Bridging visa validity is more complex than it looks: is it valid until the new visa is granted? When can it cease?

Author of this article

Jason ZHANG

（MARN1805429）

• Australian registered migration agent, CTO of Newstarsec Group, gold medal study and migration consultant in Melbourne branch, pseudonym Lost Not Far Away.

• He has extremely rich experience in handling migration and studying abroad. He likes to use migration law to solve various visa problems. He is good at dealing with various “difficult and complicated diseases”. He has authored hundreds of articles on studying abroad and migration in Newstarsec to let applicants know what is happening and why.

Foreword

Regarding the question of when the bridging visa will take effect, please read my previous article.“Can the bridging visa take effect immediately after application?” Detailed explanation of priority issues between different visas》, let’s discuss it again today,When will the bridging visa be issued?Invalid。

In fact, in most cases, the validity period of the bridging visa does not need to be discussed.Normally, as long as the substantive visa applied for is issued, the bridging visa will automatically become invalid.So what we are going to discuss today,In fact, some special circumstances。

What is the use of knowing the validity period of bridging visa?

During the validity period of the bridging visa,In fact, there are still many things that can be done. For example, holding bridge A, B or C during the period is stillCan submit skilled migration visaof, evenAppeal against visa refusalIn the meantime, it’s still okayApply for 190 or 491。For details, please see my previous article “Is there any solution for visa refusal in China? Detailed explanation of Section 48, AAT appeal and visa rejection rescue methods》。

In addition, if you do not understand the validity period of the bridging visa and it is blocked, you may be punished by being “not allowed to apply for an Australian visa for three years.”This will be discussed in my next article “What circumstances will lead to a 3-year ban on applying for a visa?”“Migration Law PIC 4013, 4014, 4020 Detailed Explanation” has a detailed description, so please pay attention.

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Laws and regulations

Tips

Many friends often have difficulties in understanding when reading the legal regulations. Therefore, before formally explaining the validity period of the bridge visa, I would like to teach you a few tips on reading the legal regulations:Just ignore the adverbial clause for now (or put it in parentheses) and read the subject, predicate and object first.

For example,The preface says that the bridging visa will become invalid after the substantive visa is issued. Taking bridging A as an example, its legal provisions are derived from Clause 010.511(b)(i). You only need to read the blue part of the picture below to understand (bridging visa permitting the holder to remain in Australia until the grant of the visa). The rest (yellow adverbial part) can be temporarily ignored.It will be much easier to understand if you first understand the blue part and then expand your understanding to the yellow part.This is also one of the techniques for reading long and difficult sentences in IELTS:

Validity issues in special circumstances such as visa refusal, AAT appeal, visa withdrawal, visa cancellation, etc.

After mastering the method of reading the legal provisions in the previous section, we can understand it very easilyHow long will Bridge A be valid under other special circumstances?The following is the text of the law:

The following table can be roughly summarized from the above figure:

Therefore, as you can see,Only the visa in hand is cancelled, and the bridging visa will become invalid immediately.。Most other special circumstances,A bridging visa will be issued after a certain “event” occurs.There will still be a 35-day validity period。

However, it is worth noting that there is another special case,It is an appeal (judicial review) to the Federal Circuit Court (FCC).In this case, it is not valid for 35 days like the result of the AAT appeal.But only 28 days.Part of the original text of the law is as follows:

The bridging visa will become invalid upon departure.

The purpose of the bridging visa itself is to stay in Australia (remain in Australia) and wait for the result of the visa application. Once you leave the country, it will become invalid according to Section 82(8) of the Migration Act.If the travel permission for crossing Bridge B has expired (cannot re-enter), it will also become invalid when leaving the country.The original text of the law is as follows:

certainly,If Crossing Bridge B leaves and enters the country before the travel permission expires, it will not cause expiration.. After all, Bridge B itself exists for travel. For questions about the validity period of Bridge B, you can refer to my previous article “After the “validity period” of bridge B expires, will it be automatically transferred back to bridge A?》。

Entry and exit while the substantive visa is valid will not cause the bridging visa to become invalid.

There are preconditions for the bridging visa to become invalid upon leaving the country.This bridging visa needs to be valid before leaving the country before it becomes invalid.This will be explained in detail in the Migration Bureau’s PAM (Procedures Advice Manual), as shown below:

For example,Xiao Ming’s 485 visa expires on June 30, 2023. If Xiao Ming submitted the 189 on April 1 and obtained the bridging A, then Xiao Ming’s return to China on May 1 and return to Australia on June 1 will not cause the 189 bridging A to become invalid. After Xiao Ming’s 485 expires on June 30, the 189 bridge A will take effect immediately.

Conclusion

This is where I will talk about the validity period of the bridging visa. Compared with the validity period of the substantive visa,Bridging visas do not have a fixed length and are obviously much more complicated.。This article only briefly discusses the situations of crossing bridges A, B, and C that are more likely to be encountered by everyone. Other bridge crossings (such as bridge E) will not be elabourated further.If you encounter other complicated situations, you can contact me to discuss it.

Welcome to continue to pay attention to my migration law column, which will help you learn more about migration law.

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Jason Migration Law Column

[Will Bridge B be automatically converted to A after it expires? 】

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[Can I wait for the visa to be issued in the country after submitting it? 】

Can I go back to my country and wait for the visa to be issued if I apply for it within the country? Detailed explanation of Article xxx.411 of the Migration Law!

【Has your visa been refused within the country? what to do? 】

Can I still apply for migration? Detailed explanation of Section 48, AAT appeal and visa rejection rescue methods!

[Can the bridging visa take effect immediately after the application is submitted? 】

Can the bridging visa take effect immediately after application? Detailed explanation of the priority issue of bridging visa!

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Bridging visa validity is more complex than it looks: is it valid until the new visa is granted? When can it cease?

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