What is the Difference between Bridging Visa C and Bridging Visa E?

An essential requirement for studying in Australia is a valid visa. The Australian Bridging Visa can be used for various reasons; however, it is most highly understood for its capacity to "bridge" the gap between an earlier visa and the one you're applying for. This temporary visa permits the legal right to stay in Australia while waiting for a permanent Visa to process. 

 

A brief overview of Bridging Visa C (BVC) and Bridging Visa E (BVE)  

A BVC or “Bridging Visa C” is a temporary visa granted if a valid application in Australia for a substantive visa is made (but you do not already hold a substantive visa).  

BVC is automatically granted if you make a valid visa application while on a BVA. However, a separate application for a BVC can be made where: 

  • you are seeking a further BVC without work restrictions 

  • you have applied for judicial review 

BVC cease one of the situations below: 

  • your substantive visa application is refused or deemed invalid 

  • your merits or judicial review is decided 

  • you withdraw your application for the substantive visa, merits review or judicial review 

  • a merits review tribunal tells you that it has no jurisdiction to consider your application for review 

Depending on the reasons for the cessation of the BVC, it will cease 28 days or 35 days after a specific event occurs (this will not be elaborated on further).  

Whereases, BVE is utilised and granted to regularise your status in Australia; and there are 2 types of BVEs: 

 

Benefits of BVC over BVE 

 First and foremost, in what situation you will have a “choice” to opt-in or out one of the two bridging visas; namely between BVC and BVE? 

The most common situation is, for example, where your visa was cancelled, or you have been an unlawful non-citizen for whatever reasons.  

Commonly one is advised by their legal practitioner or a migration agent to regularise their status by applying for a BVE.  

This is the right process in respect of regularising their status. However, that is all. What if you have one of the following situations (non-exhaustive list): 

  • You are currently working (regardless of whether you have a work permit or not) and you wish to keep working for whatever reasons, and your remaining option of applying for a visa in Australia is limited due to s 48 bar (that severely limits your ability to make a valid onshore visa application) 

  • In particular, for example, your only option to apply for is protection via. 

  • You have been an unlawful non-citizen and you wish to apply for a work visa and eventually, you wish to obtain a permanent residency in Australia. 

If you apply for a BVE and are granted, the BVE cannot be “upgraded” to BVC.  

What matters? 

If you are on a BVE, you are not eligible to make a valid application for, for example, subclass 494, 491 and 191; whereas on a BVC, you can make a valid application for those subclass visas (provided you meet other requirements for a valid application for each subclass visa).  

 What else? If your visa is cancelled and wishes to work with legal professionals, we are here to help you.  

 

How Can Agape Henry Crux Help You?   

Australian Immigration can be very complex - if you want to find out more about a visa or citizenship application, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling +612 8310 5230 or email us to book in a time at info@ahclawyers.com.   

We speak fluent English, Korean, Japanese, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.   

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office. 

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