Difference Between Bridging Visa A and C

Bridging Visa A vs. C: Key Differences You Must Know

Navigating the complex Australian visa system can be confusing, especially when it comes to understanding the different types of bridging visas. Bridging visas serves an important function – they allow visa applicants to lawfully remain in Australia while they await the outcome of a substantive visa application. 

But what is the difference between the two most common types – Bridging Visa A and Bridging Visa C? Let’s break it down in detail.

But First, What is a Bridging Visa?

A bridging visa is a temporary visa that enables someone to stay in Australia for a defined period while they finalise their immigration status. 

Bridging visas “bridge” the gap when someone holds a substantive visa that’s about to expire, or they’ve applied for a new substantive visa. 

A substantive visa is any Australian visa that allows you to travel, live and work for an extended period like skilled work visas, permanent residency, partner visas etc.

Common situations when a bridging visa is issued:

• Your current substantive visa is expiring soon and you have applied for a new one.
• Your temporary visa has expired and you have put in an application for a long-term visa.
• You are currently out of Australia and have applied for a new Australian visa.
• You hold a New Zealand passport and have applied for a resident return visa.

There are a few types of bridging visas, each with specific eligibility criteria and conditions. The main ones are Bridging Visa A, B, C, D and E.

Overview of Bridging Visa A (BVA)

Bridging Visa A (BVA) is for people who apply for a substantive visa while holding a valid Australian visa. It allows them to remain lawfully in the country while their application is processed. 

For example, someone on a Temporary Skills Shortage 482 visa lodges an application for an Employer Nomination Scheme 186 visa. They would be eligible for a BVA to keep working for their employer while the 186 is processed.

Some common scenarios where you may get a Bridging Visa A include:

• Holding a working or student visa and applying for permanent residency.
• Being on a 482 temporary work visa and your employer sponsors you for a 186 permanent residency visa.
• Coming to Australia on a tourist visa and applying for a partner visa while visiting your Australian spouse.
• Holding a Working Holiday 417 visa and lodging an application for a Skilled Work Regional 491 visa.

Key features of Bridging Visa A:

• Granted to valid visa holders who have applied for a substantive visa.
• Allows you to keep living, working and travelling in Australia usually under your previous visa conditions until a decision is made.
• Often granted automatically with a substantive visa application if you hold a valid visa.
• No additional work or travel conditions beyond your previous visa.
• Stays in effect until a decision is made on your substantive visa application.
• Lets you remain lawfully in Australia during processing.

Overview of Bridging Visa C (BVC)

Bridging Visa C (BVC) is for people who lodge a valid substantive visa application while holding no visa, meaning they are unlawful. 

For example, a tourist overstays their visa and then applies for a partner visa. They could be eligible for a BVC while their partner visa is processed.

Some common situations where you may get a Bridging Visa C include:

• Overstaying your current visa and becoming unlawful, then applying for a new visa.
• Entering Australia on a visitor visa but working in breach of it, making you unlawful.
• Letting your previous substantive visa expire and applying for a new one as an unlawful citizen.
• Applying for a protection visa as a refugee or asylum seeker while being treated as unlawful.

Key features of Bridging Visa C:

• Granted to unlawful non-citizens who have applied for a substantive visa.
• Allows you to live lawfully in Australia until your application is finalised.
• Usually has a “no work” condition but can include work rights if granted by the department.
• Cannot travel outside Australia and return.
• Acts as a basic safety net for unlawful non-citizens while your status is resolved.
• Stays in effect until a decision is made on your substantive visa application.
• Provides a legal status while your unlawful status is being finalised.

Key Differences Between BVA and BVC

Now we understand the basics of Bridging Visa A and C, what are the key differences?

• Eligibility: BVA is for visa holders, while BVC is for unlawful non-citizens.
• Rights: BVA maintains your work rights, while BVC often has a “no work” condition.
• Travel: BVA lets you travel in and out of Australia, BVC does not allow overseas travel.
• Flexibility: BVA retains previous visa benefits, BVC offers less flexibility.
• Application: BVA is often automatic, BVC requires manual application.
• Pathways: BVA maintains visa pathways, BVC has reduced pathways.

As you can see, the main differences come down to whether you hold a valid visa or not when applying for a new substantive visa. 

Bridging Visa A offers greater flexibility and rights compared to Bridging Visa C. But BVC still provides a crucial legal safety net for unlawful non-citizens.

The type of bridging visa you are eligible for depends on your individual circumstances when lodging an application.

Other Bridging Visas

While BVA and BVC are the most common, there are also some other less frequent bridging visa types:

• Bridging Visa B – For BVA or valid visa holders needing to briefly travel overseas and return to Australia while their application is processed. It effectively “pauses” your BVA.
• Bridging Visa D – A short-term bridging visa granted in limited situations to immigration detainees so they can temporarily make arrangements relating to their immigration status.
• Bridging Visa E – For those ineligible for other visas, it allows a short window to make arrangements to depart Australia. Often a last-resort option.

Each bridging visa has specific eligibility criteria, application process, work rights, travel conditions and duration set by the Department of Home Affairs. But for most applicants, Bridging Visa A or C will be applicable.

Seeking Legal Advice From Immigration Lawyers in Sydney

Australia’s visa system is remarkably complex, so obtaining expert legal advice can often be crucial when navigating bridging visas. 

The experienced migration agents and lawyers at Parish Patience are Sydney locals trust when it comes to immigration law.

Some key ways they can help:

• Assess your eligibility for bridging visas based on your circumstances.
• Understand the differences between visas and make sure you apply for the right one.
• Handle the application process and communicate with the department on your behalf.
• Provide guidance on the conditions, restrictions and implications of your bridging visa.
• Offer ongoing support until a decision on your substantive visa application.

With decades of experience between them, our lawyers and agents offer practical immigration advice and solutions tailored to your individual situation.

Conclusion

Bridging Visa A and Bridging Visa C both serve important roles for visa applicants who need to remain lawfully in Australia. 

Understanding the key differences in eligibility criteria, work rights, travel conditions, and processing is vital when applying.

While Bridging Visa A offers greater flexibility for valid visa holders, Bridging Visa C provides a basic legal safety net for unlawful non-citizens. 

Obtaining expert guidance from an experienced migration agent or immigration lawyer in Sydney can greatly assist in the process.

Don’t risk your visa status – contact Parish Patience Immigration Lawyers today for assistance with bridging or substantive visas.