Bridging Visa A (Subclass 010) Australia

Subclass 010 Bridging Visa A (BVA) Australia

The Bridging Visa A (BVA) is a temporary visa that allows individuals to remain lawfully in Australia until their substantive visa application is finalized. This visa is particularly crucial for those whose visa applications are under merits review or judicial review proceedings.

Overview of Bridging Visa A (BVA)

The BVA is automatically granted when an individual applies for another substantive visa while present in Australia. It ensures that individuals can lawfully reside in Australia while their new visa application is processed or while awaiting the outcome of a review of a refused visa application.

Circumstances Requiring a BVA Application

A separate application for a BVA may be necessary in the following situations:

  • Your substantive visa application did not simultaneously constitute an application for a BVA.
  • You have previously been granted a BVA or Bridging Visa B (BVB) that has since expired, and you meet the requirements for another BVA.
  • You are seeking a further BVA without work restrictions.
  • You have applied for judicial review.

It is important to note that you cannot utilize a bridging visa while waiting for a citizenship application to be processed.

When a BVA Application is Unnecessary

You must apply for the BVA within the prescribed timeframe to maintain your lawful status. If you are seeking merits review at the Administrative Appeals Tribunal (AAT), the application for review must be submitted within 21 days. If you comply with this timeframe, a further BVA application may not be needed.

However, if you are pursuing judicial review, the application must be submitted within 35 days of the Tribunal’s decision. Failing to do so may impact your eligibility for a further BVA.

Maintaining Lawful Status During Judicial Review

If a merits review tribunal upholds the decision to refuse your substantive visa application and you intend to apply for judicial review, it is imperative to apply for a BVA to maintain lawful status during the review process. Applications for a BVA in this context must be submitted via webform.

Fees Associated with Bridging Visa A

There are no fees for the application or processing of the BVA.

Processing Time for Bridging Visa A

There are no specific processing times established for this visa. Typically, the grant of a BVA is automatic and instantaneous upon lodging another substantive visa application while in Australia. However, due to system workloads, it may take 2 to 3 days for the visa to be granted.

If you are unlawfully present when applying for a substantive visa while onshore, it may also take a couple of days for the BVA to be issued.

Eligibility Criteria for Bridging Visa A

To be granted a BVA, applicants must meet certain criteria, which include:

  • Being physically present in Australia.
  • Holding or having held a substantive visa on the day of or prior to lodging the new substantive visa application.
  • Meeting the requisite criteria for the grant of this visa within the designated timeframes, such as applying for AAT review within 21 days or judicial review within 35 days.
  • There are no age restrictions for applying for this visa.
  • Applicants must satisfy character and health requirements for visa approval.

Work Rights on Bridging Visa A

Holders of a BVA will retain the same work rights as those held on their previous substantive visa. If the BVA does not permit work, you may apply for a new BVA with work rights, demonstrating financial hardship as a reason for the request.

The Department of Home Affairs will evaluate your circumstances regarding the need for work rights. If you do not meet the requirements for work but are still eligible for a BVA, the department will issue a new BVA with the same work restrictions as your previous one. A new BVA allowing work cannot be granted if:

  • Your current BVA was issued because you applied for judicial review of your substantive visa decision.
  • You have applied for a protection visa.

Conditions of Bridging Visa A

A BVA may be issued with specific conditions. Generally, the conditions from your previous substantive visa will carry over to your BVA, although this will depend on the new visa application. There are no conditions associated with a BVA granted in relation to the following onshore visas:

  • Subclass 820 (Partner)
  • Subclass 801 (Partner)
  • Subclass 804 (Aged Parent)
  • Subclass 884 (Contributory Aged Parent (Temporary))
  • Subclass 864 (Contributory Aged Parent)
  • Business Skills – Business Talent (Permanent) (Class EA) visa
  • Business Skills (Provisional) (Class EB) visa
  • Business Skills (Permanent) (Class EC) visa
  • Employer Nomination (Permanent) (Class EN) visa
  • Skilled Employer Sponsored Regional (Provisional) (Class PE) visa
  • Skilled Work Regional (Provisional) (Class PS) visa
  • Regional Employer Nomination (Permanent) (Class RN) visa
  • Skilled Independent (Permanent) (Class SI) visa
  • Skilled Nominated (Permanent) (Class SN) visa
  • Skilled Regional Sponsored (Provisional) (Class SP) visa
  • Skilled (Residence) (Class VB) visa

Frequently Asked Questions about Bridging Visa A

1. What is a Bridging Visa?
A Bridging Visa is a temporary visa that allows you to remain in Australia lawfully while your current substantive visa has ceased, and your new substantive visa application is still being processed.

2. Can I leave Australia on a Bridging Visa A?
No, you cannot leave Australia while holding a Bridging Visa A. If you need to travel outside Australia, you must apply for and be granted a Bridging Visa B (BVB), which permits re-entry.

3. Can I work on a Bridging Visa A?
Yes, you can work on a Bridging Visa A if you had work rights on your previous substantive visa.

4. How can I apply for work rights on a Bridging Visa A?
You must apply for a Bridging Visa A requesting work rights through the same online application used to obtain your initial Bridging Visa A.

5. Can I buy a house on a Bridging Visa?
No, you cannot purchase property while on a Bridging Visa.

6. Am I eligible for Medicare on a Bridging Visa A?
You can access Medicare while on a Bridging Visa only if you have applied for a permanent visa.

7. How do I obtain a Bridging Visa A?
Typically, you receive a Bridging Visa A automatically upon applying for a substantive visa while onshore in Australia.

8. Is a Bridging Visa A considered a substantive visa?
No, a Bridging Visa is not classified as a substantive visa.

Disclaimer

‘Aussie Migration Services Pty Ltd’ and its associates are independent consulting entities and are not affiliated with the Australian Department of Home Affairs (DOHA). The information provided on this website does not constitute personal migration advice. For tailored migration advice based on your specific circumstances, please contact one of our Immigration Consultants or register your interest with our Associates.