Bridging Visa A not granted before a visa ends: what the law says

How a Bridging Visa A is applied for

For many visas, a valid application made in Australia, while the applicant holds a substantive visa, is also an application for a Bridging Visa A (subclass 010). The forms that carry a bridging visa application are listed in a legislative instrument. They include the online forms for the Skills in Demand (subclass 482) visa.

No bridging visa application arises where the main application is made from outside Australia, or where the visa applied for can only be granted outside Australia. A bridging visa is not a substantive visa, a distinction covered in section 48.

Can it be granted after the current visa ends?

Yes. The law asks whether the person held a substantive visa when the main application was made, and whether that application is still undecided. It does not ask whether the person still holds a visa when the bridging visa is decided.

So a grant after the current visa has ended remains available while the main application is undecided.

When the bridging visa starts

A Bridging Visa A granted before the current visa ends comes into effect when that visa ends. There is no gap.

One granted after the current visa has ended comes into effect on the day it is granted. It cannot start earlier than its grant. Once in effect, it generally lasts until the main application is decided, and for a set period after a refusal.

What a gap means

For the days between the end of the current visa and the grant of the bridging visa, the person holds no visa in effect. Under the Migration Act 1958, a non-citizen in Australia without a visa in effect is an unlawful non-citizen.

During that time:

• Work is not permitted, and an employer who allows an unlawful non-citizen to work can commit an offence
• Leaving Australia can affect later visa applications, and a Bridging Visa A does not allow return travel in any case
• Being an unlawful non-citizen carries legal exposure under the Act, including liability to detention

Whether a gap matters for a particular main application depends on the visa applied for and what happened during the gap.

Checking for the grant

The Department sends a grant notice to the applicant or their authorised recipient. VEVO (Visa Entitlement Verification Online) shows which visa is in effect at any time.

Before the current visa ends

Whether a gap can arise depends on the time between lodgement and the end of the current visa. Lodging well before that date, and confirming the bridging visa grant soon after lodgement, leaves time to raise any problem with the Department while the current visa is still in effect. An RMA can check the application and the bridging visa position, and take it up with the Department where a visa is about to end without one.

This article sets out general information about the law as it stands. It does not address any individual’s circumstances. Anyone whose visa is about to end can book a consultation to have their own position assessed.

Common questions