Bridging Visa A BVA- subclass 010

Bridging Visa A BVA- subclass 010, Australian visa consultant, Visa Help Australia, Skilled Migration Consultants

Bridging Visa A BVA- subclass 010: What this Bridging visa A lets you do

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

If you still hold a current  substantive visa when your BVA is granted, you must continue to comply with any conditions that are on that substantive visa. When your substantive visa ends, the conditions of your BVA will apply.

Bridging Visa A BVA- subclass 010: Why do I need a bridging visa?

You need a bridging visa to stay in Australia if your substantive visa ends before you are granted another substantive visa. 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 A BVA- subclass 010: Cost

There is no charge for a BVA application.

Bridging Visa A BVA- subclass 010: Who could get this visa

You will have automatically applied for a BVA 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 still held a substantive visa.

We will tell you if this happens.

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

  • you were granted a BVA or a Bridging visa B (BVB) but this has  ended  and you meet the requirements for another BVA
  • your current BVA or BVB 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 BVA to be granted.

Bridging Visa A BVA- subclass 010: Including family in your application

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

If you apply separately for a BVA, 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 A BVA- subclass 010: How to apply

You will have automatically applied for a BVA if you applied in Australia for a certain type of visa when you were still 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 BVA 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 BVA 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 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, such as certifying and translating documents into English, communicating with us, using a registered migration agent, authorising another person to receive information from us, and receiving assistance with your application.

Bridging Visa A BVA- subclass 010: After you have applied

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

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

Note: Contact us if you do not receive a letter advising of the BVA 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.

We could also ask you for more information. You will have to respond by a set date. After that date, the department of immigration and border protection 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 us information that could result in you being refused a visa, the department of immigration and border protection 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 A BVA- subclass 010: Report changes in circumstances

You must tell us 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 might be able to update your details using ImmiAccount.

Bridging Visa A BVA- subclass 010: 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 us 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.

Bridging Visa A BVA- subclass 010: 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 A BVA- subclass 010: How long your visa lasts

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

A BVA will end immediately if the following situations occur:

  • you leave Australia while your BVA is in effect
  • you are granted the substantive visa you applied for
  • you are granted another Bridging visa (such as a BVB) in relation to the same substantive visa application that this BVA is associated with
  • we cancel either your BVA or the substantive visa that you held when you were granted the BVA.

If your BVA was granted on or after 19 November 2016.

Your BVA will end:

  • 35 calendar days after:
    • a decision (either by the department or the Administrative Appeals Tribunal (AAT)) in relation to your associated substantive visa application
    • a determination that your application is invalid (either the substantive visa application or an application for review by the AAT)
    • withdrawal of your application (either the substantive visa application or an application for review by the AAT).
  • 28 calendar days after:
    • a judicial review body upholds the decision to refuse your substantive visa application,
    • you withdraw a related judicial review application.

If your BVA was granted before 19 November 2016

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

  • we notify you that your substantive visa application is not valid
  • we notify you that your substantive visa application has been refused
  • we 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 it has 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 A BVA- subclass 010: What this Bridging visa A lets you do

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

If you still hold a substantive visa when your BVA is decided, you must  comply with  any conditions that are on that substantive visa. When your substantive visa ends, the conditions of your BVA will apply.

Working in Australia while you hold a BVA

We will tell you if you can work when your BVA is granted.

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

We 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 BVA, the department of immigration and border protection will grant you a new BVA with the same work prevention or restriction condition that was on your previous BVA.

You cannot be granted a new BVA that  lets you work if:

  • your BVA was granted to you because you have applied for judicial review of the decision made on your substantive visa application, and
  • that BVA prevents or restricts you from working in Australia.

Travelling outside Australia while you hold a BVA

A BVA lets you temporarily stay in Australia. It will usually end when you leave Australia. If you travel outside Australia, you need a visa to return. You can do one of the following:

  • apply for and be granted a Bridging visa B (BVB) before you travel (if you do not have a substantive visa that allows you to travel or if your substantive visa  will expire before you return)
  • travel on your current substantive visa (if you have one that allows you to travel and enter Australia on your intended arrival date).

If your substantive visa ends while you are outside Australia and you do not hold a BVB, you will need to apply for and be granted a substantive visa before you can return to Australia. There is no guarantee that you will be granted a visa.

Bridging Visa A BVA- subclass 010: Your obligations

You must comply with all Australian laws and visa conditions.

You must tell us 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.

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