What Happens to My Bridging Visa If My Partner Visa Is Refused?

Does my bridging visa stop the day my partner visa is refused?

A bridging visa does not stop on the day a partner visa is refused. Under Schedule 2 of the Migration Regulations, a bridging visa granted with the partner visa application ceases a fixed period after the refusal decision, which gives the applicant a short window to apply for review or make other arrangements. The exact date matters, so the applicant should check it in the refusal letter and in VEVO straight away. Our guide to bridging visas in Australia explains how each bridging visa works.

What happens to my bridging visa if I apply for Tribunal review?

A bridging visa continues while the Administrative Review Tribunal reviews the partner visa refusal, provided the review application is made within the time limit and is valid. The bridging visa then ceases a fixed period after the Tribunal affirms the refusal, or continues if the Tribunal sends the application back to the Department. This is why a valid and timely review application protects both the review right and the applicant's lawful status. Our article on the partner visa ART review process explains the steps.

Can I keep working on my bridging visa after a refusal?

An applicant can generally keep working on a bridging visa after a refusal if the bridging visa allows work and has not yet ceased. The conditions on the bridging visa do not change merely because the partner visa was refused. Work rights during review are explained in our article on working after a partner visa refusal.

Can I travel on a Bridging visa B after my partner visa is refused?

An applicant should not assume a Bridging visa B allows travel after a partner visa refusal, because leaving Australia carries risks for both the bridging visa and any later onshore application. Whether a Bridging visa B is still in effect, and whether return is possible, depends on its travel period and the stage of review. Our article on travel after a partner visa refusal explains these risks, and our article on a refused Bridging visa B covers related problems.

What happens if my bridging visa ends after the Tribunal decision?

If a bridging visa ends after the Tribunal affirms the refusal and the applicant holds no other visa, the applicant becomes an unlawful non-citizen. Any later onshore partner visa application would then face the Schedule 3 criteria, and the section 48 bar may limit which visas can be applied for in Australia. Our article on Schedule 3 criteria for partner visas explains why maintaining lawful status matters so much.

How does My Migration Lawyers protect your status after a partner visa refusal?

My Migration Lawyers works out the exact date a client's bridging visa will cease, lodges a valid review application before the deadline where review is appropriate, and checks the bridging visa position again after lodgement. The firm also advises on travel, work and the next steps if the Tribunal affirms the refusal. Applicants facing this issue can learn more on our partner visa refusals page.