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Bridging Visa to Partner Visa

November 18, 2024

If you're applying for a Partner Visa to live together with your spouse, de facto partner or fiancĂ© in Australia, minimising the time you spend apart is so important. 

We've all heard horror stories of couples enduring long separations during the visa process. It makes sense that couples are aiming to avoid this as much as possible! 

A Bridging Visa is often the key to reducing separation and minimising time spent apart. 

Applying for a Partner Visa while onshore in Australia often means transitioning to a Bridging Visa as you wait for your application to be processed.

This article provides a summary of general information about how Bridging Visas work for Partner Visa applicants. 

Keep in mind, while this guide offers a broad overview, it’s crucial to seek personalized advice to ensure the best outcome for your unique circumstances.

Key Facts

  • When applying for a Partner Visa onshore in Australia, you will usually receive a Bridging Visa to stay legally while awaiting the decision.
  • The Bridging Visa can come with specific conditions, such as limited work rights, depending on the type granted.
  • It’s crucial to understand any travel restrictions or other conditions attached to your Bridging Visa and seek professional advice for tailored guidance.

What is a Bridging Visa?

A Bridging Visa is a temporary visa that acts as a "bridge" between your current visa and the visa you're applying for.

For applicants who are in Australia when they apply for a visa, a Bridging visa maintains your legal status in Australia while you wait. A Bridging Visa prevents a visa applicant from becoming unlawful. It comes into effect once your current visa expires.

Bridging Visas can have conditions attached (just like all visas). Bridging Visa conditions can relate to things like work and travel rights. It's crucial to understand and comply with the conditions on the Bridging Visa you hold.

It is important to understand that in most cases you cannot apply for a Bridging Visa on its own; it’s almost always linked to an application for another substantive visa. A Bridging Visa really does function as a bridge between the visa you hold and the visa you have applied for. A Bridging Visa can also allow you to stay lawfully in Australia while waiting for a Merits or Judicial appeal decision.

How will a Bridging Visa help my Partner Visa?

Bridging Visas are a significant advantage for Partner Visa applicants as they allow couples to remain together in Australia while waiting for their Partner Visa application to be processed. When you lodge an onshore Subclass 820/801 Partner Visa application, you usually receive a Bridging Visa that allows you to stay lawfully in Australia while your application is being processed. 

Instead of facing the stress and emotional strain of separation, a Bridging Visa ensures that partners can continue to live, work, or study in Australia, maintaining their daily lives and relationships. This reduces the amount of time couples need to spend apart and helps foster stability and connection during the often-lengthy visa processing period.

Will a Bridging Visa work for me?

Determining whether the onshore Partner Visa pathway will work for you involves understanding your current visa status, conditions attached to it (such as "No Further Stay"), and your eligibility for a Bridging Visa during the application process.

Port Migration can help by reviewing your specific situation and providing tailored advice to create a Partner Visa plan that fits your needs. With our guidance, you’ll know the best steps to take, avoid potential pitfalls, and ensure that your application is as strong as possible for a successful outcome.

Conclusion

At Port Migration, we help couples minimise the time they spend apart by identifying the best Partner Visa pathway for their situation. We use our Simple Partner Visa System to create a Partner Visa Game Plan to help couples minimise the time they spend apart.

For many of our clients, this includes applying onshore in Australia for a Subclass 820/801 visa and then holding a Bridging Visa while they wait for their Partner Visa application to be decided. We bring our 9+ years of industry expertise to make the Partner Visa process smooth and stress free for clients, and we know how important it is to minimise the time couples spend apart.

Whether you're married, engaged, or in a de facto relationship, at Port Migration we are here to streamline the Partner Visa process so you can focus on living your life. 

Ready to start your application? book a consultation with us today, and let us help you secure your future together in Australia.

Frequently Asked Questions

What is a Bridging Visa and why do I need one?

A Bridging Visa allows you to legally stay in Australia while your Partner Visa application is being processed. It "bridges" the gap between the expiry of your current substantive visa (e.g., Visitor or Student Visa) and the decision on your Partner Visa application. This ensures you remain in Australia lawfully and can continue living with your partner during the waiting period.

When does my Bridging Visa become active?

Your Bridging Visa is typically granted soon after you submit your Partner Visa application, but it only becomes active once your current substantive visa expires. Until then, the conditions of your existing visa still apply. For instance, if you're on a Student Visa, you must continue to comply with its conditions until the Bridging Visa activates.

What type of Bridging Visa will I get?

Most Partner Visa applicants receive a Bridging Visa A (BVA), which allows you to stay in Australia but generally does not permit re-entry if you leave the country. If you need to travel, you must apply for a Bridging Visa B (BVB), which provides re-entry rights during the waiting period.

Can I work on a Bridging Visa?

Work rights on a Bridging Visa depend on the type and the conditions attached to it. For example, a Bridging Visa A might come with no work rights initially, but you can request a change if you can demonstrate financial hardship. Partner Visa applicants often find their Bridging Visa allows work once their substantive visa conditions no longer apply.

How long does it take to receive a Bridging Visa after applying for a Partner Visa?

A Bridging Visa is usually granted quickly after submitting your Partner Visa application, sometimes within a few days to weeks. However, it’s essential to ensure your application is complete and correct to avoid any processing delays. Always check your online visa application portal for updates on your Bridging Visa status.

What happens if I hold a 'No Further Stay' condition on my current visa?

A 'No Further Stay' condition (e.g., Condition 8503) prevents you from applying for most visas while in Australia. However, you can request a waiver of this condition under specific circumstances, such as significant changes in your situation. If waived, you can proceed with your Partner Visa application and receive a Bridging Visa.

Can I travel while on a Bridging Visa?

If you hold a Bridging Visa A, travel outside Australia is not allowed unless you apply for a Bridging Visa B, which grants temporary travel rights. It's essential to plan ahead and secure the Bridging Visa B before leaving, as being outside Australia without it could affect your ability to return to Australia while your application is being processed.

Joanna Hill

Registered Migration Agent

Joanna Hill is a Registered Migration Agent with over 8 years experience assisting individuals, business owners and HR managers to apply for all Australian Visas. Joanna’s areas of expertise include Work Visas, Partner Visas, Visitor Visas and Australian Citizenship. She makes the complex and constantly changing process of applying for Australian visas simple and stress free for client sand achieves a 100% success rate for partner visa applications. Joanna is a Member of the Migration Institute of Australia and is registered with the Migration Agents Registration Authority (MARN 1575613). In addition to her work in Migration, Joanna has over 15 years experience as a teacher, Leading Teacher and Learning Specialist in Primary and Secondary schools. She has a research Masters in Education and has presented research and workshops at conferences in Australia and internationally


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