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A bridging visa is a temporary visa that provides for a non-citizen to remain lawful in certain circumstances where they do not hold a substantive visa (visa granted for temporary or permanent stay in Australia). The circumstances in which a bridging visa may be granted include where a non-citizen:

• has made an application for a substantive visa (e.g. partner, student and others) which has not been decided;
• has applied for revocation of an automatic student visa cancellation;
• has applied for merits review (Migration Review Tribunal) of a decision to refuse an application for a substantive visa, of a decision to cancel a visa, or of a decision not to revoke a cancellation;
• has applied for judicial review of a decision in relation to a substantive visa;
• is awaiting the outcome of a request for the exercise of the Minister’s intervention powers;
• is in criminal detention; and
• is making, or is the subject of, arrangements to depart Australia.

Application

The requirements for the making of an application for a bridging visa will depend upon the circumstances in which the bridging visa is being sought.

Substantive visa application

A valid application for a substantive visa which is made in Australia will generally also be an application for a bridging visa. If an application for a substantive visa is made on a form which is also an authorised form for the making of a bridging visa application, it will be unnecessary to make a separate bridging visa application.

Note: A bridging visa granted to keep a non-citizen lawful while a substantive visa application is being considered, will cease if it is found the substantive visa application is invalid. If this happens you will be notified by letter that your bridging visa will cease 28 days after the date of that letter.

Merits review (Migration Review Tribunal)

If a non-citizen has applied for merits review of a decision to refuse a substantive visa application within the relevant time limits, and held a bridging visa during the processing of the application by the Department of Immigration and Citizenship (the department), that bridging visa will remain in effect during the merits review proceedings. It is unnecessary to apply for a new bridging visa for such proceedings.

A separate application will be necessary where the merits review proceedings relate to a decision to cancel a visa, or to a decision to refuse to revoke a cancellation. In these circumstances, the non-citizen would only be eligible for the grant of a Bridging visa E and should apply on form 1008

Bridging visas – the 5 classes

Bridging visa A: For applicants who hold a substantive visa when they apply for another substantive visa. The Bridging visa A granted when an applicant applies for a substantive visa generally has the same work conditions as the substantive visa the applicant holds. An applicant who holds a Bridging visa A with work restrictions can be granted unlimited permission to work in certain circumstances.

Bridging visa B: (the travel visa) for those who have a Bridging visa A (or existing Bridging visa B) and have substantial reasons for travelling overseas during processing of their substantive visa application. The Bridging visa B has the same work conditions as the Bridging visa A or B held at the time. There is a charge for this visa.

Bridging visa C: for applicants who do not hold a substantive visa, have made a valid application in Australia for a substantive visa, and have not been located by the department. The Bridging visa C granted when the applicant applies for a substantive visa does not provide permission to work. An applicant who holds a Bridging visa C with work restrictions can be granted unlimited permission to work in some circumstances – see Permission to work on page 2. Note: A Bridging visa C cannot be granted to someone who has been granted a Bridging visa E since they last held a substantive visa.

Bridging visa D: there are 2 sub-classes of Bridging visa D:

• Prospective applicant
  For a non-citizen who is unlawful (or will become unlawful within 3 working days) and wishes to make a substantive application but is unable to do so. For example, where an incorrect form has been used or the correct application charge cannot be paid. In these circumstances a Bridging visa D is granted for 5 working days to allow a valid application to be made. Note: Only 2 visas can be granted for this purpose since an applicant last held a substantive visa.
• Non-applicant
  For an unlawful non-citizen unable or not intending to make a substantive application and an authorised officer is not available to interview them for the purposes of considering their eligibility for a Bridging visa E. In these circumstances, a Bridging visa D is granted for 5 working days within which time the non-citizen must be interviewed at an office of the department or leave Australia.
  Bridging visa E: for those who are unlawful and have presented to, or have been located by, the department, have been previously granted a Bridging visa E, or are a Bridging visa D holder. The Bridging visa E may be granted to applicants who are:
• making arrangements to depart;
• applying for a substantive visa;
• seeking judicial review;
• seeking ministerial intervention;
• in criminal detention; or
• seeking review of a decision to cancel a visa, except in cases where the visa was cancelled under sections 501, 501A or 501B of the Act.

