Bridging Visa C – BVC subclass 030

Bridging Visa C – BVC subclass 030: What the Bridging visa C lets you do

A BVC allows you to remain lawfully in Australia until a decision is made on your substantive visa application.

You must comply with any conditions on your BVC when it is in effect.

Bridging Visa C – BVC subclass 030: Why do I need a bridging visa?

You need a bridging visa to remain lawful in Australia until a final decision is made on your new substantive visa application. If you are in Australia without a visa, you become an unlawful non-citizen for that period of time. Being an unlawful non-citizen in Australia can cause problems for you, such as:

• if you are granted a permanent visa and later apply for Australian citizenship, you might not be eligible to become an Australian citizen as soon as you would like to because you were an unlawful non-citizen for a period of time
• if your substantive visa application is refused and you leave Australia and you later apply for another visa outside Australia you might not be able to be granted another visa for three years after you leave Australia.

Bridging Visa C – BVC subclass 030: Cost

There is no charge for a BVC application.

Bridging Visa C – BVC subclass 030: Who could get  this Bridging visa C

You might have automatically applied for a BVC if you applied for certain substantive visas and:

• you are in Australia
• the substantive visa can be granted to you while you are in Australia
• when you lodged that application, you did not hold a substantive visa
• you do not hold a Bridging visa E (BVE) and you have not held a BVE since you last held a substantive visa.

The department of immigration and border protection will let you know if this happens.

You can apply separately for a BVC after you have applied for a substantive visa in Australia if:

• you had previously been granted a BVC, but this has ended (for example, due to departure from Australia) and you are still eligible for another BVC
• your current BVC either does not allow you to work in Australia, or there are work restrictions but you believe you have a compelling need to work. The department of immigration and border protection might ask you to provide evidence that you are in financial hardship
• you apply for  judicial review after a merits review tribunal upholds the department of immigration and border protection decision to refuse your substantive visa application, as you will need a separate bridging visa to maintain your  lawful status during the judicial review proceedings.

Further criteria must be satisfied for the BVC to be granted.

Bridging Visa C – BVC subclass 030: Including family in your application

If you and your family have applied together in Australia  for a substantive visa in Australia, you might  have also applied together for a BVC. However, each member of the family will have to meet the requirements for a BVC in their own right.

If you apply separately for a BVC, you can include the following people in your visa application:

• your partner
• your child/step-child or your partner’s child/step-child.

For detailed information regarding who you can include in your application see  including family members in your application.

Bridging Visa C – BVC subclass 030: How to apply

You will have automatically applied for a BVC if you applied in Australia for a certain type of visa when you were not the holder of a substantive visa. In this case, you do not need to lodge a separate application for a Bridging visa. This includes most visas that can be granted while you are in Australia except for medical treatment visas, visitor visas, resident return visas, bridging visas, enforcement visas and criminal justice visas.

If you need to apply for a BVC separately, there are two options available to you, depending on how you applied for your associated substantive visa. These are outlined below.

Note:  you and anyone included in your application must be in Australia when the BVC application is both lodged and granted. Emailed and faxed applications will not be accepted unless you have been specifically permitted to do so by your case officer.

Lodge your application online

You can apply online using  ImmiAccount  if you have applied for your substantive visa through ImmiAccount and a primary decision has not yet been made on that application.

Note:  You cannot apply online if you have made an application for merits or judicial review.

Lodge your application by post or courier

If online lodgement is not available, you can complete the following form:

• Form 1005 Application for a bridging visa (150KB PDF).

Send the application form with all necessary documents to the  Australian office  that is processing your associated substantive visa application.

More information

There is more  information to help you prepare your application, which gives advice about certifying and translating documents into English, communicating with us, using a migration agent, authorising another person to receive information from us, and receiving assistance with your application.

Bridging Visa C – BVC subclass 030: After you have applied

You will receive written advice when a decision is made on your BVC application.

If you are granted a BVC you will also receive advice about any conditions that might be on it.

Note:  Contact the department of immigration and border protection if you do not receive a letter advising of the BVC decision within seven working days of the date that you lodged your online application for a substantive visa as there might be a technical error.

Provide more information

You can provide more information to us, in writing, at any time until a decision is made on the application. If you want to correct information you provided, use:

• Form 1023 Notification of incorrect answer(s) (99KB PDF).

Send the form with all necessary documents to the relevant  visa and citizenship  office in  Australia  that is processing your associated substantive visa application.

The department of immigration and border protection could also ask you for more information. You will have to respond by a set date. After that date, they  can make a decision about your application using the information that they have.

If you applied online, you can provide additional information, including Form 1023, using ImmiAccount.

If another person gives the department of immigration and border protection information that could result in you being refused a visa, they  will  usually give you the opportunity to comment on the information.

You might also be interviewed by us. If you are asked to attend an interview in person, bring your passport or other identification and any requested documents to the interview.

Bridging Visa C – BVC subclass 030: Report changes in your circumstances

You must tell the department of immigration and border protection if your circumstances change. This includes a new residential address, a new passport, or a pregnancy, birth or death in your family.

You can use the following forms:

• Form 929 Change of address and/or passport details (86KB PDF)– if you move to a new address or change your passport
• Form 1022 Notification of changes in circumstances (77KB PDF)– if there are other changes in your circumstances.

Send the form(s) with all necessary documents to the relevant  visa and citizenship  office in  Australia  that is processing your associated substantive visa application.

If you applied online, you should update your details using  ImmiAccount  where possible.

