Australian Immigration Daily News

Bridging Visas for many remains a tricky area in the Australian immigration law for a number of reasons.  For example, an applicant may be granted a Bridging Visa, however this Bridging Visa may not come into effect until certain event/s occur.  An applicant may be granted a Bridging Visa ranging from Bridging Visa A to Bridging Visa R.  In general, the further you work down the alphabet, the less beneficial will be the Bridging Visa (with exception to Bridging Visa B) becomes in terms of ability to travel and/or work.

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.

How many Bridging Visas are there?

Common Bridging Visas that employers as well as visa applicants may be familiar with includes Bridging Visa A and Bridging Visa B.  There are however a number Bridging Visas  that are less common and that that may be granted where an applicant is unable to meet the requirements for grant of Bridging Visa which is more beneficial. 

Class WA - Bridging A (BVA) - Subclass 010 - Bridging A

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

Class WB - Bridging B (BVB) - Subclass 020 - Bridging B

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

Class WC - Bridging C (BVC) - Subclass 030 - Bridging C

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

Class WD - 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.

Class WE - 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:

• was refused or bypassed immigration clearance; and
• came to the department’s attention within 45 days of arrival and 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

Class WF - Bridging F (BVF) - Subclass 060 - Bridging F

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.

Class WR - Bridging R (BVR) - Subclass 070 - Bridging (Removal Pending)

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).

Not all visa applicants are entitled to a Bridging Visa

Bridging Visa is not granted automatically and grant of a Bridging Visa will depend on a number of circumstances including the subsequent visa subclass.  In some instances, you may not receive a Bridging Visa, for example, there is a common misconception that by submitting an Expression of Interest (EOI) for subclass 189/190 visa, will not entitle you to a Bridging Visa. 

Tips for visa applicants

If are granted a Bridging Visa, it is important to fully understand its conditions and limitations.  For example, it may not be possible for you to travel outside Australia until a decision is made on your subsequent application.  There may be work limitation and restrictions.  Certain Bridging Visas carry directions such as appearing before the Department of Immigration and departing Australia within specified period of time.  Failure to abide and understand these conditions could result in a negative outcome of subsequent visa applications to Australia or limit your ability to return to Australia in future.

Tips of employers

It is important to request and keep a copy of a Bridging Visa grant notification held by your current or incoming employee on file and conduct VEVO checks on quarterly basis.  Under Employer Sanctions Act, employers are now faced with greater liability for hiring individuals with no or limited work rights.  These liabilities include civil as well as criminal charges per offence.

Offenses include:

• allowing an unlawful non-citizen to work;
• allowing a lawful non-citizen to work in breach of a work-related condition;
• referring an unlawful non-citizen to work; and
• referring a lawful non-citizen to work in breach of a work-related condition.

Key Points:

• not all visa applicants are entitled to a Bridging Visa
• the further you work down the alphabet, the less beneficial is the Bridging Visa (with exception to B)
• work rights should be checked every three months when employing a holder of a Bridging Visa
• know and fully understand any conditions attached to a Bridging Visa 

MARN: 1171402