Introduction
Regarding when a Bridging Visa takes effect, please refer to my earlier article “Can a Bridging Visa Take Effect Immediately After Lodgement? A Detailed Explanation of Priority Between Different Visas”. Today we will discuss when a Bridging Visa ceases to be in effect.
In most cases, the validity period of a Bridging Visa does not need to be discussed. Normally, once the substantive visa being applied for is granted, the Bridging Visa automatically ceases. So what we are discussing today is actually some special circumstances.
Why it matters to understand the validity of a Bridging Visa
During the Bridging Visa’s validity, there are actually many things you can do. For example, while holding a Bridging Visa A, B or C, you can still lodge a skilled migration application, and even during a refusal appeal you can still apply for a 190 or 491. For details, see my earlier article “Is There Still Hope After an Onshore Refusal? A Detailed Explanation of Section 48, AAT Appeals and Refusal-Rescue Methods”.
In addition, if you are unaware of the Bridging Visa validity and end up becoming unlawful, you may be subject to the penalty of “a 3-year ban on applying for Australian visas”. This will be described in detail in my next article “Which Circumstances Trigger a 3-Year Bar on Visa Applications? A Detailed Explanation of PIC 4013, 4014 and 4020 under Migration Law” — stay tuned.
A tip for reading legislation
Many readers find it difficult to understand the legislation. So before formally explaining the validity of a Bridging Visa, I’d like to share a small tip for reading legislation: just temporarily ignore the adverbial clauses (or put them in brackets) and read the subject, verb and object first.
For example, the introduction mentioned that a Bridging Visa expires once the substantive visa is granted. Taking Bridging Visa A as an example, the relevant provision comes from Clause 010.511(b)(i). You only need to read the blue part in the image below to understand (bridging visa permitting the holder to remain in Australia until the grant of the visa). The rest (the yellow adverbial part) can be ignored for now. Read the blue part first, then expand to the yellow part, and it becomes much easier to understand. This is also one of the techniques for tackling long and difficult sentences in IELTS reading:
Validity issues in special circumstances: refusal, AAT appeal, visa withdrawal, visa cancellation, etc.
Once you have mastered the reading method in the previous section, it becomes very easy to understand how long Bridging Visa A remains in effect in other special circumstances. Below is the legal text:
The table below can be broadly summarised from the provisions above:
As you can see, only when the current visa is cancelled will the Bridging Visa expire immediately. In most other special circumstances, the Bridging Visa will still remain valid for 35 days after a certain “event” occurs.
However, it is worth noting that there is another special scenario, which is a judicial review at the Federal Circuit Court (FCC). In that case, unlike the 35-day period following an AAT outcome, the validity is only 28 days. Part of the legal text is as follows:
A Bridging Visa expires upon departure from Australia
The very purpose of a Bridging Visa is to allow the holder to remain in Australia while waiting for a visa outcome. Once the holder departs, the visa will expire under Section 82(8) of the Migration Act. If the travel facility on a Bridging Visa B has already expired (and therefore cannot re-enter), it will also expire upon departure. The legal text is as follows:
Of course, if a Bridging Visa B holder leaves and re-enters Australia before the travel facility expires, the visa will not expire. After all, Bridging Visa B exists precisely for travel. For details on the validity of Bridging Visa B, please refer to my earlier article “Once the Bridging Visa B ‘Validity Period’ Ends, Does It Automatically Revert to Bridging Visa A?”.
Entering and leaving Australia while a substantive visa is in effect does not cause the Bridging Visa to expire
The rule that a Bridging Visa expires on departure has a precondition, namely that the Bridging Visa must have first come into effect before the departure for the expiry rule to apply. This is explained in detail in the Department of Home Affairs’ Procedures Advice Manual (PAM), as shown below:
For example, Xiao Ming’s 485 visa expires on 30 June 2023. If Xiao Ming lodged a 189 application on 1 April and was granted a Bridging Visa A, then Xiao Ming returning to China on 1 May and coming back to Australia on 1 June will not cause the 189 Bridging Visa A to expire. After Xiao Ming’s 485 expires on 30 June, the 189 Bridging Visa A will immediately take effect.
Conclusion
That’s all I’ll cover on the validity of Bridging Visas. Compared with the validity period of a substantive visa, a Bridging Visa has no fixed length and is clearly far more complex. This article only scratches the surface, covering the Bridging Visas A, B and C that people most commonly encounter. Other Bridging Visas (such as Bridging Visa E) are not discussed here. If you encounter other complex situations, feel free to contact me for a discussion.
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