Introduction

The Bridging Visa A (BVA) is a temporary visa in Australia that allows individuals to stay in the country after their current substantive visa expires while their new visa application is being processed. This article will provide detailed information about the BVA and its various aspects.

Process

The BVA is generally applied for automatically as part of the application process for a substantive visa. However, there are certain situations where a separate application for a BVA may be necessary. These include cases where the substantive visa application did not include an application for a BVA, the previous BVA or Bridging Visa B (BVB) has ceased, or an individual is seeking a further BVA without work restrictions or has applied for judicial review.

With this Visa

The BVA allows individuals to stay lawfully in Australia until their substantive visa application is finally determined or, in the case of judicial review, until those proceedings are completed. It also provides the opportunity to work in Australia, provided the individual meets the requirements for work.

Visa Conditions

The BVA is a temporary visa and does not support return travel to Australia. It comes into effect when it is granted, when the current substantive visa ceases, or when a more beneficial bridging visa ceases. Visa holders must adhere to the conditions imposed on their visa, which will be notified to them upon grant. If a BVA is granted while holding a substantive visa, the conditions of the substantive visa must continue to be followed until it ceases.

Working in Australia

Depending on the visa conditions applied to the BVA, individuals may be allowed to work in Australia. If the BVA does not permit work or has restrictions, it is possible to apply for another BVA that allows work by demonstrating financial hardship. The eligibility for work is assessed based on individual circumstances, and if the requirements are not met, a new BVA will be granted with the same work prevention or restriction condition as the previous one.

Judicial Review

If an individual applies for judicial review after a merits review tribunal upholds the decision to refuse their substantive visa application, they will need to apply for a bridging visa to maintain their lawful status during the judicial review proceedings. In such cases, a BVA can only be applied for through a webform.

Visa Cease and Duration

A BVA may cease immediately if the individual leaves Australia, is granted the substantive visa they applied for, is granted another bridging visa in relation to the same substantive visa application, or if their BVA or substantive visa is cancelled. The duration of a BVA depends on various factors, including the outcome of the substantive visa application, merits or judicial review decisions, withdrawal of the application, or a determination by a review tribunal.

Staying Longer and Family Inclusion

A BVA does not allow individuals to stay longer in Australia. If they wish to extend their stay, they must apply for a new visa. Family members can be included in a BVA application if they are included in the substantive visa application. Each member of the family unit's application will be assessed separately to determine the bridging visa they can be granted.

Application and Documentation

The BVA application must be submitted while the applicant is in Australia. The accuracy of the information and documentation provided is crucial. Non-English documents must be translated into English by accredited translators, and all documents (English and non-English) must be scanned or photographed in color and saved as one file if more than one page.

After Application

After submitting the BVA application, it is important to stay lawful by holding a valid visa while the bridging visa and substantive visa application are being processed. Any changes in circumstances, such as contact information, passport details, the birth of a child, or the desire to withdraw the application, must be promptly notified to the authorities. The visa outcome, either grant or refusal, will be communicated in writing.

Leaving Australia

If an individual leaves Australia while their BVA is in effect, they will not be able to return on that visa. To travel and return to Australia during the substantive visa application process, a Bridging Visa B (BVB) must be obtained before leaving.

Conclusion

The Bridging Visa A (BVA) provides individuals with the opportunity to stay in Australia while their substantive visa application is being processed. It allows for work, depending on the visa conditions, and has specific requirements and conditions that must be adhered to. Understanding the process, obligations, and duration of the BVA is essential for individuals seeking to remain in Australia during their visa application process.