The holder must abide by any conditions placed on the visa (for example, reporting requirements). A security payment may be required.

When does a bridging visa give lawful status?

A bridging visa comes into effect when it is granted, unless you hold a substantive visa in which case it comes into effect when that visa ceases. A bridging visa granted to keep a non-citizen lawful while a substantive visa application is being considered will cease:

• if the substantive visa is granted; or
• when another bridging visa is granted on that substantive visa application; or
• 28 days after notification of a decision to refuse the substantive visa; or
• 28 days after notification of a decision of the review tribunal refusing to grant the substantive visa; or
• if a decision of a review tribunal on a substantive visa is that the applicant meets certain criteria and should be assessed against outstanding criteria, 28 days after notification that
• those criteria have not been met; or
• 28 days after any judicial review proceedings are completed, if an applicant applies for judicial review (unless the court remits the application for further consideration); or
• if a court remits a matter for further consideration by either a review tribunal or primary decision maker, 28 days after notification of the outcome of that reconsideration; or
• 28 days after withdrawal of the substantive visa application;
• on cancellation of any substantive visa held (Bridging visas A, B and C only); or
• if you leave Australia, even if you hold a visa with permission to travel to and enter Australia (Bridging visas A, C, D and E only); or
• if you fail to return to Australia within the time permitted by the visa (Bridging visa B only).
• Bridging visas granted until a date, expire on that date.

Notification

You will be taken to have received notice of a decision 7 working days after the date of the notice. If you are outside Australia you will be taken to have received notice 21 days after the date of the notice. If sent electronically, you will be taken to have received notice at the end of the business day on the date of the notice. You must advise the department if you change your address for more than 14 days, so that any correspondence is sent to the correct address.

Permission to work

Generally, the holder of a Bridging visa A, B, C, or E with work restrictions can apply for a bridging visa for another bridging visa with unlimited permission to work. To be eligible, you need to demonstrate a ‘compelling need to work’, that is:

• you are in financial hardship; or
• you have been nominated or sponsored by an employer for a substantive visa on skills grounds, and appear to meet the requirements for the visa.

If you hold a Bridging visa E because you are seeking judicial review or ministerial intervention, you will not be eligible for permission to work, except in limited circumstances. If you hold a Bridging visa E and have made an initial ministerial intervention request from 1 July 2009, you will

only be permitted to work if you had permission to work on the last bridging visa held, and at the time of making the ministerial intervention request, you had remained lawful since your last substantive visa application was finally determined.

Medicare

Non-citizens in Australia are eligible for Medicare if they have applied for a permanent residence visa other than a Parent visa. They must also hold a valid temporary visa (which includes a bridging visa), and either have permission to work on that temporary visa or have a parent/spouse/de facto partner/child who is an Australian citizen or permanent resident. Note that the Medicare Levy is payable by people eligible for Medicare. Further information about Medicare and the Medicare Levy, can be found at www.medicareaustralia.gov.au

Travel during processing of an application

A Bridging visa B is the only bridging visa which permits return to Australia. Bridging visas A, C, D, or E cease if you leave Australia. You can apply for replacements if you return and your substantive visa application made in Australia has not been finally determined.

Judicial review and ministerial intervention

A bridging visa held for processing of an application for a substantive visa or for merits review proceedings will not remain in effect for any related judicial review proceedings or ministerial

intervention processes. A non-citizen who has applied for judicial review can only be granted a bridging visa in relation to those proceedings if they make an application.

Unlawful non-citizens

Non-citizens in Australia without a current visa are unlawful and must, by law, be detained.

Unlawful non-citizens who are at merits review, have applied for judicial review, or who are awaiting the outcome of a ministerial intervention request, should contact the nearest office of the department to apply for a bridging visa or otherwise regularise their immigration status.