If you’re currently in Australia on a bridging visa and considering a trip back home, it’s crucial to understand the rules and conditions governing your visa. Bridging visas are temporary and act as a stopgap measure while your application for a substantive visa is being processed. However, these visas come with specific restrictions, especially when it comes to international travel. Let’s delve into the details and explore the legalities you need to be aware of before making any travel plans.
What Is a Bridging Visa?
A bridging visa is a temporary visa that allows individuals to remain lawfully in Australia while awaiting a decision on their substantive visa application or finalising their immigration status. The most common types include:
- Bridging Visa A (BVA): Typically granted to individuals who apply for a substantive visa while still holding a valid visa.
- Bridging Visa B (BVB): Allows limited travel rights.
- Bridging Visa C, D, E, and others: Issued in specific circumstances, often with stricter conditions.
Each bridging visa comes with its own set of conditions, including work rights, study permissions, and travel restrictions.
Can I Leave and Return to Australia on a Bridging Visa?
The ability to travel on a bridging visa depends on the specific type you hold:
Bridging Visa A (BVA):
A BVA does not permit international travel. If you leave Australia while holding a BVA, the visa becomes invalid, and you may not be able to return unless you apply for and are granted another visa.
Bridging Visa B (BVB):
A BVB is the only bridging visa that allows travel. This visa permits you to leave and return to Australia within a specified travel period, which usually ranges from three to 12 months, depending on your situation. To obtain a BVB, you must apply and provide a valid reason for your travel.
Other Bridging Visas:
Most other bridging visas, such as Bridging Visa C (BVC) or Bridging Visa E (BVE), come with travel restrictions. Leaving Australia on these visas typically results in cancellation.
Key Legalities to Consider
Understanding the legal framework around bridging visas can help you make informed decisions:
- Travel Conditions: Ensure you check the travel conditions attached to your visa. If you intend to travel, apply for a BVB before leaving. Without this, you risk being unable to return.
- Substantive Visa Application Impact: Leaving Australia without a valid BVB may result in your substantive visa application being considered withdrawn. This can jeopardise your immigration status.
- Compliance with Visa Conditions: Failing to adhere to the conditions of your bridging visa, such as working beyond authorised hours or leaving without proper authorisation, can result in visa cancellation or other legal consequences.
- Immigration Health Check Requirements: If your substantive visa application requires health checks, ensure they are completed before travelling, as delays could affect your application.
- Character Requirements: Travelling overseas may expose you to circumstances that could impact your character requirements for the visa, such as legal issues abroad. Ensure you maintain compliance with Australian visa conditions.
How to Apply for a Bridging Visa B (BVB)
To apply for a BVB, follow these steps:
- Prepare Your Application: Log in to your ImmiAccount and complete the application for a BVB. You’ll need to provide details of your travel plans and the reasons for your trip.
- Pay the Application Fee: The fee for a BVB application is approximately AUD 165. Ensure you make the payment to avoid delays.
- Provide Supporting Documents: Include any documentation supporting your need to travel, such as medical records, work-related evidence, or family emergencies.
- Await Processing: Processing times vary but typically range from 1 to 7 business days. Apply well in advance to avoid complications.
How Long Can You Stay Outside Australia on a BVB?
The duration you can stay outside Australia depends on the travel period specified in your BVB. This period is typically three to 12 months but is determined on a case-by-case basis. Ensure you return before the travel period expires; otherwise, re-entry will not be permitted.
What Happens While You’re on a Bridging Visa?
While on a bridging visa, you are legally allowed to stay in Australia. Your rights and conditions depend on your visa type and may include:
- Work Rights: Some bridging visas grant work rights, but these may be limited based on your previous visa or financial circumstances.
- Study Rights: Permission to study may also vary depending on your visa conditions.
- Awaiting Visa Decisions: The primary purpose of a bridging visa is to keep you lawfully in Australia while your substantive visa application is processed.
Travelling while on a bridging visa requires careful planning and understanding of Australian immigration laws. If you wish to travel, ensure you hold a Bridging Visa B and comply with its conditions to avoid jeopardising your immigration status.
Navigating the complexities of bridging visas can be challenging, especially when balancing travel needs with visa requirements. If you’re unsure about your options, our team at NB Migration is here to help. Book a complimentary consultation today to discuss your specific situation and receive expert advice tailored to your needs.