Introduction
For the question of when a bridging visa comes into effect, please refer to my earlier article Can a Bridging Visa Take Effect Immediately After Lodgement? A Detailed Look at the Priority of Bridging Visas Between Different Visas. Today we will discuss when a bridging visa ceases.
In most cases, the validity period of a bridging visa is not really something that needs to be discussed. Normally, once the substantive visa that has been applied for is granted, the bridging visa naturally ceases. What we are discussing today, therefore, is actually a number of special situations.
Why Understanding the Validity of a Bridging Visa Matters
While a bridging visa is in effect, there are actually quite a few things you can do. For example, while holding 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 validity of your bridging visa and become unlawful as a result, you may face the “three-year ban on applying for Australian visas” penalty. This will be described in detail in my next article “Which Situations Lead to a 3-Year Ban on Visa Applications? A Detailed Explanation of Migration Law PIC 4013, 4014, 4020” — stay tuned.
A Tip for Reading Legislation
Many readers often find it difficult to understand when reading legislation, so before formally explaining bridging visa validity, I’d like to share a tip for reading legislation: simply put the adverbial clauses aside for the moment (or put them in brackets) and first read the subject, verb and object.
For example, the introduction mentioned that once the substantive visa is granted, the bridging visa ceases. Taking Bridging Visa A as an example, this comes from Clause 010.511(b)(i). You only need to read the blue portion in the image below to understand it (bridging visa permitting the holder to remain in Australia until the grant of the visa). The rest (the yellow adverbial portion) can be set aside for now. Read the blue portion first, then expand your understanding to the yellow portion, and it will be much easier to grasp. This is also one of the techniques for tackling long and difficult sentences in IELTS reading:
Validity in Special Situations: Refusal, AAT Appeal, Visa Withdrawal, Visa Cancellation, etc.
After mastering the legislation-reading method from the previous section, we can very easily understand how long a Bridging Visa A remains in effect in other special situations. The legal text is as follows:
The legislation above can roughly be summarised in the table below:
As you can see, only when the visa held is cancelled will the bridging visa cease immediately. In most other special situations, the bridging visa will still remain valid for 35 days after a certain “event” occurs.
It is worth noting, however, that there is another special situation, namely an appeal (judicial review) to the Federal Circuit Court (FCC). In this case, unlike the 35 days of validity after an AAT appeal outcome, only 28 days apply. Part of the legal text is below:
A Bridging Visa Ceases Upon Departure from Australia
The very purpose of a bridging visa is to allow the holder to remain in Australia pending the outcome of a visa application. Once the holder departs, it ceases under Section 82(8) of the Migration Act. A Bridging Visa B will also cease on departure if its travel validity has expired (i.e. it cannot be used to re-enter). The legal text is below:
Of course, a Bridging Visa B will not expire if the holder departs and re-enters before the travel validity has expired. After all, Bridging Visa B exists precisely for travel. For issues relating to Bridging Visa B validity, see my earlier article Once a Bridging Visa B’s “Validity Period” Expires, Does It Automatically Revert to Bridging Visa A?.
Travelling While the Substantive Visa Is Still Valid Does Not Cause the Bridging Visa to Cease
The rule that a bridging visa ceases on departure has a prerequisite: the bridging visa must have come into effect before departure in order for departure to cause it to cease. This is explained in detail in the Department of Home Affairs’ Procedures Advice Manual (PAM), as shown in the image below:
For example, Xiao Ming’s 485 visa expires on 30 June 2023. If Xiao Ming lodges a 189 application on 1 April and is granted a Bridging Visa A, then Xiao Ming returning to China on 1 May and re-entering Australia on 1 June will not cause the Bridging Visa A attached to the 189 to cease. Once Xiao Ming’s 485 expires on 30 June, the 189 Bridging Visa A will immediately come into effect.
Conclusion
That’s all for the validity of bridging visas. Compared to the validity of a substantive visa, a bridging visa has no fixed length and is obviously much more complex. This article is only a brief overview, covering the more common situations for Bridging Visas A, B and C that most people encounter. Other bridging visas (such as Bridging Visa E) are not discussed here.
