If you have a visa application pending in Australia and need to travel overseas, it is important to understand how travelling can affect your bridging visa.

Applicants who lodge an eligible substantive visa application while in Australia will commonly be granted a Bridging Visa A (BVA). The BVA generally allows the applicant to remain lawfully in Australia after their current substantive visa expires while the new visa application is being processed.

However, a BVA does not provide travel rights. If a BVA is in effect and the holder leaves Australia, the BVA will cease.

For this reason, applicants who need to leave Australia and return while their substantive visa application remains undecided should generally apply for and obtain a Bridging Visa B (BVB) before travelling.

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Bridging Visa A vs Bridging Visa B

A BVA and BVB perform a similar function: they allow an eligible person to remain lawfully in Australia while their immigration matter is being resolved.

The key difference is travel.

A Bridging Visa B allows the holder to leave and return to Australia during a specified travel period, whereas a BVA does not provide a right of return.

The BVB grant notification will specify the permitted travel period. It is therefore important to check the visa grant letter carefully and ensure that you return to Australia within the authorised period.

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What if I am already overseas without a valid BVB?

Problems can arise where an applicant:

• leaves Australia while their BVA is in effect without first obtaining a BVB; or
• holds a BVB but does not return to Australia within the permitted travel period.

In these circumstances, the person may find themselves overseas without a visa that allows them to return to Australia.

Importantly, a BVA, BVB or BVC generally cannot be applied for or granted while you are outside Australia. Therefore, simply applying for another bridging visa from overseas is usually not an available solution.

Instead, the applicant may need to obtain an appropriate substantive visa that allows them to travel back to Australia.

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What visa can I use to return to Australia?

The appropriate visa will depend on your individual circumstances, including your passport, the reason you need to return, whether you need work rights, your eligibility for other visas and how urgently you need to travel.

Depending on the circumstances, potential visa options may include:

• a Visitor visa, including a Subclass 600 Visitor visa, eVisitor (Subclass 651) or Electronic Travel Authority (Subclass 601), where eligible;
• a Working Holiday or Work and Holiday visa (Subclass 417 or 462), where the applicant meets the relevant eligibility requirements;
• a Temporary Work (Short Stay Specialist) visa (Subclass 400); or
• a Skills in Demand visa (Subclass 482) where the applicant has an eligible employer-sponsored pathway.

Each visa has its own eligibility requirements, processing considerations and conditions. A work-related visa may be more appropriate where work rights are essential, but it may also involve substantially more documentation and processing than a visitor visa.

Where the immediate priority is simply to return to Australia, a visitor visa may sometimes be considered.

However, Visitor visa holders cannot work in Australia, even where they are waiting for the outcome of another substantive or permanent visa application.

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Can I apply for a Visitor visa if I already have another visa application pending?

Potentially, yes.

A key requirement for an Australian Visitor visa is that the applicant is a genuine visitor who intends to stay in Australia temporarily.

At first, this may appear inconsistent with having another longer-term Australian visa application pending. However, Departmental policy recognises that a Visitor visa may be granted in circumstances where its purpose is to allow an applicant to return to Australia while another visa application remains undecided, including for the purpose of applying for a bridging visa associated with that application.

The applicant must still satisfy the relevant Visitor visa requirements, including that:

• they intend to remain in Australia temporarily while holding the Visitor visa;
• they will comply with the conditions attached to the Visitor visa;
• they meet all other requirements for the grant of the visa; and
• there is no relevant adverse immigration history or information relating to the applicant, their previous application or sponsor, where applicable.

Therefore, having another visa application pending does not necessarily prevent a Visitor visa from being granted. However, the individual circumstances and immigration history of the applicant will be important.

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What happens once I return to Australia?

After returning to Australia on a substantive visa, you may be able to apply for a new Bridging Visa associated with your pending visa application.

For example, if you return on a Visitor visa, you may apply for an appropriate Bridging Visa while your Visitor visa remains valid. If granted, the Bridging Visa may come into effect after your Visitor visa expires, allowing you to remain lawfully in Australia while your original substantive visa application is being processed.

Keep in mind that returning on a Visitor visa may mean a temporary loss of work rights. You should also carefully check the conditions attached to any new Bridging Visa granted.

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If you’d like to talk through your circumstances, book a consultation with our team — and you’ll speak with a registered agent, not a sales desk.

VisaEnvoy is a registered migration practice.

This article provides general information only and does not constitute migration advice. Visa requirements and policies may change, and the appropriate option will depend on your individual circumstances.

Related – Bridging Visas:

• Bridging visas
• BVB fees