A brief Overview of Bridging Visa A Subclass 010 (BVA)

Immigration

Bridging Visa A is a provisional visa that permits someone to live in Australia after their substantive visa expires and application for the new visa is still in process. It allows you to stay lawfully in Australia until a decision is made about your substantive visa. It aims to bridge the gap between a previous visa and the visa that is being applied. However, bridging visas is valid only when you are present in Australia and it does not allow you to return to Australia if you leave the country.

Common eligibility criteria for Bridging Visa A?

  • There is no age limit to applying for this visa.
  • One must hold a substantive visa.
  • One must be present in Australia while applying for the Bridging Visa A.
  • One must apply for Bridging Visa A within the given timeframe.
  • A valid application must be made for a substantive visa that has not yet been granted.

Or

  • An application for judicial review of a decision regarding substantive visa application has been made within the given time period and the judicial review proceedings have not been completed yet.
  • One must meet the character requirements or pass the character test.

When a BVA comes into effect and expires?

A BVA becomes valid either on the date Bridging visa A  is approved or when a substantive visa ends.

A BVA becomes invalid in one of the following situations:

  • A BVA ends on the date on which the substantive visa related to the BVA is approved.
  • If a substantive visa application related to the BVA is not granted, considered invalid or withdrawn, the respective BVA ceases to exist after 35 days.
  • A BVA gets terminated 28 days after you apply in the court for a review of the refusal and the court proceedings are either withdrawn or completed.
  • When a BVA or a substantive visa held is canceled, the BVA becomes invalid from the date on which it is canceled.
  • An existing BVA expires on the date on which a new BVA is granted. This may happen when someone is not allowed to work on their first BVA and is subsequently granted a new bridging visa A without any work limitations due to the financial crisis.

If a new substantive visa is not granted and a BVA expires, it will be illegal to stay in Australia. In that case, one should leave the country to avoid any travel bans.

Conditions when BVA is granted

It is not necessary to apply separately for a BVA as visa subclass 010 is deemed to be applied when you submit an application for a substantive visa in Australia. A BVA may be granted in the following situations.

  • You hold a substantive visa 1 and apply for another visa i.e. visa 2 in Australia. You can stay lawfully in Australia if visa 1 has expired and the outcome of visa 2 application is pending.
  • In case application for visa 2 is not granted either by the Dept. of Home Affairs or the Administrative Appeals Tribunal and you make an application to the court for a review of the decision. If you have a Bridging visa B at the time of the review application, you may get another BVA approved while you wait for the decision of the court.
  • When you hold a BVA or BVB with conditions that limit your work rights and you are yet to apply for a protection visa. You may get approval for a new BVA which do not limit your work right on conditions that you suffer from financial constraints.
  • If you have a working holding visa and have applied for a 457/482 worker visa where the relevant 457/482 nomination has been approved by the department.

You have applied for a partner or parent visa and you are granted a BVA so that you can stay in Australia legally till the outcome of your relevant application.

If you do not have Bridging Visa A

If you stay in Australia without a bridging visa type a when your current substantive visa ceases, you become an unlawful non-citizen for that particular time period. Being an unlawful non-citizen can create problems in the following ways:

  • In case you are granted a permanent residence visa and eventually apply for Australian citizenship, it may not happen very smoothly as you were an unlawful non-citizen for some time.
  • In certain situations, your substantive visa may not be granted and you may have to leave Australia. When you later apply again for another visa outside of Australia at an Australian Immigration office, you have an exclusion period. This exclusion period will prevent you from returning to Australia and in that case, you will have to explain why you think this exclusion period should be waived.

If your BVA is granted and your substantive visa is also valid, in that case, you must comply with the rules applicable for the substantive visa.

Reason to seek help from immigration agents

Though it seems that it is possible to move to Australia on your own, but the process may not be that smooth for all of you. This is because most of you would be making a visa application for the first time. Gaining entry to Australia depends on a successful visa application. It is a wise decision to seek help from Migration agent Adelaide as they can provide advice on immigration matters, help you prepare your application and deal with the Department of Immigration and Border Protection on your behalf. They can help you to avoid any costly mistakes as the experienced professionals take care of all the matters. In addition, Immigration agent Adelaide is aware of the variety of bridging visa options available, the costs, the procedure, and the application fees. They are very well aware of the variety of bridging options available. That is why they carefully assess your personal situation and suggest you the right option.

You can rest assured that you are in safe hands when you seek assistance from migration agents.

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