Partner Visa Bridging Visas 101

In this blog I’m going to share the Partner Visa bridging visa basics and answers to some of the most common questions we get about bridging visa conditions. What are they? How can I get one? What conditions will it have? While the concept of bridging visas may seem daunting at first, understanding the different types, their conditions, and how they fit into your visa journey can help you feel more secure during the application process.

It’s important to remember, this summary is just the tip of the iceberg. Bridging visas are incredibly complex and everyone’s visa journey is unique. At Freedom Migration, every couple’s journey starts with a detailed visa planning session where I get to learn more about your love story, your visa history, and your plans for the future so we can start crafting your individual visa roadmap.

This blog is going to help you understand some of the basic legal concepts surrounding Partner Visa bridging visas but for advice that is tailored to your relationship, current circumstances and plans for the future we recommend booking a full consultation so you get the right information and can proceed with confidence.

What is a Bridging Visa?

The first thing you need to know is that a bridging visa is not considered to be a substantive visa. Bridging visas are their own special category and there is a lot of letters and numbers for the different Partner Visa bridging visas to cover.

There’s a Bridging Visa A (Subclass 010), Bridging Visa B (Subclass 020), Bridging Visa C (Subclass 030), Bridging Visa D (Subclass 040), Bridging Visa E (Subclass 050 and 051), Bridging Visa F (Subclass 060)… and Bridging Visa R (Subclass 070).

There’s also lot of rules (and a lot of exceptions to the rules), just like learning how to spell in English:

I before E, except after C
Or when sounded as ‘A’ as in ‘neighbour’ and ‘weigh’…Or occasionally in technical words with strong etymological links to their parent languages as in ‘cuneiform’…Or in other numerous and random exceptions such as ‘science’, ‘forfeit’, and ‘weird’.

I know you aren’t here for a spelling lesson, but hopefully you can see my point! The legislation that governs bridging visa conditions is similar so let’s start with the basics.

How does a Partner Visa Bridging Visa work?

In keeping with it’s namesake, a bridging visa within the context of Australia’s migration framework can be compared to crossing a bridge over uncertain terrain between two stable destinations.

Imagine you’re on a journey, and at one point, you need to cross a bridge that connects two solid pieces of land. Each side of the bridge represents a different visa status or legal situation — one side will be your current visa or situation, and the other is where you’re hoping to go (Australia, with your Partner Visa approval in hand!)

The bridging visa is the bridge itself — a temporary structure allowing you to move from one side to the other without falling into the uncertain terrain below (becoming unlawful).

Bridging visas allow you to either remain lawfully in Australia or travel and return to Australia whilst you await the outcome of your Partner Visa where any previous visa you have held ceases to exist. This might be due to an expiry, reaching a maximum stay period or due to a visa refusal or cancellation.

Sounds simple enough, right? Not so fast!

When it comes to Partner Visa bridging visas and the bridging visa conditions each situation requires a tailored approach. Not everyone has the same departure point or end destination. Some of the most common questions I get asked are: “Can’t I just apply for a Bridging Visa?” and “What Bridging Visa conditions will I have?”

The answer to the first question is no – you can’t ‘just apply’, not all applicant’s are entitled to a bridging visa you need to meet various legal considerations first.

The answer to the second question is: it depends on a lot of different things, it’s not a one size fits all approach which is why it is something I make sure to cover in detail in our visa planning session.

Going back to our bridge analogy – The type of bridge you cross (or type of bridging visa you are granted and the bridging visa conditions) varies:

Like Sydney’s iconic Harbour Bridge, some bridges are well-constructed and stable just like a Bridging Visa A or B, where the bridging visa conditions can include work and travel rights.

Others might be more restrictive and narrow, limiting your freedom while you wait for the other side (such as Bridging Visa E with no work rights).

At any time, if the conditions on the bridge change or you’re not allowed to cross, you might have to adjust your approach, perhaps by applying for another bridging visa or seeking further legal advice to ensure you don’t fall into the terrain below.

What are the different types of Partner Visa bridging visas?

I’m reverting back to our English and spelling lessons here and I’m going to cover the 4 most common Partner Visa bridging visas that we see. Remembering these 4 key sayings is the perfect starting point.

