Applying for a bridging visa
Bridging visas maintain lawful status in Australia during a gap between substantive visas. They are critical for clients whose visa has expired or is about to expire while another application is pending. Getting the bridging visa type, conditions, and timing right is essential to avoid unlawful status.
This is an 8-step workflow for applying for a bridging visa in Australia. Bridging visas allow non-citizens to remain lawfully in Australia while their substantive visa application is being processed, or while they are making arrangements to depart. The type of bridging visa (A through E) depends on the applicant's circumstances.
Before you start
- Details of the applicant's current visa status and immigration history
- Evidence of the pending substantive visa application or review (if applicable)
- Passport and identity documents
- Details of any visa conditions currently in effect
The workflow
Assess the correct bridging visa class
Determine which bridging visa class applies. BVA is granted automatically with most substantive visa applications lodged in Australia. BVB allows travel and return. BVC is for certain tribunal applicants. BVD is for criminal justice purposes. BVE is a last resort for unlawful non-citizens.
Check eligibility criteria
Verify the applicant meets the criteria for the identified bridging visa class. For BVA, the applicant must hold a substantive visa or have held one when the new application was made. For BVE, the applicant must demonstrate special circumstances.
Determine required visa conditions
Identify what conditions will apply to the bridging visa. Key conditions include work rights (condition 8101 — no work, or 8104 — limited work), reporting requirements, and travel restrictions. Consider whether to apply for condition modification if work rights are needed.
Prepare the application
Complete the appropriate application form. For BVA and BVB, this is typically automatic or via Form 1005. For BVE, use Form 1008. Gather supporting documents including the substantive visa application receipt, identity documents, and evidence of circumstances.
Apply for work permission if needed
If the applicant needs to work and the bridging visa does not automatically include work rights, apply to modify the condition. This requires evidence of financial hardship — that the applicant cannot support themselves without working. Lodge a request under section 72 of the Migration Act.
Lodge the application
Lodge the bridging visa application online through ImmiAccount or in person if required. For BVE applications, lodging may need to be at a Department office. Ensure lodgement occurs before the current visa expires to avoid a gap in lawful status.
Monitor processing and respond to requests
Monitor the application status. Respond promptly to any request for further information from the Department. If the applicant's circumstances change (e.g. address, employment, or the substantive application is decided), notify the Department.
Confirm grant and advise on conditions
Once the bridging visa is granted, confirm the conditions with the client. Advise on obligations including work restrictions, reporting requirements, travel limitations, and what events will cause the bridging visa to cease (e.g. grant or refusal of the substantive visa).
What you will have at the end
The applicant holds a valid bridging visa maintaining lawful status in Australia, with clear understanding of their visa conditions, work rights, and obligations.
Common issues
- Applying for a BVA after the substantive visa has already expired (BVE may be the only option)
- Not applying for work rights modification early enough, leaving the client unable to support themselves
- Travelling overseas on a BVA without first obtaining a BVB, resulting in the BVA ceasing
- Not understanding that the bridging visa ceases 35 days after the substantive application is finalised
- Failing to lodge the bridging visa application before the current visa expires
Run this workflow on a real matter
Quillio identifies the correct bridging visa class, checks eligibility criteria, and helps prepare applications and condition modification requests. See /practice-areas/immigration-lawyers or start a free trial.
This workflow covers standard bridging visa applications. Applicants in immigration detention, character-related cases, or those subject to section 501 cancellation involve additional considerations and restrictions.
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Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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