Australian Immigration Article

What Exactly is a Bridging Visa? The Bare Essentials

Think of a partner visa bridging visa not as a destination, but as a temporary pass. It’s not a “substantive” visa (like a student visa, visitor visa, or the partner visa you’re applying for). Instead, its main job is to keep you lawfully in Australia while your substantive visa application is being processed, or while you’re making arrangements to depart Australia if needed.

You generally don’t apply for most bridging visas in the same way you apply for a substantive visa. Often, one is granted automatically when you lodge a valid application for a substantive visa onshore, under specific circumstances.

Why Bridging Visas are Key During Your Partner Visa Process

For those applying for an Australian partner visa (like the Subclass 820) from within Australia, a bridging visa is crucial. Here’s why:

• Maintaining Lawful Status: If your current substantive visa expires before a decision is made on your partner visa application, the bridging visa kicks in, ensuring you don’t become unlawful.
• Potential Work Rights: Depending on the type of bridging visa and your previous visa status, it may allow you to work in Australia while you wait. This is a significant consideration for many applicants.

The Common Types of Bridging Visas for Partner Visa Applicants

While there’s a whole alphabet of bridging visas, partner visa applicants onshore are most likely to encounter one of the following:

1. Bridging Visa A (BVA) (Subclass 010): The Automatic First Step

   (Bridging Visa A allows applicants to stay in Australia lawfully while waiting for their partner visa application decision, usually granted when applying onshore.)  

   • How you get it: A BVA is typically granted automatically if you apply for an eligible substantive visa (like the onshore partner visa 820) while you are in Australia and hold another substantive visa (e.g., a student, visitor, or temporary work visa).
   • When it activates: Critically, the BVA doesn’t start the moment it’s granted. It remains dormant and only comes into effect after your current substantive visa expires. If your partner visa is decided before your current visa expires, the BVA might never become active.
   • Work Rights: If granted in relation to an onshore partner visa application, a BVA usually allows you to work. If your previous substantive visa had work restrictions, those restrictions continue until that visa expires and the Bridging Visa A for partner visa with work rights comes into effect.
   • Travel: A BVA ceases if you leave Australia. You cannot travel overseas and return on a BVA.

2. Bridging Visa B (BVB) (Subclass 020): Your Permit to Travel and Return

   (Bridging Visa B lets applicants temporarily leave and re-enter Australia while their partner visa application is being processed.)

   • How you get it: If you hold a BVA (or in some cases, are eligible for one) and need to travel outside Australia temporarily while your partner visa is processing, you must apply for and be granted a BVB before you depart.
   • Purpose: It allows you to leave and re-enter Australia for a specified period (the “travel facility period”) while your substantive visa application is ongoing.
   • Work Rights: Usually, the work rights associated with your BVA carry over to the BVB.
   • Important Note: You cannot be granted a BVB if you are outside Australia. It’s essential to plan ahead if you anticipate needing to travel.

3. Bridging Visa C (BVC) (Subclass 030): For Applications Made Without a Substantive Visa

   (Bridging Visa C is granted to applicants who have applied for a partner visa onshore and do not hold a substantive visa.)

   • How you get it: A BVC is generally granted if you apply for a substantive visa (like an onshore partner visa) while you are in Australia but you do not hold a substantive visa. This could mean your previous visa has already expired (making you unlawful at the time of application), or you held another bridging visa when you applied.
   • Work Rights: A BVC usually comes with no work rights. You may be able to apply for work rights separately by demonstrating compelling financial hardship, but this is not automatic and can be challenging to meet.
   • Travel: A BVC does not allow you to travel overseas and return. If you leave Australia while holding only a BVC, you will not be able to re-enter on it.
   • Schedule 3 Criteria: If you apply for an onshore partner visa when you do not hold a substantive visa, you may also need to meet additional complex criteria known as “Schedule 3 criteria,” unless compelling reasons exist for these to be waived. This is separate from the bridging visa itself but often a related consideration in such scenarios.

