My Bridging Visa Ends Soon After My Partner Visa Refusal. Who Can Help Urgently?
Key points
- A bridging visa linked to a refused Subclass 820 application generally ends a set period after the refusal is notified, unless a valid review application is lodged.
- A valid application to the Administrative Review Tribunal generally keeps the bridging visa in effect while the review is pending.
- Section 48 can limit which visas a person can apply for in Australia after a refusal.
Why does my bridging visa end after a partner visa refusal?
A bridging visa ends after a partner visa refusal because it was granted to keep the applicant lawful only while the partner visa application was being decided. Once the application is refused, the bridging visa generally continues for a limited time to allow review to be sought, and then ends if no valid review application is lodged. The bridging visa grant notice and VEVO show the conditions, and our article on what happens to a bridging visa after refusal explains the rules.
Does lodging a review keep my bridging visa?
Lodging a valid review application with the Administrative Review Tribunal generally keeps the bridging visa in effect while the review is pending and for a period after the Tribunal decides. The review application must be lodged within the time limit by the correct applicant. A review that is lodged late does not revive the bridging visa. Our article on the ART review process explains how to lodge.
What can be done today if the bridging visa ends this week?
When a bridging visa ends within days, the first task today is to confirm the review deadline and, where review is appropriate, lodge a valid review application without waiting for evidence. Evidence and submissions can usually be filed later. Where review is not available or not appropriate, the person needs advice on whether another visa can be applied for in Australia, or on arranging departure before becoming unlawful. Our article on urgent immigration lawyer advice explains what to have ready.
Can I keep working while the review is pending?
A person whose bridging visa continues during review can generally keep working if the bridging visa allows work. The conditions do not usually change because review was sought. Working after the bridging visa ends, or in breach of a condition, creates serious problems for any future application. Our article on working after a refusal explains the position.
What if I need to travel while my bridging visa is in effect?
A person who needs to travel while on a bridging visa after a refusal must not leave Australia without first checking the effect. A Bridging Visa A generally ends when the holder leaves Australia, so a Bridging Visa B must be granted before departure, and it is granted only where the reasons for travel are substantial. Leaving without one can leave the person unable to return while the review is pending. Our article on the Bridging Visa B after refusal covers this issue.
How does My Migration Lawyers respond when a bridging visa is about to end?
My Migration Lawyers responds to a bridging visa that is about to end by treating the deadline as the first priority: the firm confirms the dates from the refusal notice and VEVO, decides with the client whether review is appropriate and lodges the review application quickly so the bridging visa continues. The firm then plans the evidence and advises on work, travel and the next stage. Clients can read more about the firm's work on partner visa refusals and speak with our partner visa lawyers.
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