A BVE is a temporary visa issued as a last resort to those whose substantive visa has expired or is about to expire and who are making arrangements to leave Australia, awaiting an immigration decision, or appealing a visa refusal. As BVE is quite tricky, there are many important aspects of BVEs that can only be known by partnering with Bridging Visa Lawyers Perth.
This post will serve as a guide for addressing the application process, conditions, processing times, and work rights of the two subclasses.
A Bridging Visa E is a provisional visa that allows an individual lawfully to stay in Australia due to specific circumstances. The basic objective of a BVE is to bridge one expiring permit. It ensures that the applicant can remain lawfully present in Australia throughout that period.
This is issued to unlawful non-citizens who are planning to leave Australia. It does not provide work rights and is usually issued for a short time.
This is the subclass for applicants who have lodged a substantive visa application or are seeking a review of a visa refusal decision. Work rights are not automatically granted but may be applied for in specific circumstances.
You typically do not “apply” for a BVE in the same manner you would for a substantive visa, for instance, say, the Bridging Visa B Application Process. Rather, a BVE is often granted automatically when your prior visa expires, and you have an application for another visa pending or are making arrangements to depart. In certain situations, you may be required to seek a Bridging Visa CÂ as a precursor or the BVE as a last resort from the Department of Home Affairs.
An Australian Lawful Status must be ensured. If the visa in question expires and no application or plan to leave Australia has been lodged, then the non-citizen is considered an unlawful one.
The applicant has to engage with the Department of Home Affairs and provide it with all necessary information and documents.
If your visa situation is complicated, it would be wise to consult a registered immigration lawyers Perth.
BVEs come with several conditions. Again, they can vary because of personal circumstances. Other common conditions are as follows:
You may need to report to the Department of Home Affairs at regular times.
During a BVE, you are generally not allowed to travel outside Australia. If you travel without prior permission, the BVE will be cancelled. Once it happens, it might be complicated to get back to Australia.
Rights to work are usually not automatically provided in a BVE. Depending on various circumstances, you may obtain permission to work if you have strong grounds, such as financial hardships.
Rights to study are also typically limited.
Since BVEs automatically apply in many cases, there is no stipulated processing time. That being said, you can calculate the estimated delay using this visa processing time guide tool. Additionally, it will all depend upon how long it takes before your substantive visa application is processed or appealed.
This is one of the most important aspects for many individuals to consider. As highlighted, BVEs are usually for non-work rights holders. One has to lodge an application with the Department of Home Affairs and show compelling grounds, among them being:
You must prove you cannot sustain yourself without working.
Other compelling reasons may be considered on a case-by-case basis.
The bridging visa E serves as a safety net for individuals when their visa expires, when they submit visa applications, or when they are awaiting their appeal processes. Since it guarantees lawful presence within the country, it is important to understand its limitations and consult Immigration Lawyers Perth for better assistance.
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