Why Choose to Apply for a Bridging Visa C Instead of a Bridging Visa E?
A brief overview of Bridging Visa C and Bridging Visa E
All individuals who are non-citizens of Australia must uphold their lawful status by possessing an appropriate visa. However, in the event that an individual's current visa expires before receiving their next visa decision or the current visa is cancelled by the Department of Home Affairs (DoHA), a bridging visa serves to ensure they maintain their lawful status in Australia.
There are multiple Bridging visa subclasses, such as Bridging Visa A (BVA), Bridging Visa B (BVB), Bridging Visa C (BVC), Bridging Visa D (BVD), Bridging Visa E (BVE), Bridging Visa F (BVF), and Bridging Visa R. This article we are going to go through Bridging Visa C and Bridging Visa E.
What is a Bridging Visa C (BVC) (Subclass 030)?
A Bridging Visa C (BVC) (Subclass 030) 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).
Those who hold a BVC are unable to travel to and from Australia. However, they may apply for work permission if they can demonstrate a compelling need to work within Australia.
When Does a BVC (Subclass 030) Expire?
BVC allows the visa holder to remain in Australia lawfully until one of the situations below occurs:
Your substantive visa application is finalised or deemed invalid
Your merits or judicial review is finalised
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 further).
How to apply for a Bridging Visa C (Subclass 030)?
BVC is automatically granted if you make a valid visa application while on a BVA.
Separate applications for a BVC can be made where:
You are seeking a further BVC without work restrictions
You have applied for judicial review
What is a Bridging Visa E (Subclass 050/051)?
Whereases, Bridging Visa E (BVE) (Subclass 050/051) is used and granted to regularise your status in Australia. It is typically granted to non-citizens who have been identified as unlawful, allowing them time to depart Australia voluntarily or conclude their migration matters in Australia. For example, this often occurs subsequent to a visa cancellation decision under section 116 of the Migration Act 1958. There are two (2) types of BVEs:
Bridging (General) visa (subclass 050) - generally, if you are currently unlawful, the holder of a BVE (subclass 050) or the holder of a BVD (subclass 041).
Bridging (Protection Visa Applicant) visa (subclass 051) - used in limited situations to allow certain eligible non-citizens (as specified by the Regulations) to remain lawfully in Australia while their protection visa application is being finalised.
Typically, a BVE is granted with restricted validity, often for a short duration. Its purpose is to permit an individual to stay in Australia temporarily, facilitating their departure arrangements or preparation for the submission of another substantive visa application.
This visa is subject to specific and stringent conditions. Typically, the visa holder must regularly report to a DoHA office. The visa carries strict restrictions on employment and education, prohibiting the holder from working or studying in Australia. These restrictions can only be lifted by applying for a new Bridging Visa E, accompanied by compelling and compassionate circumstances and assistance from a legal professional.
What are the Benefits of BVC over BVE?
First and foremost, in what situation do you have to make a “choice” to opt in or out of 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, and you have never been detained or held a BVE in the past. Commonly, a legal practitioner or a migration agent will advise to regularise their status by applying for a BVE.
This is the right process with respect to 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; 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 a protection visa.
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.
Why Does it matter?
A hierarchy exists among all subclasses of bridging visas. The sequence commences with Bridging Visa A (BVA) and descends, with the difficulty increasing as one progresses downward. Challenges not only arise in the manner and circumstances of obtaining these visas but also in the associated conditions and duration of the visa. It is important to note that if an individual applies for and is granted a BVE, it cannot be upgraded to a BVC.
If you are on a BVE, you are not eligible to make a valid application for, for example, subclass 494, subclass 491 and subclass 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).
How Can Agape Henry Crux Help
At Agape Henry Crux, our Accredited Specialist(s) in Immigration Law with our team of immigration lawyers are specialized in handling highly complex matters. You can schedule with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If your language isn’t listed, 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.