Aus Visa Library

Understanding the Skilled Independent Visa (subclass 189)

Visa
Understanding the Skilled Independent Visa (subclass 189)
The Bridging Visa A (BVA) is a temporary visa that lets you stay lawfully in Australia while your new visa is processed, maintaining your legal status between visas with minimal application effort.

The Bridging Visa A (BVA) is one of the most commonly used temporary visas in Australia, but many applicants are unsure what it does, who needs it, and how it can help maintain your right to stay lawfully in Australia during the complex process of migration. This article explains everything you need to know about the BVA, including its importance, how to apply, how it works, its key features, challenges, scenarios, associated costs, duration, statistics, and latest updates.

What is a Bridging Visa A (BVA)?

A Bridging Visa A (BVA), subclass 010, is a temporary visa that allows you to remain lawfully in Australia while your substantive (main) visa application is being processed, or while you are waiting for the outcome of an application for judicial or merits review of a visa decision. It is not intended for permanent residence, but rather acts as a "bridge" between two substantive visas.

Why it's Important

  • Maintains your lawful immigration status between visas.
  • Ensures you don’t become unlawful if your previous visa expires before your new visa is granted.
  • Enables you to remain in Australia without issue during lengthy visa processing times.
  • Gives peace of mind to students, workers, families, and others as their visa status changes.

How Does a Bridging Visa A Work?

When is a BVA Granted?

A BVA is typically granted automatically when you apply for a new substantive visa while you hold a current substantive visa, and you are in Australia at the time of application. The BVA becomes active only when your previous visa expires.

Example Scenarios

  • A student applies for a Temporary Graduate visa before their Student visa expires — a BVA is granted.
  • A working holiday maker applies for a Partner visa before the working holiday visa expires — a BVA bridges the gap.
  • A 481/TSS visa holder applies for Permanent Residency before their temporary work visa expires — a BVA keeps them lawful during processing.

Typical Process

  1. Lodge a Valid Visa Application: Apply for a substantive visa while inside Australia, on a valid visa.
  2. Automatic BVA Grant: In most cases, a BVA is granted automatically (usually notified via email or ImmiAccount).
  3. BVA Activation: BVA starts only when your previous visa expires.
  4. BVA Ends: When you are granted a new substantive visa, depart Australia, or your BVA is cancelled or expired.

Key Features of a BVA

  • No Travel Rights: You usually cannot re-enter Australia on a BVA if you travel overseas (need to apply for a BVB for travel).
  • Limited Work Rights: Your work rights depend on your previous visa and the new visa you applied for.
  • No Additional Application Fee: Normally included with your main visa application.
  • Duration: Lasts until your new visa is granted or refused, or until review/appellate outcomes are finalised.
  • Health Insurance Required: Especially for applicants from countries without reciprocal health agreements.

Key Benefits

  • Legal Stay: Keeps you lawful, avoiding risk of being barred from future visa applications.
  • Time to Plan: Allows you to continue working, studying, or living while your case is reviewed.
  • Access to Services: In many cases, keeps access to Medicare (if on a bridging associated with a Partner visa, etc).
  • Review Rights: You can stay in Australia while appealing a visa refusal, subject to eligibility.

Common Challenges and Solutions

Travelling While on a BVA

  • Challenge: BVA holders who travel overseas will not be able to return to Australia on their BVA.
  • Solution: Apply for a Bridging Visa B (BVB) before travelling for temporary travel rights.

Work Rights Issues

  • Challenge: Not all BVA holders have unlimited work rights; some are subject to previous visa conditions.
  • Solution: Apply separately for work rights if eligible by demonstrating financial hardship or based on the type of visa applied for (e.g., some partner/dependent visas).

BVA Not Yet Active

  • Challenge: BVA does not start until your current substantive visa expires, which can lead to confusion.
  • Solution: Check your visa status and expiry on VEVO or with your migration agent.

Visa Refusal

  • Challenge: If your visa application is refused, your BVA might expire unless you lodge a valid review application within prescribed timeframes.
  • Solution: Seek migration advice promptly after any refusal or cancellation.

Typical Professions and Applicants

Bridging Visas apply broadly, covering a huge variety of circumstances:

  • Students: Transitioning out of their Student Visa
  • Temporary Workers: Particularly TSS/482, 457, 485, and working holiday visa holders
  • Partner Visa Applicants: Awaiting decisions on offshore/onshore Partner or Prospective Marriage visas
  • Skilled Migrants: Awaiting skilled visa (subclass 189, 190, 491, etc.) outcomes
  • Protection Visa Applicants: Waiting for protection/humanitarian visa outcomes
  • Review Applicants: Those appealing refusals through the AAT or courts

Frequently Asked Questions (FAQs)

Q. Do I need to apply separately for a BVA?
A: Usually, no. A BVA is granted automatically if you meet the criteria. Manual application may be necessary in limited situations (e.g. after a substantive visa expires while waiting appeal outcomes).

Q. Can I work while on a BVA?
A: Depends on the conditions attached to your previous visa and the visa type applied for. Visa instructions will state your work rights.

**Q. Can I travel overseas on a B