If you apply for another visa while you are already in Australia, your current visa does not simply end because you submitted a new application.
Depending on the visa you hold, the visa you apply for and whether the new application is valid, you may also be granted a bridging visa. A bridging visa can allow you to remain lawfully in Australia if your current substantive visa ends before a decision is made on the new application.
Generally, no.
If your current visa is still in effect, you normally remain subject to that visa and its conditions. A Bridging Visa A granted in connection with a substantive visa application can come into effect when your substantive visa ceases, rather than replacing it immediately.
This is why you can receive a Bridging Visa A grant notice while your existing visa is still active.
For example, if your current visa expires in December and you lodge an eligible onshore visa application before then, your current visa may remain in effect until it ceases. If you have been granted an associated Bridging Visa A, that visa may then come into effect while the new application is being processed.
No. The type of bridging visa you may receive depends on your visa status when you apply and the visa application you have made. Here is a simple way to understand the main differences:
Bridging Visa A (BVA): This is commonly granted when you apply for another visa in Australia while you still hold a valid visa.
Bridging Visa B (BVB): This is generally relevant if you already hold an eligible bridging visa and need to travel overseas and return to Australia while your visa application is being processed.
Bridging Visa C (BVC): This may be relevant if you apply for another visa in Australia when you no longer hold a valid visa.
The bridging visa you receive, when it starts and the conditions attached to it will depend on your individual circumstances.
Do not assume that a bridging visa automatically gives you unrestricted work rights.
Your work rights depend on the visa that is currently in effect and the conditions attached to it. In some circumstances, a person holding a Bridging Visa A, B or C can apply for another bridging visa seeking different conditions.
Check VEVO and your visa grant notice before starting or changing work.
Be careful before leaving Australia.
Home Affairs states that only a Bridging Visa B allows a person to leave and re-enter Australia while waiting for a decision on a substantive visa. If another type of bridging visa is in effect when you depart Australia, that bridging visa will cease.
A Bridging Visa B is granted with a defined travel period. If you are planning to travel, check your visa status and travel permission before you leave Australia.
Not necessarily.
Being in Australia does not automatically mean you can validly apply for every visa onshore. Your current visa conditions, previous visa refusals or cancellations and the requirements of the visa you want to apply for can all affect whether an application can be made.
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For example, a No Further Stay condition can prevent a person from applying for many temporary or permanent visas while in Australia unless an available waiver is requested and granted.
This should be checked before relying on a future bridging visa.
If you are still working out which pathway applies to you, see AustMSS information on Partner Visas, General Skilled Migration and Employer Sponsored Visas.
A refusal does not have the same consequence in every case.
What happens to your bridging visa can depend on the type of bridging visa you hold, the decision made, whether review rights are available and whether any review is lodged within the required time.
If you receive a refusal, check the decision letter and obtain advice promptly rather than assuming your bridging visa continues indefinitely.
Your current visa, the application you lodged and your immigration history can all affect when a bridging visa starts and what you can do while you wait.
Book a consultation with AustMSS, contact AustMSS, email [email protected] or call +61 3 9654 8611 for advice based on your circumstances.
General information only. This article is not a substitute for advice based on your individual circumstances.
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Melbourne VIC 3004
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Melbourne VIC 3004
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