All You Need to Know About Australia’s Bridging Visa Types
Bridging visas are one of the most supporting visa in Australia’s immigration system, providing temporary lawful status to individuals transitioning between visas or awaiting visa decisions. These visas offer necessary support to those facing uncertain times, allowing them to remain in Australia legally and avoid the need to return to their home country or face deportation. This legal status is invaluable, as it ensures that individuals can stay in Australia while their visa applications are processed or other immigration matters are resolved. There are several types of bridging visas, each designed to cater to different circumstances and needs. This guide details the various types of bridging visas available, their eligibility criteria, application processes, and the rights and restrictions they entail. Bridging visas ensure legal status within Australia during these periods, offering necessary protection and flexibility to applicants. By understanding the different bridging visas and their specific purposes, applicants can navigate their immigration journey more effectively and with greater peace of mind. These visas are a lifeline for many, providing stability and the opportunity to continue their lives in Australia while awaiting critical immigration decisions.
Bridging visas are commonly used when individuals are transitioning between different types of visas. For example, someone applying for a partner visa might need a bridging visa to stay in Australia while their application is processed. Similarly, a student transitioning to a work visa may require a bridging visa.
Another scenario involves those seeking asylum or refugee status. These individuals often need bridging visas while their claims are being assessed. Bridging visas also apply to people who overstay their visas but wish to regularize their status. They allow these individuals to remain in Australia legally while resolving their situation.
Types of Bridging Visas
Bridging Visa A (BVA)
- Bridging Visa A (BVA) (or) Subclass 010 Bridging visa A allows individuals to stay in Australia lawfully while their new visa application is processed. It is typically granted to those who apply for a new visa before their current substantive visa expires.
- Eligibility: To be eligible for BVA, applicants must be holding a substantive visa and have a pending visa application which can be granted in Australia.
- Application Process: Applicants can apply for a BVA when lodging their new visa application. For most visas, same visa application works as an application for bridging visa as well.
- Rights and Restrictions: BVA generally does not allow travel outside Australia. If the holder leaves, another visa may be needed to return. Work rights on a BVA depend on the conditions of the previous visa or demonstrating financial hardship.
Bridging Visa B (BVB)
- Bridging Visa B (BVB) or Subclass 020 Bridging visa B allows individuals to leave and return to Australia while their substantive visa application is processed.
- Eligibility: To be eligible for BVB, applicants must already hold a BVA and have compelling reasons to travel.
- Application Process: A BVB must be applied for separately, with an explanation of the need to travel.
- Rights and Restrictions: BVB permits travel outside Australia and return within a specified period. Work rights are usually the same as for BVA.
Bridging Visa C (BVC)
- Bridging Visa C (BVC) or Subclass 030 Bridging visa C permits individuals without a valid visa to stay in Australia while their new visa application is processed.
- Eligibility: BVC is for those who apply for a visa while unlawfully in Australia.
- Application Process: Applicants can apply for a BVC when lodging their new visa application.
- Rights and Restrictions: BVC holders typically cannot travel outside Australia. Work rights are not granted unless financial hardship can be proven.
Bridging Visa D (BVD)
- Bridging Visa D (BVD) or Subclass 040/041 is short-term, granted to individuals unlawfully present in Australia but who cannot apply for a substantive visa immediately. It provides time to resolve their situation.
- Eligibility: BVD is for individuals unlawfully present in Australia but unable to apply for a visa due to certain constraints.
- Application Process: The application process involves detailed documentation and sometimes an interview or additional checks.
- Rights and Restrictions: BVD holders have no work rights given the temporary nature of this visa and limited study rights.
Bridging Visa E (BVE)
- Bridging Visa E (BVE) or Subclass 050 and 051 allows individuals to stay in Australia lawfully while they make arrangements to leave, finalize their immigration matter, or wait for an immigration decision.
- Eligibility: BVE is for those who are unlawfully in Australia or need to resolve their immigration status.
- Application Process: A BVE application must be submitted with reasons for needing it.
- Rights and Restrictions: BVE holders usually cannot travel outside Australia. Work rights may be granted if financial hardship is demonstrated or specific criteria are met.
Bridging Visa F (BVF)
- Bridging Visa F (BVF) or Subclass 060 is for individuals who are suspected victims of trafficking, offering legal status and support during investigations.
- Eligibility: The individual must be identified as a suspected victim of human trafficking.
- Application Process: The process involves cooperation with law enforcement and immigration authorities.
- Rights and Restrictions: BVF provides limited work and study rights depending on individual circumstances.
Rights and Restrictions of Bridging Visa Holders
Work Rights: Work rights vary by visa type and individual circumstances. BVA and BVB holders can work if their previous visa allowed it or if financial hardship can be demonstrated. BVC and BVE holders generally need to prove financial hardship to obtain work rights.
Study Rights: Bridging visa holders can study, but conditions may apply depending on the visa type.
Travel Rights: Travel rights are mostly restricted. BVA and BVC holders cannot travel outside Australia without obtaining another visa. BVB holders can travel and return within the specified period. BVE holders generally cannot travel.
Access to Services: Many bridging visa holders may be eligible for Medicare, but this depends on specific visa conditions and eligibility criteria.
Key Facts to Know About Bridging Visas
Compliance with visa conditions is important. Failure to adhere to these conditions can result in visa cancellation and other penalties. Bridging visa holders must stay informed about their rights and obligations. Legal advice may be necessary to navigate complex situations.
Employers must be cautious when hiring individuals on bridging visas. They need to verify the visa status and work rights of the employee. The Visa Entitlement Verification Online (VEVO) system allows employers to check these details. Employees on bridging visas must adhere to the conditions of their visa, including work restrictions.
It’s important for both employers and employees to understand and follow these rules.Employers must not offer work to visa holders beyond what their visa permits. Employees should be transparent about their visa status and any conditions attached.
Issues can arise, such as delays in visa processing or changes in personal circumstances. It is essential to address these proactively. Keeping thorough records and maintaining communication with immigration authorities can help mitigate potential problems.
Consulting a registered MARA agent can be helpful for individuals aiming to obtain a bridging visa.These professionals are well-versed in the intricate details of immigration law and procedures. They can provide tailored advice and support throughout the visa application process. A MARA agent can help ensure compliance with visa conditions, address any issues that arise, and improve the chances of a successful visa outcome.
