Bridging Visa R (BVR): Subclass 070 Removal Pending

A Bridging Visa R (BVR), also called the Removal Pending Bridging Visa, allows a person to be released from immigration detention and live in the community while their removal from Australia is not reasonably practicable. It comes with strict conditions. This page explains who it is for, how it is granted and the rules that apply.

Who a BVR is for

A BVR is for a person whose removal from Australia is not reasonably practicable at the moment. Under the invitation route, the person must be in immigration detention, have all their visa applications finally decided, and be cooperating with efforts to remove them. Removal is not treated as impracticable just because the person has a court or tribunal case about a visa.

Following the High Court’s 2023 decision in NZYQ, the regulations were amended to allow the Minister to grant a BVR to people for whom there is no real prospect of removal becoming practicable in the reasonably foreseeable future. See our news on the Bridging Visa R changes.

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How a BVR is granted

• By invitation: the Minister invites the person in writing, and they must accept in writing within 7 days. The person must also meet the character and security requirements.
• Without an application: the Minister can grant a BVR in certain cases set out in the regulations, including where there is no real prospect of removal in the reasonably foreseeable future. The invitation criteria do not apply to these grants.
• Ministerial power: the Minister can also grant a BVR personally under section 195A of the Migration Act.

A BVR cannot be offered by invitation, or granted under the regulations, while a community safety order is in force for the person. There is no visa application charge, and family members cannot be included as secondary applicants.

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Conditions on a BVR

Conditions are strict, and breaching one can end the visa. Most BVRs include conditions requiring the holder to:

• help with, and not obstruct, efforts to remove them, and attend appointments to arrange removal;
• report to the Department as directed, unless electronic monitoring applies;
• give their residential address within 5 working days and notify changes to contact details;
• not engage in activities that are disruptive to, or threaten harm to, the Australian community.

BVRs granted under section 195A or without an application must also include security conditions. These include notifying employment changes and any interstate or overseas travel, restrictions on some types of work involving weapons, explosives, chemicals or aviation, and not engaging in criminal conduct.

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Community protection conditions

For BVRs granted under section 195A, or without an application where there is no real prospect of removal, the Minister must impose community protection conditions if satisfied, on the balance of probabilities, that the person poses a substantial risk of seriously harming the community and that the condition is reasonably necessary and appropriate to address that risk. These can include:

• a curfew at a notified address between 10 pm and 6 am, or other times the Minister sets of no more than 8 hours;
• wearing an electronic monitoring device;
• reporting significant financial transactions and debts;
• restrictions on contact with minors, schools and childcare centres, or with a victim, for people convicted of certain offences.

Community protection conditions last 12 months from grant, and a new BVR can be granted with them again. Some are suspended while the person is in custody or in hospital.

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Work and study

The BVR conditions do not include a general ban on work, but some types of work are restricted or need approval, and some holders cannot work with minors or vulnerable people. Check the conditions in your grant notice carefully.

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When a BVR ends

A BVR has no end date. It ends if the Minister gives written notice that removal has become reasonably practicable, or that the holder has breached a condition, or if a new BVR is granted. It has no travel facility, so it gives no right to return to Australia after leaving, and it does not lead to another visa.

If you or a family member holds a BVR, get advice before you take any step that could affect it. Department policy also requires officers to get legal advice before acting to end or cancel a BVR.