Will I Be Granted With a Bridging Visa If I Apply For Visa While Offshore?
It is a common understanding that a Bridging Visa (for instance, Bridging Visa A) can only be granted if a person makes a substantive visa application while the person is onshore, but this is not always the case.
Let’s Examine This Hypothetical Scenario of Bridging Visa Grant
1. Person A was holding a subclass 457 visa. Then she went offshore. While offshore, she lodged a substantive visa (let’s say subclass 189).
2. Person A came back to Australia on a subclass 457 visa. Her 457 is about to expire. Her subclass 189 visa application is not decided yet. No Bridging Visa was issued in respect of her subclass 189 visa application as she made her application offshore.
3. What should Person A do? Can she make a Bridging Visa A visa application?
Yes of course. But it goes against the common understanding that Bridging Visa can only be granted if a person makes a substantive visa application wile the person is onshore.
In our example, although the applicant applied for the subclass 189 visa while offshore, they applied for that visa in Australia, given that a visa that is applied for using an Internet form is applied for in Australia.
Let’s explore the Migration Regulations 1994 surrounding Bridging Visa A and the Procedure Advice Manual (PAM) with regards to Bridging Visas application as follows:
Bridging Visa A (Subclass 010) – Schedule 2
010.21 Criteria to be satisfied at the time of application
010.211(2)
An applicant meets the requirements of this subclause if:
(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and
(b) that application has not been finally determined; and
(c) he or she held a substantive visa at the time that application was made; and
(d) either:
(i) he or she has applied for a bridging visa in respect of that application; or
(ii) a bridging visa can be granted in respect of that application under regulation 2.21B.
(Extracted from Migration Regulations 1994)
[Sch2BV] Sch2 Bridging visas - Visa application and related procedures
Note: A substantive visa application that is made electronically via the Internet is an application that has been made in Australia.
(Extracted from Procedure Advice Manual (PAM))
How can we help you?
If you are in the same situation as the above scenario, please take a deep breath. It’s not the end of the world and don’t worry too much about being unlawful; just talk to one of our lawyers immediately. Our immigration lawyers and registered migration agent are on standby to assist you with your Australian migration matters.
We speak fluent English, Korean, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.