When an onshore visa holder applies for an extra visa that can be granted onshore, they are going to often obtain an automated Bridging Visa A (BVA). BVAs cowl the hole in between one visa expiring, and the subsequent one being issued in order that the applicant doesn’t want to go away.
Nevertheless, an lively BVA will stop if the holder departs Australia on it, that means they are going to haven’t any visa to return to Australia on.
As a substitute, anybody in Australia on an lively BVA who needs to depart and re-enter Australia whereas awaiting a choice on their subsequent substantive visa software, ought to apply for and be granted a Bridging Visa B (BVB) previous to their departure.
BVBs and BVAs are largely the identical and can carry the identical situations. BVBs are barely extra helpful, although, as a result of they permit the holder to depart and return to Australia with out hindrance.
You will need to word {that a} BVB grant notification will specify the date by which the holder have to be again in Australia by. This date is about by the case officer who assesses and points the visa.
What’s going to occur if I’m abroad and not using a BVB?
If an abroad applicant and not using a substantive visa doesn’t maintain a BVB, or held one however couldn’t return by the required date, they are going to be left with no visa to return to Australia on. If this occurred by accident or unknowingly, being unable to return as deliberate would understandably be distressing and really inconvenient.
As a result of it’s not doable to be granted a Bridging Visa from abroad, you would want to use for and be granted a wholly new substantive visa to re-enter Australia on.
What visa ought to I apply for?
This can rely upon the circumstances, urgency, and causes for being in Australia.
If work rights are important, acceptable options is likely to be a Working Vacation (Subclass 417 or 462) visa, Momentary Work (Subclass 400) visa, or Expertise in Demand (Subclass 482) visa. Nevertheless, these purposes might take longer to course of (significantly the Expertise in Demand visa), and have separate issues for grant.
An alternate could also be to acquire a customer visa, corresponding to an Digital Journey Authority, eVisitor, or Subclass 600. The draw back of this might be that customer visas do not need work rights, however this might doubtlessly be the quickest resolution if merely returning to Australia is the precedence.
Is a customer visa actually acceptable?
A typical requirement for the grant of any kind of Australian customer visa is that the applicant is a “real customer” who intends to remain briefly.
At first look, it looks as if this might not presumably be met by somebody who has one other, longer-term visa pending. They evidently need to keep in Australia, which conflicts with the elemental objective of a customer visa.
Division coverage confirms, although, that these “could also be granted in circumstances the place the aim of the grant is to allow an applicant to return to Australia to be granted a visa (together with for the needs of making use of for a Bridging visa in affiliation with a beforehand lodged visa software that’s but to be determined), offered:
- the applicant intends to stay in Australia briefly because the holder of the Subclass 600 visa;
- the applicant will abide by the visa situations to which the Subclass 600 visa is topic;
- the applicant meets all different standards for the grant of a Subclass 600 visa; and
- there is no such thing as a related antagonistic immigration historical past or data in relation to the beforehand lodged software, applicant or sponsor (if relevant).”
In different phrases, regardless of evidently not being a vacationer within the true sense, the Division is seemingly open to approving a customer visa to ‘repair’ the issue of a person discovering themselves abroad with out an acceptable BVB for re-entry.
What occurs as soon as I’m again in Australia?
As soon as the person is again in Australia on the brand new visa, they’ll apply to have their Bridging Visa “re-instated” in affiliation with their pending software.
For instance, if the person returned on a 1-month customer visa, they apply to have their Bridging Visa re-instated in that point. As soon as the 1-month customer visa has expired, the Bridging Visa will mechanically activate (identical to earlier than) so the holder can stay in Australia lawfully till a choice is made on their pending substantive visa software. Once more, the down-side of utilising a customer visa on this technique can be the momentary lack of work rights.
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