Bridging visa E (BVE) is a temporary visa that lets you stay in Australia lawfully in case you have become an unlawful non-citizen or you are waiting for an immigration decision. This bridging visa will allow you to stay in Australia lawfully to prepare arrangements to leave Australia or finalise your immigration matter.
Bridging visa E has been divided in two categories:
- Subclass 050
- Subclass 051
Differences between subclass 050 and 051
Subclass 050 is generally granted to non-citizens who have been detected overstaying their visa, had their visa cancelled or lodged a further appeal against their visa refusal or cancellation.
On the other hand, subclass 051 is only granted to non-citizens who are in immigration detention and have applied for a Protection visa
Eligibility Criteria for subclass 050 and 051
Subclass 050
You are an unlawful non-citizen, holder of BVE (subclass 050) or holder of BVD (subclass 401) and…
- Planning to leave Australia
- Applying for a substantive visa (any visa other than bridging visa, criminal justice or an enforcement visa)
- Seeking merits review for a cancelled visa or judicial review for a visa or citizenship matter
- Seeking Ministerial Intervention
Subclass 051
You have been refused immigration clearance or bypassed immigration clearance and came to the Department of Home Affairs notice within 45 days of entering Australia and…
- Have applied for a Protection visa
- You are in immigration detention
To apply for BVE (subclass 050 and 051), you can be any age but must meet the health and character requirement.
Under these circumstances, a person cannot apply for a BVE:
- When they have not been immigration cleared – at the airport upon arrival in Australia
- Previously held BVE was cancelled due to criminal offences
What this Bridging Visa E Allows You to Do in Australia
BVE does not come with a lot of rights, but it allows you to stay in Australia lawfully. You may be able to add your family members, but they also must meet the eligibility requirements.
- Travel Rights
– You will not be able to travel while holding the BVE. If in case you leave Australia, the BVE will end immediately and you will not be able to return back to Australia - Work Rights
– Generally, you will not be able to work. However, if you are in financial hardship and can prove that you are in compelling need to work, the Department will assess your circumstance and may grant you a new BVE with work rights
Cessation of Bridging Visa E for Certain Cases
For BVEs that have been approved on or after 19 November 2016, cessation depends upon the circumstances of the grant as follows:
| Circumstances of Grant | Ceases When… |
| Substantive Visa Application | · Grant of substantive visa;
· 35 days after: · If the Tribunal or IAA remits the visa application for reconsideration 0 in accordance with the relevant provision for the reconsidered decision; or · Grant of further bridging visa |
| Review of Citizenship Decision | · 28 days after judicial review proceedings are completed or withdrawn or struck out; or
· Remitted from Court for reconsideration – 35 days after the day the Tribunal/Minister makes decision on reconsideration |
| · 35 days after: – Tribunal decides review application is invalid – Tribunal decision on review application other than remittal; – Decision on Application remitted by Tribunal for reconsideration; or – Withdrawal of review application |
|
| Application for Revocation of Cancellation | · 14 working days after: – Decision on application; – Withdrawal of application; · Grant of a further bridging visa; or · If an application is made for merits review – in accordance with row below |
| Merits review of Decision Not to Revoke Cancellation | For BVE granted for s. 137L decision not to revoke cancellation:
· 35 days after: · Grant of a further bridging visa |
| Merits Review of Cancellation Decision | · 35 days after: – Tribunal decides review application is invalid; – Tribunal decision on review application; – Withdrawal of review application; or · Grant of a further bridging visa |
| Judicial Review Application | · Another BVE is granted;
· 28 days after: · If the matter is remitted – in accordance with cll.050.511(b), 050.513 or 050.513B |
| Applicant in Criminal Detention | · Unconditional release;
· Release on bail; · Completing imprisonment sentence; · Parole granted; · Escaping from prison; · Completing periodic detention; · Signing of deportation order; · Grant of another visa; or · Breach of condition of periodic detention order |
Re-Entry Ban or Exclusion Period
If you hold or have held a BVE that was granted more than 28 days after your substantive visa expired, a three year re-entry ban may apply. A re-entry ban cannot be removed, but if you are planning to apply for a temporary visa, you may ask to have the re-entry ban put aside for that application only. Further information can be found here.
How to Apply
There is no fee for a BVE application and can be only granted if you are in Australia.
You can apply this bridging visa by using ImmiAccount if you do not already have an undecided BVE application. Alternatively, you can complete the ‘Form 1008 – Application for Bridging Visa E – Subclass 050’ and submit on paper by post or email to the nearest Australian Visa and Citizenship Office.
