COVID-19 CAUTIONARY TALE – THE UNECESSARY FUTURE PROBLEMS CAUSED BY A BRIDGING VISA E
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.
It has come to our attention that many of our international friends have chosen the cheaper Bridging Visa E option during these troubling COVID-19 times to keep themselves lawful in Australia. Although saving some money might seem like the right choice, we wish to inform you of the implications this can have on future visa applications.
The Bridging Visa E (BVE) allows you to stay lawful in Australia while making arrangements to depart or waiting for a decision on an application. There is no application fee for the BVE. Thus, applying for this visa may seem a better idea than spending $365 or $1065 on an Onshore Tourist Visa 600 application. However a Bridging Visa E has consequences you need to be aware of.
If you leave Australia after having held a BVE or having been unlawfully in Australia for 28 days or more, this will enliven Public Interest Criteria (PIC) 4014. Most visas to Australia cannot be granted unless you satisfy this 4014 criteria. Criteria 4014 can be met if you can demonstrate compelling and compassionate reasons for why you were unlawful / left Australia as a holder of a bridging visa E. These reasons will be closely examined during future visa applications.
Whilst it is very possible that the current COVID-19 situation may constitute a compelling and compassionate reason, hurdles applicants will have to overcome to have an Australian Visa granted in the future will be significantly greater than usual. Assessments for 4014 compelling and compassionate reasons can lead to visa refusals and or longer than normal processing times.
If you are in a situation where you must apply for a new visa and you are truly unable to pay the Department fees e.g. for a tourist visa 600, you may wish to consider your suitability for a Subclass 408 Temporary Activity Visa (Australian Government Endorsed Events – COVID-19 Stream). People applying for this visa due to COVID-19 have zero application fee. Please note however your personal circumstances may not be suitable for the grant of this visa so lodging this visa may result in having your visa refused. Note that e.g. if you have your 408 refused, leave Australia when it’s safe and want to return to Australia in the future, having a refused visa like this on your records will not have a negative impact on future Australian visa applications (as long as all information you submit to the Department is truthful). So, it is the case that a refused visa could be LESS trouble for your future than a Bridging Visa E.
This information is general in nature and does not take into consideration your personal circumstances and must not be taken as migration advice. We encourage you to seek assistance from migration agents registered with OMARA (mara.gov.au). Note that all registered migration agents are bound to the MARA Code of Conduct https://www.mara.gov.au/media/152338/consumer_guide_english.pdf
If you have friends or family that may benefit from this information please share this with them. If you have any questions about your long term visa future in Australia we would be happy to hear from you, by submitting an enquiry on our website https://condormigration.com/contact-us/
Wishing you strength during these troubling times.