings are completed.
Specifically, a BVC is for applicants who lodge a valid onshore substantive visa application but do not hold a substantive visa at the time of application. It often arises where a prior substantive visa has ceased, or a bridging visa A is held at the time of application.
What to know
- Work rights: Generally granted with no work rights initially (there are some exceptions to this rule). A separate application to vary conditions may be possible on financial hardship grounds or where policy allows.
- Travel: No travel facility. A BVC holder cannot obtain a BVB. If you depart Australia, your BVC will cease and re-entry may not be possible while your application is pending.
Avoid These Mistakes
- Departing Australia without a BVB when travel is required.
- Assuming all bridging visas allow work or travel – conditions vary.
- Lodging a substantive application after your visa has expired without confirming how this affects your bridging status.
- Ignoring condition breaches – these can adversely affect current and future visas.
How Migration Affairs Can Assist
- Eligibility and strategy: Determining the correct bridging pathway aligned to your substantive application, review rights, and timelines.
- Work rights: Preparing and lodging condition variation applications supported by persuasive evidence.
- Travel planning: Assessing suitability and timing for BVB applications, and drafting submissions to minimise refusal risk.
- Risk management: Addressing status gaps, compliance issues, and complex histories to preserve lawful status.
If you are currently on, or expect to move onto, a bridging visa and have questions about work or travel rights, timelines, or compliance, contact Migration Affairs for tailored assistance.
📧 info@migrationaffairs.com.au
🌐 migrationaffairs.com.au/contact
📞 +61 2 8226 8777
Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.
Contact Migrations Affairs to speak with our immigration experts for tailored advice on the circumstances and eligibility.
