When an onshore visa holder applies for a further visa that can also be granted onshore, they will usually receive an automatic Bridging Visa A (BVA). BVAs cover the gap in between one visa expiring, and the next one being issued so that the applicant does not need to leave.
However, an active BVA will cease if the holder departs Australia on it, meaning they will have no visa to return to Australia on.
Instead, anyone in Australia on an active BVA who wishes to depart and re-enter Australia while awaiting a decision on their next substantive visa application, should apply for and be granted a Bridging Visa B (BVB) prior to their departure.
BVBs and BVAs are mostly the same and will carry the same conditions. BVBs are slightly more beneficial, though, because they allow the holder to depart and return to Australia without hindrance.
It is important to note that a BVB grant notification will specify the date by which the holder must be back in Australia by. This date is set by the case officer who assesses and issues the visa.
What will happen if I am overseas without a BVB?
If an overseas applicant without a substantive visa does not hold a BVB, or held one but could not return by the specified date, they will be left with no visa to return to Australia on. If this happened accidentally or unknowingly, being unable to return as planned would understandably be distressing and very inconvenient.
Because it is not possible to be granted a Bridging Visa from overseas, you would need to apply for and be granted an entirely new substantive visa to re-enter Australia on.
What visa should I apply for?
This will depend on the circumstances, urgency, and reasons for being in Australia.
If work rights are critical, appropriate solutions might be a Working Holiday (Subclass 417 or 462) visa, Temporary Work (Subclass 400) visa, or Skills in Demand (Subclass 482) visa. However, these applications may take longer to process (particularly the Skills in Demand visa), and have separate considerations for grant.
An alternative may be to obtain a visitor visa, such as an Electronic Travel Authority, eVisitor, or Subclass 600. The downside of this would be that visitor visas do not have work rights, but this would potentially be the fastest solution if simply returning to Australia is the priority.
Is a visitor visa really appropriate?
A common requirement for the grant of any type of Australian visitor visa is that the applicant is a “genuine visitor” who intends to stay temporarily.
At first glance, it seems like this could not possibly be met by someone who has another, longer-term visa pending. They evidently want to stay in Australia, which conflicts with the fundamental purpose of a visitor visa.
Department policy confirms, though, that these “may be granted in circumstances where the purpose of the grant is to enable an applicant to return to Australia to be granted a visa (including for the purposes of applying for a Bridging visa in association with a previously lodged visa application that is yet to be decided), provided:
- the applicant intends to remain in Australia temporarily as the holder of the Subclass 600 visa;
- the applicant will abide by the visa conditions to which the Subclass 600 visa is subject;
- the applicant meets all other criteria for the grant of a Subclass 600 visa; and
- there is no relevant adverse immigration history or information in relation to the previously lodged application, applicant or sponsor (if applicable).”
In other words, despite evidently not being a tourist in the true sense, the Department is seemingly open to approving a visitor visa to ‘fix’ the problem of an individual finding themselves overseas without an appropriate BVB for re-entry.
What happens once I am back in Australia?
Once the individual is back in Australia on the new visa, they can apply to have their Bridging Visa “re-instated” in association with their pending application.
For example, if the individual returned on a 1-month visitor visa, they apply to have their Bridging Visa re-instated in that time. Once the 1-month visitor visa has expired, the Bridging Visa will automatically activate (just like before) so the holder can remain in Australia lawfully until a decision is made on their pending substantive visa application. Again, the down-side of utilising a visitor visa in this strategy would be the temporary loss of work rights.
Need assistance?
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