Is this your situation?
Your visa was cancelled and you are now unlawful or about to become unlawful. You need a visa to stay in Australia legally while you sort out your next steps, whether that means pursuing an ART review, preparing for departure, or exploring other options. But you are not sure what bridging visa you can get or how to apply.
What bridging visa options exist after cancellation
If you lodge a valid ART review application within the deadline after your visa is cancelled, you will generally be granted a Bridging Visa A (BVA) automatically. This BVA lets you stay in Australia lawfully while the review is underway. It ceases when the review is decided (plus a short wind-down period).
If you have already become unlawful because you missed the review deadline or your bridging visa expired, you may need to apply for a Bridging Visa E (BVE). A BVE is granted on a discretionary basis by the Department. It is not automatic. The Department will consider your reasons for needing the visa, whether you are making genuine attempts to resolve your situation, and whether there are any risks associated with letting you remain in the community.
Conditions on bridging visas after cancellation
Bridging visas granted after cancellation typically come with restrictive conditions compared to what you had on your substantive visa. You may not have work rights (condition 8101). You may have reporting conditions requiring you to attend a Department office regularly. You may not be able to travel (a BVA does not allow
re-entry if you leave Australia).
Check the conditions on your bridging visa grant letter carefully. Breaching bridging visa conditions after a cancellation can lead to further cancellation and detention, compounding an already serious situation.
If you need work rights and your bridging visa does not include them, you can apply for a change of conditions based on financial hardship. You will need to provide evidence of your financial situation.
How Bullseye Consultant can help
Amanpreet Bhangoo (MARN 1573884) can advise on your bridging visa options, assist with a BVE application if you have become unlawful, and represent you in the ART review that underpins the bridging visa. Call 0416 965 968.
FAQ
Q: Can I travel on a bridging visa after cancellation?
Most bridging visas granted after cancellation do not allow travel. If you leave Australia on a BVA, it ceases and you cannot return on it. You would need a Bridging Visa B (BVB) for travel, which is not always available.
Q: How long does a bridging visa after cancellation last?
A BVA linked to an ART review lasts until the review is decided. A BVE is usually granted for a short fixed period (weeks to months) and may be renewable.