Bridging Visa A is Awesome, Bridging Visa B is Better, Bridging Visa C is Challenging, and Bridging Visa E is an Emergency! Because bridging visas are all about keeping you lawful in Australia, they usually apply in the context of an onshore Partner Visa application – but as always there are exceptions to the rules! If you’ve already lodged or a planning to apply for an offshore Partner Visa there may still be options to get a bridging visa in the future. Read on to find out more.

Bridging Visa A (BVA) – Bridging Visa A is Awesome

For most Partner Visa applications, the BVA is the bridging visa you are likely to get, if you apply for an onshore Partner Visa whilst you hold a valid substantive visa (eg. a student visa or tourist visa). Be sure to check out my blog post on condition 8503 to find out more about whether or not you can lodge an onshore Partner Visa based on the conditions of your substantive visa.

Why is it awesome?

• Automatic Transition: if you’re already on a substantive visa when you lodge your onshore Partner Visa application, the BVA should be granted on the same day you receive your acknowledgement letter. In some rare cases (usually IT issues with the Department’s server) there can be delays. The BVA sits in the background, ready to ‘bridge the gap’ or ‘activate’ as soon as your other visa expires. This means there are no gaps in your legal stay – you’re fully covered!
• Your Bridging Visa Conditions: if you are granted a Bridging Visa A in association with an onshore Partner Visa there should be no conditions attached – this means full work rights once the BVA is in effect.
• Security while you wait: The BVA ensures that you stay in Australia lawfully while waiting for your Partner Visa decision, making it an essential and worry-free visa. It doesn’t allow for overseas travel, but that’s where our next visa comes in!

Pro tip! One of the most common pitfalls when it comes to planning your Partner Visa journey is not understanding when the BVA starts or when the bridging visa conditions will apply. A lot of people incorrectly believe that as long as the Bridging Visa A is granted there is nothing to worry about, but unfortunately that is not the case! For example if you still have 18 months left on your student visa at the time of lodgement, the BVA and associated work rights will only apply if the Partner Visa hasn’t been decided before the original expiry date.

Bridging Visa B (BVB) – Bridging Visa B is Better

When you need to leave Australia temporarily while your Partner Visa is still processing, the Bridging Visa B (BVB) is a step up, because Bridging Visa B is Better for those who plan to travel. Here’s why:

• Travel Freedom: Unlike the BVA, the BVB allows you to travel overseas and return to Australia. It’s ideal for Partner Visa applicants who need to visit family, attend important events, or manage personal affairs while waiting for their visa outcome.
• Retains Legal Status: Even if you leave Australia on a BVB, you can return and continue your lawful stay. It’s crucial to note that the BVB only permits travel within a specific window of time (usually between 3 to 12 months), so you’ll need to plan your trip accordingly.
• Work Rights Intact: If your bridging visa conditions on your BVA include work rights, these usually carry over to your BVB. So, you can return to Australia and continue working.

Pro tip! Even in cases of emergency – You must get a Bridging Visa B BEFORE you leave! It’s not possible to be granted a Bridging Visa B from offshore. We’ve had more than our fair share of panicked phone calls from DIY visa applicants being denied boarding at the airport who had no idea they needed a Bridging Visa B to travel. The good news is the turnaround time for approval is usually pretty fast – sometimes within a matter of days, but we always recommend applying in advance.

Bridging Visa C (BVC) – Bridging Visa C is Challenging

Now, let’s talk about the Bridging Visa C (BVC), at this point in the alphabet things start to get a bit harder….Bridging Visa C is Challenging. This visa is generally issued when:

• Your Visa Has Expired: If you applied for a Partner Visa after your previous visa expired or whilst you hold a different bridging visa like Bridging Visa A or B that’s linked to another application, you may end up with a BVC. This might include scenarios where you have had a previous visa refusal and are waiting on an outcome of an appeal.
• No Travel Rights: One of the biggest challenges of the BVC is that the bridging visa conditions don’t allow travel. If you leave Australia on this visa, you will not be allowed to return unless you apply for and are granted a new visa.
• Restricted Work Rights: Initially, the BVC may come with no work rights. You may be able to apply for work rights based on financial hardship, though it can be more difficult to get approval.

The BVC serves its purpose by keeping you lawful in Australia, but it comes with more restrictions than other bridging visas, which is why it can be challenging to navigate.

