What Happens If I Leave Australia Without the Right Bridging Visa?

What happens to a Bridging Visa A when I leave Australia?

A Bridging Visa A ceases when the holder leaves Australia, and it cannot be used to come back. The holder does not get it back on return. This is why a partner visa applicant who wants to travel needs a Bridging Visa B, granted before departure, which allows return within a set travel period. Our articles on the Bridging Visa A and the Bridging Visa B explain the difference.

Does my partner visa application end if I leave without a Bridging Visa B?

A partner visa application does not end merely because the applicant leaves Australia without a Bridging Visa B. The application stays with the Department. The difficulty is practical: the applicant must return to Australia before a Subclass 820 can be granted, and needs a visa to do so. Our page on the Subclass 820 visa explains the requirement to be in Australia at grant.

How can I return to Australia without a bridging visa?

An applicant who left without a bridging visa that allows return needs to apply for another visa that permits entry, usually a visitor visa, and that visa is assessed on its own criteria. The visitor visa may be refused if the Department doubts the applicant intends a temporary stay, and it may carry conditions. Our article on partner visa overseas travel explains how to plan a return, and our article on the partner visa no further stay condition explains the risk of condition 8503.

What if the Bridging Visa B travel period ends while I am overseas?

If the Bridging Visa B travel period ends while the applicant is overseas, the applicant cannot use it to re-enter Australia. The applicant then needs another visa to return, in the same way as someone who left without a Bridging Visa B. Our article on the partner visa Bridging Visa B explains how the travel period is set and how to request one that suits the trip.

Can my work rights or other entitlements be affected?

Work rights and other entitlements can be affected, because they usually come from the bridging visa that ceased. When the applicant returns on a different visa, the conditions of that visa apply instead, and they may not allow work. Our article on partner visa bridging visa work rights explains how to check what is allowed, and our article on partner visa Medicare explains how access to Medicare can be affected.

How does My Migration Lawyers help an applicant who left without the right bridging visa?

My Migration Lawyers starts by confirming exactly which visa the applicant held when they left and what the Department's records show, because the next step depends on those facts. The firm then advises on the safest way back to Australia, prepares any visa application needed for the return and explains the position the applicant will be in on arrival. Applicants overseas, or about to leave, can contact our partner visa lawyers by video and email.