Is this your situation?
Your visa application was refused and you are on a bridging visa. You are not sure how long the bridging visa lasts, whether you should lodge a review, or what happens if you do not.
How the bridging visa is affected by a refusal
When your visa application is refused, the bridging visa does not end immediately. It typically continues for 35 days after the refusal decision. This 35-day period is designed to give you time to either lodge an ART review or make arrangements to depart Australia.
If you lodge a valid ART review application within the deadline (21 days for most onshore refusals), a new BVA is generally granted automatically. This new BVA lasts until the ART review is decided, which can be months or even years.
If you do not lodge a review, the bridging visa expires at the end of the 35-day period and you become unlawful.
The decision you need to make
Within the first few days after receiving a refusal, you need to decide: will you seek ART review, or will you make arrangements to depart? If you are going to review, lodge the application as early as possible. If you are going to depart, start making arrangements now, while you are still lawful.
The worst option is doing nothing and letting the bridging visa expire without either reviewing or departing. That puts you in the most difficult position: unlawful, with no review rights, and a growing period of unlawful stay on your record.
How Bullseye Consultant can help
Amanpreet Bhangoo (MARN 1573884) can advise on your bridging visa status, assess whether ART review is worthwhile, and help you make an informed decision. Call (07) 3519 7009.
FAQ
Q: Can I work while on a bridging visa after refusal?
Check your bridging visa conditions. Work rights depend on the specific conditions attached, not on the fact of the refusal.
Q: What if I want to leave Australia but cannot afford a flight?
The Department’s Status Resolution Service may assist with departure arrangements, including in some cases contributing to the cost of travel.
