In today’s Blog, we will be taking a look at the new developments made in Australian Immigration.
Bridging visas are one of the most confusing elements of Australia’s migration system. This is because of their purpose and nature. While there are many kinds and reasons to have a bridging visa, their inherent purpose is to provide a non-citizen with lawful status in Australia unless something happens, such as a judgement on their visa application or they leave Australia.
Some visa candidates are troubled by how bridging visas function and when they can, should or must apply for one. As bridging visas are not substantive, more than one can be held simultaneously, but they will not be in effect until any substantive visa ceases. Bridging visas suspend if the holder is outside Australia when it is activated or they leave Australia unless they hold a Bridging B visa, which must be applied for and awarded while in Australia. Bridging visa applications cannot be submitted or authorised if the candidate is overseas.
Most bridging visas are awarded automatically when a substantive visa is legitimately filed while the candidate is in Australia and the visa applied for is one that can be granted while they are in Australia. This is why there is not just one bridging visa application form but many: the application form for a substantive visa is also the application form for a bridging visa if the applicant is in Australia. A quick view of the instrument that establishes how a legitimate bridging visa application is made lists the different application forms, most of which are for substantive visa applications. Which bridging visa is given, as these forms are copied for Bridging visas A, C, and E, is based on the visa status of the holder at the time of applying.
In some cases, such as needing to travel or to apply to vary the conditions on a bridging visa to be allowed to work, a separate bridging visa application must be made. For the three most common bridging visas, subclass 010 – Bridging visa A, subclass 020 – Bridging visa B, and subclass 030 – Bridging visa C, posted paper applications from 1 August 2022 will not be valid.
Instead, these bridging visa applications must be made either through ImmiAccount in the appropriate substantive visa application, which has persisted since 1 July 2016, or if the substantive visa application was refused and the holder has applied for a review, at the Administrative Appeals Tribunal (AAT) or via the federal court system, then an application must be filed through the webform on the Department of Home Affairs website.
The paper forms – ‘Form 1005 for Bridging visa As and Cs, and Form 1006 for Bridging visa Bs’, are still needed. They should be completed and attached to the web form, and as there is a visa application cost for Bridging visa Bs, these should be paid through ImmiAccount. Moreover, paper forms can be used and emailed to an allocated email address only if, for some reason, an application cannot be made through the ImmiAccount or the webform and prior permission has been given.
This is an appreciated change from the need to post paper applications. Mistakes such as posting to the wrong address or possibly handling errors in transit or one receipt are eradicated, providing greater certainty that a valid application is made.
The other significant bridging visa that, along with the previously mentioned, comprises around 99.98 per cent of all bridging visa holders, the subclass 050 – Bridging visa E, has already moved to ImmiAccount.
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