Bridging Visa For Partner Visa Australia
Amanda is an 31 years old women from United States and currently in Australia with work visa. She would like to join her husband Anadarajan who is a permanent resident of Australia. But, she has a problem because she is single. She needs bridging visa for partner visa Australia to join her husband. Bridging visa allows the applicant to stay in Australia while their case is assessed. If they are eligible, they will be granted a permanent residence. Bridging visa applies to applicants who have lodged an application but whose circumstances means they cannot lodge the application within their existing visa conditions (Department of Immigration and Border Protection [DIBP]).
A bridging visa is a temporary visa, allowing someone to stay in Australia while they are applying for a permanent partner visa. The bridging visa is granted by the Department of Immigration, and the applicant must be in Australia when the application is made. The visa lasts for 18 months, and grants certain rights to the applicant. It allows them to continue working or studying in Australia, travel in and out of the country as often as they want and apply for Australian citizenship.
What Type Of Bridging Visa Can Be Granted?
The type of bridging partner visa granted will depend on your visa status at the time that you lodge your application, as follows:
- If you hold a ‘substantive’ visa (that is, any visa excluding a bridging visa, criminal justice visa or an enforcement visa), you will be granted a Subclass 010 Bridging Visa A (BVA);
- If you do not hold a substantive visa, you will be granted a Subclass 030 Bridging Visa C (BVC).
The BVA will come into effect only when your current substantive visa expires. Therefore, you will continue to hold your current visa and be subject to all the rights and obligations which apply to it (i.e. the BVA will not replace it).
The BVC will come into effect immediately upon lodgement of your partner visa application.
What Are Your Rights And Obligations As A Partner Bridging Visa Holder?
The bridging visa for partner visa allows you to remain in Australia whilst you await a decision on your application. You are also permitted to study and to enrol in Medicare as a partner bridging visa holder.
The BVA is subject to nil visa conditions for onshore partner visa applicants. Work rights are automatically granted to BVA holders.
If you are granted a BVC, you will not be permitted to work and must apply separately for workers rights. You will need to demonstrate that you have a compelling need to work.
It is important to note that neither the BVA nor the BVC has travel rights, meaning you will be unable to re-enter Australia on that visa. If you are planning to travel, you need to ensure that you return to Australia either:
- whilst your current substantive visa is still valid (i.e. it has not yet expired)
- once you have been granted a partner visa (if your application is successful); or
- as the holder of a Bridging Visa B (BVB). This visa is identical to the BVA and BVC, the only difference being that it also has travel rights. Like the BVA, the BVB has nil visa conditions. You should apply for the BVB at least 2 weeks before your intended travel date and you should not depart Australia until this is granted.
Addressing the above will ensure that you have the right to re-enter Australia at the conclusion of your travel offshore. If you fail to do so, you will need to apply for a new substantive visa (such as a visitor visa) to allow you to re-enter, adding complications to your situation.
When Will The Bridging Visa End?
The bridging partner visa will cease in the following situations:
- your partner visa is granted;
- you depart Australia whilst the BVA/BVC is in effect;
- you are granted a BVB (as this will replace the BVA/BVC); or
- Immigration cancels either the visa which you held when you were granted the BVA/BVC, or it cancels the BVA/BVC itself.
If your partner visa application is refused, the BVA/BVC will allow you to remain in Australia for up to 35 days after the date of the refusal decision. This will allow you the time to consider your options and either prepare for your departure or to appeal the decision.
Get More Information About The Bridging Visa
To learn more about bridging visas and how they operate more generally (which is also relevant to bridging visa for partner visa Australia holders), please refer to the following articles that we have prepared to assist you further: