The Bridging Visa A (Class WA, Subclass 010) is a temporary visa designed to allow lawful non-citizens to remain in Australia lawfully while their application for a new substantive visa is being processed. It effectively "bridges" the gap between a previous visa and a future one, ensuring the holder does not become an unlawful non-citizen while waiting for a decision.
This guide covers the essential aspects of the BVA, including eligibility, application procedures, visa duration, conditions, and travel restrictions.
Purpose and Overview
The primary function of the Subclass 010 Bridging Visa A is to maintain a non-citizen's lawful status in Australia. It is generally granted to individuals who currently hold a valid substantive visa and have lodged a valid application for another substantive visa while legally in the country.
Unlike substantive visas (such as student, partner, or skilled work visas), a bridging visa does not usually come into effect immediately upon grant. Instead, it sits "in waiting" and only becomes active once the applicant's current substantive visa expires.
Eligibility Criteria (Primary Criteria)
To be eligible for a Bridging Visa A, an applicant must satisfy specific criteria set out in the Migration Regulations (Schedule 2, Clause 010.211). The applicant must be in Australia at the time of application and grant.
Standard Eligibility
The most common pathway to meeting the requirements is if the applicant:
- Has made a valid application in Australia for a substantive visa that can be granted while they are in Australia
- Holds a substantive visa at the time of making that application
- The application for the substantive visa has not yet been finally determined
Judicial Review Applicants
An applicant may also be eligible if they are seeking judicial review of a decision regarding their substantive visa application. In this scenario, the applicant must:
- Have applied for judicial review of a decision relating to a substantive visa application within statutory time limits
- Hold a Bridging A or Bridging B visa at the time of the judicial review application
Family Members
Family members can also satisfy the criteria if they are combined in the application with the primary applicant or if they are a family member of a person pursuing judicial review proceedings, provided strict validity and timing requirements are met.
The Application Process
Automatic Grant
In many cases, a formal separate application for a BVA is not required. Under Regulation 2.21B, the Minister may grant a Bridging A visa without a specific application if a non-citizen makes a valid application for certain substantive visas while in Australia. This is often referred to as an "automatic grant" associated with the lodgement of the new visa application.
Separate Application
If a BVA is not granted automatically, or if a non-citizen wishes to apply for a BVA to change their conditions (such as applying for work rights), they may lodge a separate application. This is particularly relevant if the initial BVA was granted with a "No Work" condition (8101) and the applicant wishes to demonstrate a "compelling need to work" to have a new BVA granted without that condition.
When the Visa is in Effect (Duration)
A critical concept of the BVA is when it actually operates.
Commencement: The BVA generally comes into effect as soon as the substantive visa held by the non-citizen ceases. If the applicant holds no substantive visa at the time of grant, it may come into effect upon grant.
Cessation: The BVA permits the holder to remain in Australia until a specified event happens. The cessation rules are strict and depend on the outcome of the substantive visa application:
Grant of Substantive Visa
If the new visa is granted, the BVA ceases immediately.
Refusal of Substantive Visa
If the application is refused, the BVA generally ceases 35 days after the Minister's decision.
Merits Review (ART)
If the applicant applies to the Administrative Review Tribunal (ART) within the prescribed time, the BVA remains in effect until 35 days after the ART makes its decision.
Withdrawal
If the applicant withdraws their visa application or review application, the BVA ceases 35 days after the withdrawal.
Invalid Application Review
If the ART decides the review application was not validly made, the BVA ceases 35 days after that decision.
Crucial Warning on Travel
A Subclass 010 BVA ceases to be in effect immediately if the holder leaves Australia. Unlike the Bridging Visa B (BVB), the BVA does not provide any right to re-enter Australia. If a BVA holder departs Australia, they may be unable to return unless they obtain a different visa.
Visa Conditions
The conditions attached to a Bridging Visa A are determined by the specific circumstances of the applicant and the type of substantive visa they have applied for.
Work Rights
Work rights on a BVA are not guaranteed. They often mirror the conditions of the substantive visa held at the time of application or the conditions usually associated with the visa being applied for.
- Condition 8101 (No Work): This condition prohibits the holder from engaging in work in Australia.
- Lifting the Work Ban: An applicant subject to Condition 8101 can apply for a new BVA with work rights if they can demonstrate a "compelling need to work" (usually defined as financial hardship).
