When a Bridging Visa B “expires”, does it automatically revert to Bridging Visa A? Could you accidentally become an “unlawful non-citizen”?


Author

Jason ZHANG


• MARA-registered migration agent in Australia, CTO of the NewStars Group, and a gold-medal study-abroad and migration consultant in the Melbourne office, writing under the pen name “Mitu Weiyuan”.

• With extensive hands-on experience in migration and study-abroad cases, he enjoys using migration law to resolve all kinds of visa issues and specialises in handling tricky, “hard-to-diagnose” matters. He is the lead author of more than a hundred in-depth study-abroad and migration articles for NewStars, helping applicants understand not just the “what” but also the “why”.


After lodging a visa application onshore (for example, a Subclass 189, 491 or 864, or even certain Subclass 143 applications) and being granted Bridging Visa A, an applicant may need to leave Australia, and therefore applies for Bridging Visa B. Before the pandemic, Bridging Visa B was usually granted with a three-month “validity period”; more recently, most are granted with a one-year validity.

Some readers then ask: once this “validity period” ends, if the visa still hasn’t been granted, does Bridging Visa B automatically revert to Bridging Visa A? Or do you simply become unlawful?

This is a fascinating question, and even quite a few less-experienced agents are unclear about it. If you want to test how technically skilled your agent is, once you’ve read this article you can quietly put this question to them.

PR stands for Permanent Resident / Why is the validity period only 5 years?


Before explaining the validity of Bridging Visa B, I’d like to talk about the validity of PR first, as this helps you understand what Bridging Visa B really means.

The “P” in PR stands for Permanent, but as everyone knows, PR only has a 5-year “validity period” (a Subclass 155 visa may be granted for 1 year or less, which this article won’t discuss further), and PR must be renewed every 5 years. That seems odd: if it’s clearly “permanent”, why say it only lasts 5 years?


The answer is:

This so-called 5-year “validity period” is, in fact, only your “travel facility” — within those 5 years you can return to Australia at any time. Beyond 5 years, if you are offshore, you of course cannot return to Australia (you would need to apply for a Subclass 155 visa to come back).

The “permanent” validity, on the other hand, means that once you enter Australia, as long as you don’t leave, your PR remains valid indefinitely and you can stay in Australia permanently.


Taking the Subclass 190 visa as an example, the original wording of the migration law is as follows:


The Department of Home Affairs website also describes it as follows:


If you still find the meaning of PR hard to grasp, you can read my other article, “How do you renew PR after 5 years? Can you get your PR back after years away from Australia?“, which gives a clearer description of the definition of PR.

Bridging Visa B’s / What exactly is the “validity period”?


Having explained PR’s so-called “5-year validity period”, you should now immediately understand that the so-called 3-month or 1-year validity of Bridging Visa B, just like PR’s 5-year validity, is likewise only a “travel facility”.


Therefore, as long as you return to Australia before the travel facility expires, the Bridging Visa B itself remains valid, and you can keep holding this BVB in Australia while waiting for your visa outcome. This Bridging Visa B simply becomes a Bridging Visa B without travel facility; it does not lapse and turn you into an unlawful non-citizen, nor does it automatically revert to Bridging Visa A.The Department of Home Affairs website describes Bridging Visa B as follows:


Likewise, just as PR can apply for PR again after the 5-year validity period (a Subclass 155 visa is also a form of PR) to obtain travel facility, Bridging Visa B can also, once its 3-month or 1-year “validity period” expires, apply for Bridging Visa B again to regain travel facility.



Conclusion


So, do you now understand what Bridging Visa B really means? Don’t you find bridging visas rather interesting? You’re welcome to keep following my migration law column, where I’ll walk you through more useful migration law insights.


If you need help with a visa issue, feel free to contact me

MARA-registered migration agent (MARN1805429)



JASON

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