Lodging a visa application is a significant step, often accompanied by a host of questions and concerns, particularly regarding what happens next. Outlined below are the different scenarios for lodging your application either onshore or offshore.
Onshore
If you are onshore when your application is lodged, you will be granted a Bridging Visa. A Bridging Visa is a temporary visa that plays a crucial role in your stay in Australia while your substantive visa application is being processed as it essentially allows you to legally remain in Australia while awaiting the outcome of your substantive visa application.
If you are on a substantive Australian visa and you lodge another substantive visa application, you will be granted a Bridging Visa A (“BVA”) which will provide you with lawful status while your application is being processed. However, your BVA is not in effect while your original substantive visa is still valid. The BVA will only come into effect when your original substantive visa ceases (should your new substantive visa application not have been finalised by then). The rights and conditions attached to your Bridging Visa will usually have the conditions of the visa that the applicant held at the time they lodged the bridging visa application for example, if you held a visitor visa and then lodged a subclass 482 Temporary Skill Shortage visa application, you will have no working rights until your subclass 482 visa is granted. However, there are exceptions to this and conditions should always be checked!
One important aspect to note is that a BVA does not automatically grant you the right to travel outside Australia. If you wish to travel while your application is being processed, you will need to apply for and be granted a BVB which allows you to leave and return to Australia within a specified period.
While on a Bridging Visa, you can remain in Australia until your substantive visa application is finalised. The processing time for visa applications can vary, so it’s essential to stay informed about the status of your application and comply with any requests from the Department of Home Affairs. If your visa application is successful, your new substantive visa will come into effect and replace your Bridging Visa. This transition is seamless, allowing you to continue your stay in Australia under the new visa conditions.
Offshore
Unlike onshore applicants, those who apply for a visa offshore are not eligible for a Bridging Visa. The waiting periods can vary significantly depending on the type of visa you’ve applied for and the complexity of your application. It’s crucial to ensure that you meet all application requirements and submit all necessary documentation to avoid delays.
Once your visa is approved, you will receive a visa grant notice, which outlines the visa conditions, including the duration of your stay and any work or study rights you may have. If your visa application was for Permanent Residence, the visa grant may also tell you when you must make your first entry by into Australia.
Attempting to travel to Australia without a valid visa can result in being denied entry at the border. Therefore, it’s essential to wait for the official visa grant notification before making any travel plans.
If you have any questions regarding bridging visas or require assistance with a BVB application, please do not hesitate to contact the team at KU Legal who can assist you with the application and answer any questions you may have.
+61 (0) 429 133 911
jb@kulegal.com.au
Disclaimer: Changes to the Australian migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of publication.
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