Bridging visas are a cornerstone of Australia’s immigration system. They allow non-citizens to remain lawfully in Australia while they await the outcome of another immigration process or while they prepare to depart.
By the end of this article, you will understand:
- The different types of bridging visas and their purposes
- When and how to apply for a bridging visa
- What conditions may apply (including work rights)
- When a bridging visa comes into effect and when it ceases
What is a Bridging Visa?
A bridging visa is a temporary visa granted to non-citizens so they can lawfully remain in Australia while:
- A substantive visa application is being processed
- A merits or judicial review is underway
- They make arrangements to leave Australia
Types of Bridging Visas
Bridging Visa A (BVA)
- Lets applicants remain lawfully in Australia while their substantive visa, AAT review, or judicial review is pending.
- Does not allow travel outside Australia.
Bridging Visa B (BVB)
- Similar to the BVA but allows travel in and out of Australia.
- Applicants must demonstrate substantial reasons for leaving and returning.
Bridging Visa C (BVC)
- For applicants who do not currently hold a substantive visa but have lodged a valid application for another substantive visa or review.
- Does not permit travel outside Australia.
Bridging Visa D (BVD)
- Short-term visa (up to 5 working days).
- For individuals who are unlawful or about to become unlawful and either:
- Attempted but could not lodge a substantive visa application, or
- Do not wish to apply for one and need lawful status until interviewed by an officer.
Bridging Visa E (BVE)
- Allows unlawful non-citizens to stay lawfully in Australia while:
- Arranging departure,
- Pursuing review or ministerial intervention, or
- Addressing complex circumstances (e.g., judicial review, ministerial discretion, or detention release).
Bridging Visa F (BVF)
- Granted to suspected victims of human trafficking, slavery, or slavery-like practices.
- Allows them to stay in or return to Australia for up to 45 days.
Bridging Visa R (BVR)
- An alternative to immigration detention.
- Allows a non-citizen to be released from detention while pending removal.
Work Rights on Bridging Visas
Work rights vary depending on the type of bridging visa and the applicant’s circumstances. Generally:
- BVA, BVB, BVC, BVE, BVF – May have work rights (depending on conditions).
- BVD – No work rights.
- BVR – Limited to release conditions.
Applicants with compelling need (e.g., financial hardship) may apply to have work restrictions lifted. Always check Schedule 2 of the Migration Regulations for conditions.
When Does a Bridging Visa Come Into Effect?
A bridging visa usually comes into effect when the person’s current substantive visa expires.
Important points:
- If another substantive visa is granted, the bridging visa remains “on hold” but can reactivate later.
- If the holder departs Australia without a valid travel facility (e.g., without a BVB), the bridging visa will usually cease.
Key Issues & Case Studies
- Travel while on a BVA: Holders cannot leave and re-enter Australia. If urgent travel is required, they must apply for a BVB before departure.
- Multiple applications: Withdrawing one visa application can affect associated bridging visas.
- Detention cases: Individuals in detention may apply for a BVE within strict timeframes under s195 and s75 of the Migration Act.
Bridging Visas & PIC 4014
Be cautious: certain bridging visa holders who leave Australia may trigger a 3-year re-entry ban under Public Interest Criterion (PIC) 4014, unless compelling or compassionate grounds apply.
Bridging visas are not just administrative stop-gaps, they are critical tools that determine whether a person can remain lawfully in Australia, work, or even travel. Each subclass serves a different purpose, and knowing how and when to apply is essential for both applicants and their advisors.
At Australian Migration Law, our experienced immigration lawyers can advise you on bridging visas, work rights, travel permissions, and complex situations involving detention or ministerial intervention.
Contact us today for tailored advice about your circumstances.
Disclaimer
The content of this article is for information purposes only. Whilst every effort has been made to ensure the accuracy of the materials contained here and incorporated by reference, this article is not intended to constitute legal or immigration advice or assistance.
No person should act on the basis of the material contained in this presentation without obtaining advice relevant to their own circumstances and without considering and taking professional advice as may be necessary.
For tailored advice and comprehensive assistance with your migration matter, contact our experienced Australian immigration lawyers today. You can reach us by email at admin@australianmigrationlaw.com.au or phone +61 407 662 682 to obtain further guidance.