Australian Immigration Daily News

With COVID-19 pandemic still sweeping much for the world, options for individuals to remain in Australia became more limited (yes, even more limited than they were prior to the pandemic).

With 90 visa subclasses to choose from, one would think that there is a solution to every scenario.  The reality however is quite contrary.  Take example of a student visa applicant, if they want to lodge another student visa in Australia and this is their second onshore application, they will be faced with an additional levy known as STAC or Secondary Temporary Application Charge.  Using the same example, an individual wanting to apply for a student visa whilst holding a Bridging Visa, cannot do so whilst in Australia unless they meet Schedule III criteria (in simple words, they are not a holder of a substantive visa and therefore they cannot lodge another student visa in Australia unless compelling or compassionate grounds exist).

We then move on the secondary issue which are the conditions that many temporary visa holders will have attached to their visa.  This means that there are certain things that they can and cannot do as a holder of that visa.

Now here comes the star of the subject – Bridging Visa E (BVE).

To understand the concept, we must go back the very beginning, the inception of BVE.

A bridging visa enables a person who is not a citizen of Australia and who does not hold any other visa to remain lawfully in Australia and, in the case of certain bridging visas (Bridging Visa Bs), to depart from and return to Australia. The potential consequence of being an “unlawful non-citizen” is that a person with this status is subject to mandatory detention under section 189 of the Act, as well as possible deportation. 

There are two separate types of BVEs: Subclass 050 Bridging (General) and Subclass 051 Bridging (Protection Visa Applicant).

What Is a Subclass 050 BVE?

The function that a Subclass 050 BVE provides is to enable unlawful non-citizens to remain in Australia for a temporary period and for a specific purpose – that is to depart Australia or to lodge another application whilst in Australia (note these are limited to very few applications such as a partner or certain protection visas).  For example, you cannot lodge a student visa as a holder of a BVE.

To be granted a BVE, the applicant must demonstrate to the satisfaction of the Department that she/he is making, or is the subject of, acceptable arrangement to depart from Australia; or

The applicant is awaiting final determination concerning a substantive visa application of a kind that can be granted while the applicant is in Australia or can demonstrate to the satisfaction of the Department that she/he will apply for such a substantive visa within a time period allowed by the Department;

The applicant or the Minister has sought judicial review concerning a decision to refuse the grant of a substantive visa and the judicial review proceedings have not yet been completed;

The applicant or the Minister has applied for judicial review of a decision in relation to a substantive visa other than a decision to refuse to grant a visa (for example a decision not to waive Condition 8503, a determination that a substantive visa application is invalid, a decision by the AAT that it does not have jurisdiction, or a decision to cancel a substantive visa.

In light of the above just how beneficial is BVE?  Below are some of the most common questions which may help us to answer this question

 Can I cancel my current visa and apply for a BVE?

Generally, an individual can only request to have their visa cancelled if they are off shore.  The Department of Home Affairs will not be able to cancel a visa if this would in turn render a person an unlawful non citizen, that is a person without a valid visa.  Also it is not possible to apply for a BVE as a holder of a visa therefore the reverse approach will not work either

 Can I get work rights on a BVE?

In very limited circumstances where there are compelling or compassionate grounds.  Generally, the Department of Home Affairs will be reluctant to grant someone work rights on a BVE as the intention of the BVE is to either Department Australia or apply for another visa.  It is not designed for work purposes.

 How long can I stay in Australia on a BVE?

BVE grant letter will specify how long you are able to remain in Australia.  It is also possible renew a BVE.  The Department will need to be satisfied that another BVE is necessary.  For example, if you are awaiting an outcome of another application being appealed.

 Will holding a BVE impact my immigration history?

Yes.  You will need to declare on subsequent visa application forms whether you have held a Bridging Visa E.

 I no longer want to study, or conduct an activity which I am subject to due to my visa conditions, is BVE an option

If your intentions change, the best advice is to change your visa accordingly.  For example, a student who no longer wishes to study may be eligible for another visa depending on their circumstances.

 I am not eligible for any other visa, can I apply for a BVE to remain in Australia?

Whilst the answer is Yes, it is not advisable to do so.  BVE provides limited options in terms of remaining in Australia and carries no work rights.  Further, prolonged period of stay in a BVE in Australia may result in being subject to an exclusion period.