- Protection Visa Applicants: Specific rules apply to protection visa applicants regarding work rights, often involving delays in the application process.
Mandatory Conditions
For certain applicants, such as those applying for Parent (Subclass 103) or Contributory Parent (Subclass 143) visas, specific conditions may be mandatorily imposed, including:
- Condition 8104: Restricts work to 40 hours a fortnight (often applied if the previous visa had this restriction).
- Condition 8303: Prohibits disruptive activities or violence.
- Condition 8501: Requires the holder to maintain adequate health insurance.
Travel Restrictions and Bridging Visa B
It is vital to distinguish between Bridging Visa A (Subclass 010) and Bridging Visa B (Subclass 020).
BVA (Subclass 010)
Allows the holder to remain in Australia but ceases upon departure.
BVB (Subclass 020)
Allows the holder to leave and re-enter Australia during a specified travel period.
If a BVA holder needs to travel overseas temporarily and return to Australia while their substantive visa application is processing, they must apply for and be granted a Bridging Visa B before leaving Australia. Departing Australia on a BVA without a BVB will result in the forfeiture of the bridging visa and potentially the inability to return.
Judicial Review
Judicial Review Process
If a substantive visa application is refused and subsequently upheld by the ART, the BVA will cease 35 days after the ART decision. If the applicant wishes to pursue judicial review (appeal to a court regarding a legal error), they must apply for a new bridging visa to remain lawful during the court proceedings.
Regulations allow for the grant of a bridging visa in relation to judicial review, but strictly require that the applicant applies for the judicial review within statutory time limits and holds a valid bridging visa at the time. The BVA granted for judicial review will typically permit the holder to remain until the proceedings are completed (plus 28 days).
Cancellation
A Bridging Visa A can be cancelled. Common reasons for cancellation include:
- Breach of visa conditions (e.g., working when subject to Condition 8101).
- The holder is found to be a danger to the community or engages in criminal conduct.
- The holder's substantive visa application is found to be invalid.
If the substantive visa application is invalid, the BVA associated with it may also be considered invalid or liable for cancellation.
Summary Table
| Feature | Details |
|---|---|
| Visa Class | Bridging A (Class WA) |
| Subclass | 010 |
| Who can apply? | Lawful non-citizens in Australia applying for a substantive visa. |
| Travel Rights | None. Ceases upon departure. Must apply for BVB to travel. |
| Work Rights | Depends on the substantive visa applied for and financial hardship ("compelling need to work"). |
| Duration | Generally until a decision is made on the substantive application (plus 35 days if refused). |
| Cost | Usually Nil base application charge. |
Frequently Asked Questions
Can I travel overseas on a Bridging Visa A?
No. A Bridging Visa A carries no travel facility. If you leave Australia you cannot use it to return, and your substantive application may be affected. If you need to travel you must apply for and be granted a Bridging Visa B before you depart.
When does a Bridging Visa A come into effect?
It generally does not come into effect on the day it is granted. A Bridging Visa A usually becomes active only when your existing substantive visa ceases. Until then you remain on your substantive visa and its conditions continue to apply.
Can I work on a Bridging Visa A?
It depends on the conditions attached to your particular visa. Some Bridging Visa A grants carry unrestricted work rights while others carry a work restriction, often linked to the visa you held before. Check your actual conditions through VEVO rather than assuming, particularly before starting new employment.
Do I need to apply for a Bridging Visa A?
Usually not separately. A Bridging Visa A is generally granted automatically when you lodge an eligible substantive visa application while you are in Australia and hold a substantive visa at the time.
How long does a Bridging Visa A last?
It remains in effect while your substantive visa application is being processed. Once a decision is made it ceases after a defined wind up period, which differs depending on whether the application was approved or refused and whether you have review rights.
What happens to my Bridging Visa A if my application is refused?
It generally continues for a limited period after the refusal so you can arrange your affairs, seek review or depart. If you apply for merits review within time, a bridging visa can usually continue while the review is on foot. Get advice quickly, because these periods are short and strictly applied.
Disclaimer: This guide is based on the Migration Regulations 1994 as provided in the source text. Migration laws are complex and subject to change. This article does not constitute legal advice. Always consult a registered migration agent or the Department of Home Affairs for the latest information.