How to Stay Legally in Australia with Bridging Visa A

What is a Bridging Visa A (BVA)?

A Bridging Visa A (BVA) is a temporary visa granted to individuals who have applied for a new substantive visa while they are still in Australia. The purpose of a BVA is to allow applicants to remain lawfully in the country while waiting for a decision on their visa application. It acts as a bridge between the expiry of the current visa and the approval (or rejection) of the new visa application.

Key Features of Bridging Visa A:

• Maintains lawful status: Prevents applicants from becoming unlawful residents while waiting for their visa decision.

• Automatic grant in most cases: Usually issued automatically when a valid substantive visa application is lodged.

• No additional cost: If linked to a substantive visa application, it is usually free.

• Work and study rights: Depending on the conditions of the visa, you may be allowed to work or study.

• No travel rights: If you need to leave Australia, you must apply for a Bridging Visa B (BVB).

Who is Eligible for a Bridging Visa A?

You may be eligible for a BVA if:

• You are in Australia when you apply for a substantive visa.

• Your current visa is still valid at the time of application.

• You do not hold a Bridging Visa E (BVE) at the time of application.

A BVA remains valid until a decision is made on your substantive visa application. If your new visa is granted, the BVA automatically expires. If the application is refused, the BVA may still remain in effect during the appeal period.

How to Apply for Bridging Visa A

If your current visa is about to expire and you’ve lodged an application for a new substantive visa, you may be eligible for a BVA. The application for Bridging Visa A is typically processed alongside your substantive visa application.

Steps to Apply for Bridging Visa A:

1. Check Eligibility: Ensure you meet the requirements for a BVA, including having a valid substantive visa application lodged while you are in Australia.

2. Lodge a Substantive Visa Application: A BVA is generally granted automatically if you apply for a new substantive visa before your current visa expires.

3. Submit a Separate BVA Application (If Needed): If a BVA is not automatically granted, you can submit a separate application through the Department of Home Affairs website.

4. Provide Supporting Documents: You may need to provide identification, proof of visa application, and any relevant documents requested by immigration authorities.

5. Wait for Approval: The processing time for a BVA is typically short, especially if linked to a substantive visa application.

6. Check Visa Grant Notification: Once approved, carefully review the conditions and restrictions on your BVA.

Common Bridging Visa A Conditions:

1. Work Restrictions:

• Some BVA holders have work restrictions, meaning they are not allowed to work in Australia while their visa is active.

• If work rights are not granted automatically, you can apply for work rights on Bridging Visa A by demonstrating financial hardship.

• Work conditions depend on the type of substantive visa applied for and individual circumstances.

2. No Travel Rights:

• A BVA does not allow you to leave and re-enter Australia.

• If you need to travel, you must apply for a Bridging Visa B (BVB), which grants travel rights.

• Leaving Australia without a BVB may result in the cancellation of your BVA, and you may need to apply for a new visa from outside the country.

3. Study Limitations:

• While studying is generally allowed, some BVA holders may face restrictions based on their visa conditions.

• Those who were previously on student visas may need to comply with specific study requirements.

4. No Criminal Activities:

• All BVA holders must follow Australian laws and avoid criminal offenses.

• Any breach of the law can result in visa cancellation and possible deportation.

5. Reporting and Compliance:

• Some applicants may be required to report to immigration authorities at regular intervals.

• Compliance with all visa conditions is necessary to maintain lawful status in Australia.

Understanding these conditions is essential for ensuring a smooth visa process. If you are uncertain about your specific conditions, check your visa grant letter or consult an immigration consultant for guidance.

Bridging Visa A Cost

The Bridging Visa A cost depends on the circumstances under which it is granted. In most cases, if a BVA is granted automatically when applying for a substantive visa, there is no additional cost. However, if you need to apply for a Bridging Visa A separately, a processing fee may apply.

Cost Breakdown:

• Automatically Granted BVA: Free if linked to a substantive visa application.

• Separate Bridging Visa A Application: May incur a fee (subject to change by the Department of Home Affairs).

• Request for Work Rights: If you apply for a BVA with work rights, there may be an additional charge.

Additional Costs to Consider:

• Application Assistance: If you seek help from a migration agent or immigration consultant, their service fees will vary.

• Appeal Fees: If your substantive visa is refused and you apply for a review, additional costs may be involved.

To check the latest visa fees, visit the official Department of Home Affairs website.

Work Rights on Bridging Visa A

The ability to work while holding a Bridging Visa A (BVA) depends on the specific conditions attached to your visa. In some cases, work rights are granted automatically, while in others, you may need to apply separately for permission to work.

Who Can Work on a Bridging Visa A?

• If your previous substantive visa allowed work, your BVA may also grant you work rights.

• If your BVA was granted without work rights, you may apply for work rights on Bridging Visa A by proving financial hardship.

