Is this your situation?
You are in Australia without a valid visa. You know you are unlawful. You want to get a bridging visa to become lawful while you work out what to do next. But you are not sure whether the Department will grant you one or whether applying will lead to your detention.
The Bridging Visa E (BVE)
The BVE is the visa that can be granted to people who are unlawful in Australia. It is discretionary. The Department is not required to grant it. They will consider your individual circumstances: why you are unlawful, what steps you are taking to resolve your situation, whether you have a pending visa application or review, and whether there are compassionate or compelling reasons for allowing you to remain lawfully.
A BVE is typically granted to people who are making genuine arrangements to depart Australia, who have an outstanding visa application or review that is still being processed, or who have compassionate circumstances that justify a temporary lawful stay (such as medical treatment or care of an Australian citizen child).
Conditions on a BVE
A BVE is usually short term, often 3 to 6 months, though this varies. It may not include work rights. It may include reporting conditions requiring you to attend a Department office at specified intervals. It does not allow travel.
A BVE is not a pathway to permanent residency or long-term stay. It is a temporary measure to give you lawful status while you make arrangements.
The detention risk
Applying for a BVE does involve contact with the Department. There is no way to apply without the Department knowing who you are and where you are. In practice, the Department often grants BVEs rather than detaining people who are cooperating and making genuine efforts to resolve their situation. But there is a risk, and you should be aware of it.
Talking to a registered migration agent before contacting the Department is strongly recommended. An agent can assess your situation, advise on the best approach, and in some cases make the initial contact on your behalf.
How Bullseye Consultant can help
Amanpreet Bhangoo (MARN 1573884) can assess your situation confidentially and advise on whether a BVE application is appropriate. Call (07) 3519 7009 or email info@bullseyeconsultants.com.au.
FAQ
Q: Will applying for a BVE lead to my detention?
The risk exists but it is not automatic. Many people who apply for BVEs through a migration agent are granted the visa without detention. The Department is more likely to detain people who are uncooperative, who pose a risk, or who have a history of non-compliance.
Q: Can I get multiple BVEs?
In some cases, yes. BVEs can be renewed if your circumstances justify continued lawful stay. Each renewal is assessed individually.