Bridging Visa C – BVC subclass 030: Withdrawing your application

You can withdraw the application at any time before the department of immigration and border protection make a decision about it. To do this, send them a letter or email to ask for the withdrawal. Your request must include your full name, date of birth, and the date of your application. If you know it, you should also include the number the department of immigration and border protection gave you when you applied — this could be a file reference number, client ID, or a Transaction Reference Number.

Everyone included in the application who is 18 years of age or older must sign the letter of withdrawal or send a separate email or letter.

Bridging Visa C – BVC subclass 030: Visa decision

If the visa is granted, the department of immigration and border protection will send you a letter to tell you:

• when you can use the visa
• the visa grant number
• any conditions attached to the visa.

You will not have a visa label placed in your passport.

If the visa is not granted, the department of immigration and border protection will send you a letter or email to tell you:

• why the visa was refused
• your review rights (if any)
• the time limit for lodging an appeal

Bridging Visa C – BVC subclass 030: How long your visa lasts

Usually, a BVC comes into effect as soon as it is granted or when your current substantive visa ends.

A BVC will end immediately if any of the following situations occur:

• you leave Australia while your BVC is in effect
• you are granted the substantive visa you applied for
• you are granted another Bridging visa in relation to the same substantive visa application that this BVC is associated with
• the department of immigration and border protection cancel  your BVC or the substantive visa that you held when you were granted a BVC.

If your BVC was granted on or after 19 November 2016

Your BVC will end:

• 35 calendar days after:

o       a decision (either by the department or the Administrative Appeals Tribunal (AAT) in relation to your associated substantive visa application

o       a determination that your application is invalid (either the substantive visa application or an application for review by the AAT)

o       withdrawal of your application (either the substantive visa application or an application for review by the AAT).

• 28 calendar days after:

o       a judicial review body upholds the decision to refuse your substantive visa application,

o       you withdraw a related judicial review application.

If your BVC was granted before 19 November 2016

Your BVC will end 28 days after the date that  one  of the following happens:

• the department of immigration and border protection notify you that your substantive visa application is not valid
• the department of immigration and border protection notify you that your substantive visa application has been refused
• the department of immigration and border protection receive your  written request to withdraw your substantive visa application
• a merits review tribunal notifies you that it has upheld the department of immigration and border protection decision to refuse your substantive visa application
• a merit review tribunal notifies you that they have no jurisdiction to consider your application for review
• a merits review tribunal or a judicial review body receives your  written request to withdraw your application for merits or judicial review
• a judicial review body upholds the decision to refuse your substantive visa application.

Bridging Visa C – BVC subclass 030: What the Bridging visa C lets you do

A BVC allows you to stay in Australia until a decision is made on your substantive visa application.

Working in Australia while you hold a BVC

The initial BVC that is granted to you when you apply for your substantive visa will not allow you to work, unless the substantive visa you have applied for is one of the following Skill Select visas:

• Business Talent visa (subclass 132)
• Business Innovation and Investment (Provisional) visa (subclass 188)
• Business Innovation and Investment (Permanent) visa (subclass 888)
• Employer Nomination Scheme visa (subclass 186)
• Regional  Sponsored Migration  Scheme visa (subclass 187)
• Skilled – Independent visa (subclass 189)
• Skilled – Nominated visa (subclass 190)
• Skilled – Regional (Provisional) visa (subclass 489).

If your BVC does not let you work in Australia or has restrictions on working, you can apply for another BVC that lets you work. To be considered for a BVC that lets you work, you will usually have to demonstrate that you are in financial hardship.

the department of immigration and border protection will assess your circumstances in relation to your claim that you need to work. If you do not meet the requirements for work, and you are still eligible for a BVC, the department of immigration and border protection   will grant you a new BVC with the same work prevention or restriction condition that was on your previous BVC.

If you are a  SkillSelect  visa applicant  and you  apply for a BVC for  judicial review of the decision to refuse your  substantive  visa application, you can be granted a new BVC that allows you to work.

If you are a  Protection  visa applicant and you apply for a BVC for judicial review of the decision to refuse your substantive visa application, you can only be granted a new BVC that allows you to work if the last BVC granted to you allowed you to work.

If you  are not a Protection or  SkillSelect  visa applicant and you apply for a  BVC  for judicial review of the decision to refuse your substantive visa application, you can only be granted a new BVC that will  not allow you to work, even if your last BVC allowed you to work.

Travelling outside Australia while you hold a BVC

A BVC lets you temporarily stay in Australia. It will usually end when you leave Australia.

the department of immigration and border protection recommend that you do not leave Australia until your substantive visa application is decided, because a BVC holder cannot be granted a  Bridging visa B (BVB)  which allows you to leave and return to Australia.

If you have an urgent need to travel outside Australia, you should contact your case officer to discuss your options.

If you leave Australia and you do not hold another visa that allows you to return, you will have to apply for and be granted a substantive visa before you can return to Australia. There is no guarantee that you would be granted a visa.

Bridging Visa C – BVC subclass 030: Your obligations

You must comply with all Australian laws and visa conditions.

You must tell the department of immigration and border protection if your circumstances change. This includes a new residential address, a new passport, or a pregnancy, birth or death in your family.

You can use the following forms:

• Form 929 Change of address and/or passport details (86KB PDF)– if you move to a new address or change your passport
• Form 1022 Notification of changes in circumstances (77KB PDF)– if there are other changes in your circumstances.

Send the form(s) with all necessary documents to the relevant  visa and citizenship  office in  Australia  that is processing your associated substantive visa application.

If you applied online, you should to update your details using  ImmiAccount  where possible.

Source: The Australian Department of Home Affairs (www.homeaffairs.gov.au). Please visit www.border.gov.au to get updated information.