How to Apply for Work Rights on Bridging Visa A:

1. Check your current BVA conditions – Your visa grant letter will specify whether you can work.

2. Submit Form 1005 – This is the official request form to change your visa conditions.

3. Provide evidence of financial hardship – Work rights are generally granted only if you can prove that you face financial difficulties.

4. Wait for approval – Once approved, your BVA will be updated with work rights.

Bridging Visa A Expiry Date

The Bridging Visa A expiry date is directly linked to the outcome of your substantive visa application. Unlike standard visas with fixed expiry dates, a BVA remains valid as long as a decision is pending on your substantive visa application.

When Does Bridging Visa A Expire?

1. If your substantive visa is granted – Your BVA automatically expires the moment your new visa is approved.

2. If your substantive visa is refused – Your BVA remains valid during the appeal period. If you do not appeal within the allowed timeframe, the BVA expires.

3. If you withdraw your visa application – Your BVA may expire within a specific period after withdrawal, making it important to plan your next steps.

Important Considerations:

• You cannot extend a Bridging Visa A. If your BVA is nearing expiry, you must explore other visa options.

• If your BVA expires and you have no valid visa, you may become an unlawful non-citizen, which can impact future visa applications.

• If you need to travel outside Australia, you must apply for a Bridging Visa B (BVB), as the BVA does not allow re-entry into the country.

What Happens If Your Substantive Visa is Refused?

If your substantive visa application is refused, your Bridging Visa A (BVA) remains valid during the appeal period. Here’s what you can do if your substantive visa is rejected:

1. Lodge an Appeal with the Administrative Appeals Tribunal (AAT)

• You may have the option to appeal the decision at the AAT.

• Appeals must be lodged within the prescribed timeframe stated in your visa refusal notice.

• If your appeal is successful, your visa application will be reconsidered.

2. Depart Australia Before Your BVA Expires

• If you do not wish to appeal, you must leave Australia before your Bridging Visa A expires to avoid becoming unlawful.

• Overstaying your visa can lead to serious consequences, including visa bans and difficulties in future applications.

3. Apply for Another Visa

• Depending on your circumstances, you may be eligible to apply for another visa while in Australia.

• Certain visas may allow onshore applications, but ensure you meet the eligibility criteria before applying.

4. Request Ministerial Intervention

• If your appeal is unsuccessful, you may request a Ministerial Intervention as a last resort.

• This process is discretionary and is only granted in exceptional circumstances.

Key Considerations:

• Failing to take action before your Bridging Visa A expiry date may result in unlawful status, impacting future visa applications.

• Seek advice from a migration consultant to explore the best course of action based on your situation.

Alternative Options If You Need to Travel

Since Bridging Visa A does not allow travel, you must apply for a Bridging Visa B (BVB) if you need to leave and return to Australia. The BVB allows short-term travel while your substantive visa application is being processed.

Key Points About Bridging Visa B (BVB):

• Allows travel: Unlike BVA, a BVB allows you to leave and return to Australia legally.

• Must be applied for separately: You need to submit a formal application for BVB before departing.

• Temporary validity: BVB is granted for a specific travel period and will expire if not used within that timeframe.

• May require justification: You must provide a valid reason for your travel, such as family emergencies or business needs.

What If You Travel Without a Bridging Visa B?

If you leave Australia without a Bridging Visa B, your Bridging Visa A will be canceled automatically, meaning you may not be able to re-enter Australia unless you apply for a new visa. This could significantly affect your substantive visa application.

Steps to Apply for Bridging Visa B:

1. Submit Form 1006 – The official application form for a Bridging Visa B.

2. Provide supporting documents – Justify your reason for travel.

3. Pay the application fee – Check the latest fees on the Home Affairs website.

4. Wait for approval – Ensure your BVB is approved before departing Australia.

Frequently Asked Questions (FAQs)

1. Can I apply for Bridging Visa A separately?

Yes, but BVA is typically granted automatically with a valid substantive visa application. If your BVA was not granted, you may need to apply separately.

2. How long does it take to process a Bridging Visa A?

Processing times vary but are usually quick, as BVAs are generally granted alongside substantive visa applications.

3. Can I study on a Bridging Visa A?

Yes, studying is allowed unless specific conditions restrict it. Always check your visa grant letter.

4. How do I check my Bridging Visa A conditions?

You can check your visa conditions on VEVO (Visa Entitlement Verification Online) or refer to your visa grant letter.

5. What happens if my Bridging Visa A expires?

If your BVA expires, you may become unlawful in Australia. Consider lodging an appeal, applying for another visa, or making arrangements to leave Australia before expiry.

By understanding how to apply for Bridging Visa A, its conditions, cost, and expiry date, you can ensure you stay legally in Australia while waiting for your substantive visa decision. If you’re unsure about your options, consulting an immigration consultant can provide clarity and guidance.

Need more help with your visa? Explore other visa options, including the bridging visa, to stay legally in Australia.