Can I travel Outside Australia with my Bridging Visa?
A bridging visa is a temporary visa issued by the Department of Immigration and Borders Protection in certain circumstances. Bridging visas let you stay in Australia legally while your immigration status is resolved. There are number of bridging visas that can be granted depending on your circumstances.
While bridging visas allows you to remain in Australia legally, only a Bridging visa B (BVB) will let you leave and re-enter Australia while you wait for a decision.
The processing times for Australian visas can often take years and in some cases years. For example, the processing time for the onshore Partner (subclass 820) visa can take up to 21 – 33 months to be finalised. Read more information about Australian visa processing times.
In that time, it’s hard to feel that your life is not on hold, especially when you’re not allowed to do the things you’re normally able to do like study, work and travel. Conditions preventing study and work can be lifted, however, the rules surrounding travel is a little different and whether you are able to travel on your bridging visa depends largely on what visa you hold and is quite simple:
Bridging visas that can travel overseas – Bridging B visa
Bridging visas that can’t travel overseas – every other bridging visa
How do I get a Bridging B Visa
The Bridging B visa holds a special place in Australian immigration by being the only bridging visa that allows you to travel overseas and be allowed to return to Australia. However, the only way that you are able to obtain a Bridging B visa is if you first hold either (i) a Bridging A visa; or (ii) a Bridging B visa.
Other criteria that applicants will need to satisfy include:
the applicant’s reasons for wishing to leave and re-enter Australia are substantial – some examples that departmental policy have provided include travel associated with employment, business or education, to visit family, relatives or other persons important to the person; and travel associated with the applicant’s substantive visa application.
The applicant's return to Australia would not be contrary to the public interest – considerations that will be taken into account include the intended destination, purpose of proposed travel, possibility of exposure to diseases, risk of current health condition exacerbating public health threats on return.
In other words, there’s no way for a Bridging C visa or Bridging E visa holder to obtain a Bridging B visa and, therefore, no way for them to travel overseas while their visa application is pending. And until the rules change, holders of Bridging C visas and Bridging E visas are unfortunately stuck in Australia for a little while longer.
How can Agape Henry Crux Help You?
In addition to what the law does and doesn’t allow you to do, there are also practical considerations that may mean that travelling overseas jeopardises your visa application. If you want to find out more about the risks with travelling overseas, 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 02-7200 2700 or email us to book in a time at info@ahclawyers.com.
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.
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.