Australia’s migration system contains a highly structured framework designed to ensure that non-citizens maintain lawful status while their visa matters are being processed. One of the key mechanisms that allows this continuity of lawful stay is the Bridging Visa system. For many applicants, a Bridging Visa is granted automatically when they lodge a valid substantive visa application. However, significant legal consequences can arise if the substantive visa application is later withdrawn, refused, or deemed invalid.
This comprehensive guide explains how automatic Bridging Visa grants operate, the legal basis for these grants, when they come into effect, the conditions attached, and the immigration consequences of withdrawing a substantive visa application while holding a Bridging Visa.
What Is a Bridging Visa?
A Bridging Visa is a temporary visa granted to allow a non-citizen to remain lawfully in Australia while:
- A substantive visa application is being processed
- A merits review is underway
- Judicial review proceedings are pending
- Arrangements are being made to depart Australia
Bridging Visas are governed by the Migration Act 1958 and Migration Regulations 1994. They do not provide permanent status but instead act as transitional protection against unlawful stay.
There are several subclasses of Bridging Visas, including Bridging Visa A (BVA), Bridging Visa B (BVB), Bridging Visa C (BVC), Bridging Visa D (BVD), and Bridging Visa E (BVE). The most common automatic grant occurs with the Bridging Visa A (Subclass 010).
Automatic Grant of Bridging Visa A (Subclass 010)
When a non-citizen in Australia lodges a valid application for a substantive visa while holding another substantive visa, a Bridging Visa A is typically granted automatically.
Legal Basis
The automatic grant mechanism is embedded within Schedule 2 of the Migration Regulations. The applicant does not need to submit a separate application for the BVA in most cases.
When Does the Bridging Visa Become Active?
Although granted at the time of lodgement, the Bridging Visa A does not usually come into effect immediately. Instead, it becomes active only when the applicant’s current substantive visa ceases.
For example:
- An applicant holding a Student visa applies for a Skilled visa.
- A Bridging Visa A is automatically granted.
- The BVA becomes active only after the Student visa expires.
This sequencing ensures there is no gap in lawful status.
Conditions Attached to Bridging Visa A
Bridging Visas may carry conditions similar to, or different from, the previous substantive visa. Common conditions include:
- Work limitations
- Study restrictions
- No travel rights (unless a Bridging Visa B is obtained)
It is critical to review grant notices carefully to understand the specific conditions imposed.
Travel Restrictions and Bridging Visa B
A Bridging Visa A ceases if the holder departs Australia. It does not permit re-entry.
Applicants who need to travel must apply separately for a Bridging Visa B (Subclass 020), which allows temporary departure and return within a specified travel period.
Departing Australia without a valid Bridging Visa B can result in the substantive visa application being taken as withdrawn in certain circumstances.
Substantive Visa Application Withdrawal: Legal Consequences
Withdrawing a substantive visa application can have serious consequences for Bridging Visa holders.
Effect on Bridging Visa A
If a substantive visa application is withdrawn while a Bridging Visa A is in effect, the Bridging Visa generally ceases 35 days after the withdrawal decision is recorded.
This means the individual may become unlawful if no other substantive visa is in place.
Section 48 Bar Implications
If the substantive visa application is refused while the applicant is in Australia and they do not hold a substantive visa, section 48 of the Migration Act may prevent further onshore applications for certain visas.
Strategic decisions regarding withdrawal versus refusal should therefore be carefully evaluated.
Invalid Applications and Bridging Visa Impact
If the Department determines that a substantive visa application was invalid at lodgement, no Bridging Visa is granted.
This can result in immediate unlawful status if the prior visa has already expired.
Ensuring that applications meet validity requirements, including correct fees and documentation, is essential.
Bridging Visa C (Subclass 030) Considerations
A Bridging Visa C may be granted to applicants who lodge a valid substantive visa application while not holding a substantive visa but remaining lawful (for example, during a Bridging Visa period).
Unlike a BVA, a BVC typically does not allow travel and may impose stricter work conditions.
Merits Review and Bridging Visa Continuity
If a substantive visa is refused and the applicant lodges a review with the Administrative Appeals Tribunal (AAT) within the prescribed timeframe, a new Bridging Visa may be granted automatically.
This ensures continued lawful stay during review proceedings.
However, if review rights are not exercised within the statutory period, the Bridging Visa may cease.
Bridging Visa E and Unlawful Status
Individuals who become unlawful may apply for a Bridging Visa E (Subclass 050 or 051) to regularize their status temporarily.
Bridging Visa E carries significant limitations and often strict reporting conditions.
Avoiding unlawful status is critical, as overstaying can affect future visa eligibility.
Strategic Considerations Before Withdrawing a Visa Application
Applicants sometimes consider withdrawing a visa application for reasons such as:
- Intending to lodge a stronger application later
- Discovering errors in the application
- Changing migration strategy
Before withdrawing, applicants should assess:
- Whether another substantive visa is in effect
- Whether section 48 bars may apply
- Whether they have alternative visa pathways
- Timing of Bridging Visa cessation
Professional migration advice is strongly recommended in complex scenarios.
Compliance and Monitoring
Visa holders should:
- Track visa expiry dates
- Monitor ImmiAccount notifications
- Retain copies of grant letters
- Seek clarification if uncertain about conditions
Failing to monitor status changes can lead to inadvertent unlawful stay.
Frequently Asked Questions
Is a Bridging Visa Automatically Granted in All Cases?
No. The application must be valid and lodged while the applicant holds a substantive visa (for BVA eligibility).
Can I Work on a Bridging Visa?
Work rights depend on the conditions imposed. Some Bridging Visas allow unrestricted work, while others impose limitations.
What Happens If I Leave Australia Without a Bridging Visa B?
The Bridging Visa A ceases upon departure, and the substantive visa application may be affected.
Final Thoughts
Bridging Visa automatic grant provisions are designed to protect lawful status during visa processing. However, withdrawing a substantive visa application can trigger cascading legal consequences, including cessation of the Bridging Visa and potential unlawful stay.
Understanding the interaction between Bridging Visas, substantive visa applications, section 48 restrictions, and review rights is essential for maintaining compliance within Australia’s migration framework.
Careful planning, accurate lodgement, and timely action are key to avoiding unintended immigration complications.
