Bridging Visas in Australia: What You Need to Know

Bridging visas play a crucial role in maintaining legal status while awaiting a decision on a substantive visa. Understanding the different types and their purpose is essential for both individuals and employers.

Substantive Visas vs Bridging Visas

A substantive visa is any visa that allows a person to lawfully stay in Australia for a specific purpose, such as work, study, or family migration. These visas include temporary and permanent options, such as skilled work visas, student visas, and family-sponsored visas.

A bridging visa, on the other hand, is a temporary visa granted to non-citizens to maintain lawful status in Australia. The purpose of Bridging Visas is to allow non-citizens to:

• Stay lawfully in Australia while awaiting a substantive visa decision.
• Continue working (depending on visa conditions).
• Travel outside Australia (only with a Bridging Visa B).
• Make necessary arrangements to leave the country.
• Await the outcome of a Ministerial Intervention or judicial review.

Common Misconceptions

Many migrants assume that their bridging visa is activated as soon as they lodge a new visa application. However, a bridging visa only comes into effect if the current visa expires before a decision is made on the new application. If the existing visa is still valid when the new visa is approved, the bridging visa is never activated.

Bridging Visa A (BVA): The Most Common Bridging Visa

For individuals transitioning from one substantive visa to another, the Bridging Visa A (BVA) is the most commonly issued bridging visa. Its benefits include:

• Maintaining lawful status in Australia.
• The ability to apply for a Bridging Visa B (BVB) to travel overseas while waiting for a visa decision.
• Work rights depending on previous visa conditions and the subsequent visa you have applied for.

Work Rights on a BVA: Understanding the Conditions

A Bridging Visa A (BVA) generally carries the same work conditions as the substantive visa the applicant held when applying. However, in some cases, a BVA may be granted without work restrictions (nil conditions), meaning the visa holder can work freely.

This applies if:

• The person can demonstrate a compelling need to work (e.g. financial hardship).
• The visa application is for an onshore partner or parent visa.
• The person has applied for an Employer-Sponsored visa (Subclass 186, 187, or 494) or a General Skilled Migration (GSM) visa (Subclass 189, 190, 491, or 887).
• The person is applying for a Subclass 485 (Temporary Graduate) visa, which only requires them to maintain health insurance (condition 8501).

Key Takeaway for Employers:

• If a skilled worker is moving from a temporary visa (like a 482) to a permanent skilled visa (for example, a 186 ENS visa), their BVA will have no work restrictions.
• This means they can continue working without delay, making the transition smoother for both the employee and employer.

Sarah, an accountant, is on a Skills in Demand (SID) 482 visa. Her employer has sponsored her for a permanent Employer Nomination Scheme (ENS) Subclass 186 visa.

1. Sarah applies for the ENS 186 visa while her Subclass 482 visa is still valid.
2. A Bridging Visa A (BVA) is granted but does not activate yet because her 482 visa is still in effect.
3. Her work rights remain the same as those of her Subclass 482 visa.
4. If Sarah wants to travel overseas while her ENS 186 visa is being processed, and her 482 visa is still valid, she does not need to apply for a BVB as her BVA has not yet been activated.

1. Sarah’s Subclass 482 visa expires while she is waiting for a decision on her ENS 186 application.
2. Her Bridging Visa A (BVA) comes into effect, allowing her to remain in Australia lawfully.
3. Because Sarah applied for an Employer-Sponsored visa (Subclass 186), her BVA is granted with nil conditions.
4. If Sarah now wants to travel overseas, she must apply for a Bridging Visa B (BVB) before leaving Australia.

How Bridging Visas Impact Businesses

Employers must understand bridging visa conditions to avoid disruptions in employment and compliance risks. Some key considerations include:

• Ensuring employees on bridging visas have valid work rights.
• Understanding the impact of bridging visas on payroll and compliance.
• Assisting employees with applications for Bridging Visa B (BVB) if international travel is required.

Need Help Navigating Bridging Visas?

Understanding bridging visas can be challenging, but we are here to help. If you need assistance with visa applications, compliance, or work rights for your employees, contact us today for expert guidance.