Pro Tip! If you fall into this category it’s important you seek professional advice as there are other considerations to be aware of that can impact your prospects of success and additional criteria that may apply to the onshore Partner Visa known as Schedule 3.

Bridging Visa E (BVE) – Bridging Visa E is an Emergency

Finally, we come to the Bridging Visa E (BVE), which is your lifeline if things have gone off-track. Think of it as a last resort — Bridging Visa E is an Emergency visa for when you’re in urgent need of a solution and have become unlawful. Here’s why:

• Regaining Legal Status: If you find yourself in Australia without a valid visa (i.e. unlawful), the BVE can help you regain lawful status while you make arrangements to either finalize your Partner Visa or leave the country.
• Limited Rights: The bridging visa conditions on a BVE is much stricter. It typically comes with no work rights, and your travel options will be extremely restricted. If you leave Australia on a Bridging Visa E you won’t have a visa to return to Australia might be forced to wait offshore for an outcome on your Partner Visa making it a visa to avoid if possible.
• For Critical Situations: The BVE is used in emergency situations, such as when your visa application is refused, and you’re waiting for an appeal or trying to resolve your immigration status.

Pro tip! If you depart Australia as the holder of a Bridging Visa E, you may have up to a 3 year ban from being granted certain visas to return to Australia. It’s important to understand how your visa status now can impact your future, especially if your plans or circumstances change.

Now that you know your A B C’s and E’s we have a bit more to unpack.

When does my Bridging Visa start?

It’s important to understand that your Partner Visa bridging visa (whether BVA, BVB, BVC or BVE) does not come into effect immediately after lodging your application. In some cases the Partner Visa bridging visa might never come into effect, e.g. you already have a long stay visa such as a sponsored work visa valid for 4 years.

In other cases, the Partner Visa bridging visa will be active immediately on grant (e.g. a BVE) because its purpose is to allow you to regain lawful status. In some cases you might hold multiple bridging visas at the same time (eg a Bridging Visa A and C, and the timing of each visa is dependent on circumstances such as the outcome of a different visa application. This is where you need to seek advice that is as unique as you are – don’t rely on “what happened for your friend”.

How long will my Partner Visa Bridging Visa last?

Your Partner Visa bridging visa will typically last until a final decision is made on your Partner Visa application. If your Partner Visa is withdrawn, your visa is usually valid for a further 35 days from the date of withdrawal. During this time, you should make arrangements to either apply for a different visa or depart Australia. The travel rights linked to a Bridging Visa B are at the discretion of a case officer. If this date has passed, you can still stay in Australia, but if you need to travel again, you might need to apply for a further Bridging Visa B.

What Happens if Your Partner Visa is Refused?

If your Partner Visa is refused and you apply for a review within the statutory timeframes, your Partner Visa bridging visa typically stays in effect until any merits review or appeal process is finalized. Usually, the same bridging visa conditions will continue to apply.

What About Cancellations?

A visa cancellation is a serious matter and many people don’t understand the full extent or consequences associated with your bridging visa conditions where a cancellation takes place. A cancellation might be in relation to a breach of visa conditions or a change in circumstances. I’m often asked if there are any shortcuts to getting a bridging visa to become active or if couples can apply to cancel their previous visa so it starts sooner. Here’s what you need to know:

If you have a visa cancelled, even in cases where you personally request the cancellation and regardless of any breaches in your visa conditions, any bridging visa that has been granted to you is also automatically cancelled and you will become unlawful. This puts you back in the emergency situation of a Bridging Visa E and there’s no quick fix!

What about offshore applications and Bridging Visas?

As previously mentioned, Partner Visa bridging visas typically apply in the context of an onshore application, but there are some unique scenarios where they can be still be granted in association with an offshore application.

Your eligibility and the bridging visa conditions linked to an offshore application is going to depend on:

• what visa you held at the time of lodgement of an offshore Partner Visa application
• the conditions that applied to that visa
• the expiry date of the visa you hold during your current stay in Australia and whether or not this is the same visa

In Conclusion

As you can see, navigating Australia’s visa system, and in particular the bridging visa conditions and eligibility is complex, but with the right information and guidance you can cross the bridge to secure your Partner Visa and ensure you stay on the right path. At Freedom Migration, we help you see the bigger picture and offer advice and strategies that help you prepare and plan for the future regardless of the challenges you might face – you’ll be armed with everything you need to tackle things head on!

IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.