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.

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.

A Bridging visa is a temporary visa that lets you wait lawfully in Australia for your visa application to be decided: it acts as a bridge between your expired substantive visa and your new substantive visa while it is busy being processed.

It can also be used while you make arrangements to leave Australia.

Typically, a bridging visa will have the same conditions on it as the substantive visa you held before you got the bridging visa. There are some exceptions, for example if you are applying for a permanent employer sponsored visa, a partner visa or if you have been unlawful.

Types of Bridging Visas: An Overview

You must apply for the correct Bridging Visa depending on your needs – the types of Bridging Visas available are as follows:

• Bridging Visa A (BVA) – Subclass 010

The 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 is granted when you hold a substantive visa at the time of lodging an application for a new substantive visa while you are in Australia.

This visa does not allow you to return to Australia if you leave.

To find out information on the BVA, click here.

• Bridging Visa B (BVB) – Subclass 020

This visa lets you leave and return to the country while your application for a substantive visa is being processed.

This visa does allow you to leave Australia – as long as you return to the country within the specified travel period, you can stay in Australia while you wait for your new substantive visa to be processed.

If you are awaiting a decision on an application and hold a bridging visa A, it is quite standard procedure for a bridging visa B to be granted. Important decision factors include length of travel and status of the decision you are awaiting. Only bridging visa A holders can apply for the bridging visa B.

For more information on the BVB, click here.

• Bridging Visa C (BVC) – Subclass 030

This visa lets you stay in the country while the application for your new substantive visa is be being processed.

This can be granted if you have a history of unlawfulness or if you apply for a substantive visa when you are holding a bridging visa. This bridging visa has no travel facility. You can leave Australia, but it will not allow you to return to Australia. Exclusion periods on returning to Australia may apply if you have left Australia as the holder of a bridging Visa C.

• Bridging Visa D (BVD) – Subclass 040 and 041

 This visa is granted in rare circumstances. Either you do not hold a substantive visa or your substantive visa will expire in the next three working days. If you do not hold a substantive visa it may be granted if for example you were unable to validly lodge a substantive visa e.g. you didn’t pay the right fee or used the wrong form. You may be able to move from a bridging visa D to C after the substantive visa is validly lodged.

• Bridging Visa E (BVE) – Subclass 050 and 051

If your substantive visa has expired, the BVE allows you to stay in Australia while you make arrangements to leave, finalise your immigration matter or wait for an immigration decision.

This visa does not have a travel facility so if you leave Australia you need a different visa to be granted for you to return.

This visa shows that you have a record of unlawfulness with the Department. You must remember to declare this if asked on entry cards, applications etc. Exclusion periods on returning to Australia may apply if you have left Australia as the holder of 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.

WHAT IS IT?

This visa lets you leave and return to the country while your application for a substantive visa is being processed.

This visa does allow you to leave Australia – as long as you return to the country within the specified travel period, you can stay in Australia while you wait for your new substantive visa to be processed.

            For a full list of Bridging Visa types, click here.

WHO IS ELIGIBLE?

• You are in Australia
• You already hold a BVA or BVB
• You have applied in Australia for a substantive visa that can be granted be granted to you while you are in Australia
• Other factors
  • Length and reason for journey
  • Status of your pending file

WHEN TO APPLY?

You should apply for you BVB between 3 months – 2 weeks prior to travel.

HOW LONG DOES IT LAST?

Your BVB usually comes into effect as soon as it is granted or when your current substantive visa ends.

Your BVB will end immediately upon any of the following situations:

• You are granted the new substantive visa you applied for
• You are granted another BVB or BVA (in relation to the same substantive visa application you held when you were granted a BVB)
• you are outside Australia when the BVB travel period ends

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:

1. 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.

2. 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.

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.

Medicare, Australia’s ‘free’ health care system, is just one of the things that makes Australia such an attractive migration option. Having a Medicare card allows access to a range of medical services, low-cost prescriptions and free care as a patient in a public hospital. The good news is, even if you are not yet an Australian permanent resident, you may be eligible to receive these benefits. Why is this eligibility during this waiting period so important?

The remaining relative visa, in particular, has a tremendously long waiting period. DIBP have calculated that 835 visas lodged in 2014 are likely to take approximately 50​ years to be processed. So, if you are considering this option make sure to talk to Medicare about your Medicare Entitlements.

Currently, In accordance with the Health Insurance Act 1973, to get Medicare, you will need to demonstrate that:

(a)  You are the holder of a temporary bridging visa and;

(b)  You have applied for a permanent visa (this doesn’t include applying for a parent visa) and;

(c)  You have current authority to work in Australia or;

(d)  Your parent, spouse or child is an Australian citizen or holds an Australian permanent resident visa.

So, most (but not all) remaining relative and carer visa applicants who are in Australia should have access to free health care. The laws change frequently so be sure to talk directly to Medicare about your eligibility as information in this blog is of a general nature only and should not be relied upon for any decision making.

If you aren’t eligible for Medicare based on the above definition don’t forget to read up on Reciprocal Health Care Agreements where limited Medicare access is available to nationals of

• Belgium
• France
• Italy (don’t need to have been living in Italy, but you must be an Italian citizen and meet the other agreement conditions)
• Malta
• Netherlands
• New Zealand
• Norway
• Ireland
• Slovenia
• Sweden; and
• United Kingdom

Each countries RHCA has different terms and conditions so be sure to get advice directly from Centrelink before relying on any third-party information. This link here may help: https://www.humanservices.gov.au/individuals/services/medicare/medicare-card#group-120

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.

Typically, if you are in Australia and have lodged an application for a permanent visa you are able to access Australia’s ‘free’ health care system, Medicare.

Unfortunately, as with most things in life there is an exception to almost every rule.

In accordance with the Health Insurance Act 1973, those applying for permanent residency under a parent visa are not entitled to Medicare for the entire period that they are waiting for the decision of their visa application. Eligibility for Medicare occurs only after the parent visa is granted and when the parent is residing in Australia (can’t just fly over for medical treatment and live elsewhere permanently).

Of course, there is even an exception to that rule too! Certain parent visa applicants in Australia who are citizens of a country that has a reciprocal health care agreement (RHCA) with Australia may have limited access to Medicare services.  These countries are listed below and the RHCAs can also be accessed by people in Australia who are not applying for a parent visa.

• Belgium
• France
• Italy (don’t need to have been living in Italy, but you must be an Italian citizen and meet the other agreement conditions)
• Malta
• Netherlands
• New Zealand
• Norway
• Ireland
• Slovenia
• Sweden
• United Kingdom