4. Bridging Visa E (BVE) (Subclass 050): To Regularise Status or Depart

   (Bridging Visa E lets you stay in Australia lawfully if your current visa has expired, or if you’re waiting for a decision on a new visa application, with limited work rights.)

   • How you get it: A BVE is granted in more complex situations, often if you are in Australia unlawfully (e.g., your visa has expired and you haven’t applied for another, or a visa has been cancelled) and you are making arrangements to depart or to resolve your immigration status (for example, by applying for another visa if eligible, or seeking review of a decision).
   • Conditions: BVEs are generally very restrictive. They usually come with no work rights and no travel rights.
   • Re-entry Implications: Departing Australia on a BVE can sometimes trigger re-entry bans, impacting your ability to return to Australia for a certain period. This makes it a visa you ideally want to avoid needing. If you are in a BVE or about to get one, it’s best to consider speaking to an immigration lawyer to understand your options and rights.

Key Questions About Your Bridging Visa for Partner Visa

• When does my Bridging Visa actually start? As mentioned, a BVA granted in association with your partner visa application will only activate when your current substantive visa ceases. A BVC or BVE might activate immediately upon grant if you have no other visa. Always check the grant notification for your specific bridging visa.

• How long will my Bridging Visa last? Generally, a bridging visa remains in effect until a decision is made on your substantive visa application (e.g., your partner visa). If your partner visa is granted, the bridging visa ceases. If it’s refused, your bridging visa will usually continue for a specified period (often 35 days) to allow you to depart Australia, seek review of the decision, or apply for another visa if eligible.

• Can I work on a bridging visa in Australia? This depends entirely on the type of bridging visa and its specific conditions. BVAs linked to partner visa applications usually permit work once active. BVCs and BVEs generally do not, unless you successfully apply for work rights separately due to financial hardship (for BVCs) or in very limited circumstances.

• What if I need to travel overseas urgently? If you are on a BVA and need to travel, you must apply for and be granted a BVB before leaving Australia. If you leave on a BVA, it will cease, and you won’t be able to return on it. If you are on a BVC or BVE, you generally cannot travel and return.

(Couples on a Partner Visa Bridging Visa need to know that work rights vary. BVA usually allows work, while BVC and BVE often don’t without special permission.)

What if My Partner Visa Application is Refused?

If your partner visa application is refused, the Department will notify you. Your bridging visa will generally continue for a set period (often 35 days) after you are deemed to have received the decision. During this time, you might be able to apply to the Administrative Review Tribunal (ART) for a review of the decision. If you lodge a valid ART review application in time, your bridging visa will typically remain in effect until the ART makes its decision.

Bridging Visas and Offshore Partner Visa Applications (e.g. Subclass 309 or 300)

It’s important to understand that bridging visas, as discussed here, are primarily for individuals who have lodged an onshore application for a visa (like the Subclass 820 partner visa).

If you have applied for an offshore partner visa (like the Subclass 309 or Subclass 300 Prospective Marriage visa), you are not automatically granted a bridging visa to come to or remain in Australia. If you wish to visit Australia while your offshore application is processing, you would need to apply for a separate temporary visa (such as a subclass 600 visitor visa). Your stay in Australia would then be governed by the conditions of that visitor visa, not a bridging visa linked to your offshore partner visa.

If you need to stay in Australia longer or are unsure about your options, it’s a good idea to speak with an immigration lawyer to get advice tailored to your situation.

Final Thoughts: Onshore Partner Visa Bridging Visa Explained

Bridging visas play an indispensable role in the onshore partner visa process, providing a legal means to remain in Australia while your application is being assessed. However, given the different types and the specific conditions that can apply to each, it’s vital to understand precisely which bridging visa you hold and what it permits you to do. The details in your visa grant notification are your primary source of truth.

The world of bridging visas is intricate. If you have any doubts about your bridging visa status, its conditions, or how it interacts with your partner visa application, seeking guidance from an Australian immigration lawyer can provide you with the understanding needed for your particular situation. At Flow Migration Law, we’ve supported many couples through successful partner visa applications while helping them navigate and understand their bridging visa conditions. We’d be glad to support you on your journey, too.