Understanding your Visa and the Conditions associated with it
Welcome to Australia! There are some details you should know if you are ever thinking about changing visas or applying for a new visa while you are in Australia. One thing for sure is that you should make any applications or seek professional migration assistance before your visa expiry date.
You can’t apply for a new visa in Australia if your visa has a condition that prevents further stay. However, there are some instances where your visa condition can be waived. In some situations, you can ask us to waive the condition.
If you make a new visa application before your current Substantive visa expires, you will be granted a Bridging visa A (BVA) or alternative bridging visa. In most cases you apply for the bridging visa automatically as part of applying for a visa.
Please note, that your bridging visa will lawfully allow you to remain in Australia when:
- your current Substantive visa expires, and
- if the Department of Home Affairs has not yet made a decision on your new visa application
The bridging visa comes into effect when your current Substantive visa expires. You need to comply with the conditions of your current visa until the bridging visa comes into effect. Most importantly, choosing to cancel your current visa will not bring your bridging visa into effect. This will cancel your bridging visa and you will be in Australia unlawfully.
Expression of Interest (EOI)
Some skilled visas require you to submit an Expression of Interest (EOI). An EOI is not a visa application and you will not be granted a Bridging visa by submitting an EOI. Your eligibility for a Bridging visa would only be considered once a valid visa application is lodged. However, if your current visa in Australia is about to expire and you are yet to be invited to make an EOI, you will need to apply for another visa to ensure that you remain lawful in Australia.
Unfortunately, if you do not meet the requirements for the grant of another visa, you will need to depart Australia before your visa expires.
Bridging Visa conditions
Depending on you’re the type of visa you have and the visa conditions attached to it, you may be permitted to work in Australia while on your Bridging Visa A (BVA). On the contrary, if your BVA does not let you work, or has restrictions on working, you can alternatively apply for another BVA that lets you work. However, if you wish to be considered for working conditions, you will need to show evidence of financial hardship for this to be granted. Some facts to keep in mind if you are thinking of this option is that you may not be granted a new BVA that lets you work if your current BVA prevents or restricts you from working in Australia and either:
- your current BVA was granted to you because you have applied for judicial review of the decision made on your substantive visa application or
- you have applied for a protection visa
Also, Protection visa applicants who are applying for a bridging visa on the basis of judicial review and who currently hold the condition 8101 are not able to apply for work rights.
Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you are thinking of applying for a visa and you wish to learn more about your obligations or visa conditions, contact us today on (02) 4626 1002 or send us an email at email@example.com and one of my registered migration agents will be ready to help you.