Everything You Need to Know About The Bridging Visa A (BVA – Subclass 010)
This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.
WHAT IS IT?
This visa let you stay in the country after your current substantive visa has expired and you are waiting for you new substantive visa application to be processed.
This visa can be granted even if you hold a current substantive visa when you lodge an application for a new substantive visa.
This visa does not allow you to return to Australia if you leave.
For a full list of Bridging Visa types, click here.
HOW TO APPLY?
A BVA can be applied for in two ways:
- Automatically
You will have applied for a BVA automatically if you fulfil all the following:
- you validly applied for certain substantive visas;
- you are in Australia;
- the substantive visa can be granted to you while you are here
- when you lodged application for a new substantive visa, you already held a current substantive visa
Note the requirements of a valid application differ between visa classes. Some bridging visas are issued almost instantly, and others can take days or weeks. This must be factored for when making your migration plan.
- Separately
You can apply separately for a BVA if:
- you have applied for a substantive visa; AND
- either:
- your current BVA or BVB does not allow you to work in Australia, or imposes work restrictions, but you believe you have a compelling need to work (such as financial hardship); OR
- you apply for judicial review after a merits review tribunal upholds the refusal of your substantive visa application (to enable you to maintain your lawful status in Australia for the duration of the proceedings)
KEY POINTS TO CONSIDER
When it starts
Your BVA only starts once your substantive visa expires. So, while the visa may already have been granted, this is different to when it starts.
For example, even though the BVA was granted while the first substantive visa was in effect, it only starts later – after the substantive visa has expired. This also an impact on the conditions that apply (see below).
Conditions
If your BVA is granted while you still hold a current substantive visa, the conditions of the latter continue to apply – so be sure that you are still complying with them during that time. It is only once your substantive visa ends that the conditions of the BVA will apply – because this is when your BVA actually starts.
Typically, the same conditions that are on your current visa move to the next visa.
Some of the exceptions to this are:
- if you are applying for permanent residency visa sponsorship;
- you are applying for a partner visa; or
- if you have been unlawful in Australia
New Time Limits
Once the bridging visa comes into effect, it is treated as a brand-new visa. This means e.g. that if your visa has a 6-month work limitation, a new 6-month period starts upon effect of your BVA.
Leaving the Country
The BVA does not let you return to Australia if you leave. This is why it is key to apply for the right bridging visa and keep your migration agent informed of your plans- if you need to travel, the BVB allows you to leave the country while on your bridging visa.