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Can I apply for a Partner Visa while on a Bridging Visa?

You can apply for a partner visa while holding a Bridging Visa. A Bridging Visa allows you to stay in Australia legally while waiting for the outcome of your partner visa application. Depending on your circumstances, you may be granted a Bridging Visa A or Bridging Visa B to ensure your lawful presence.

What is a Bridging Visa?

A Bridging Visa is a temporary visa that allows you to remain in Australia legally while your partner visa application or other visa-related decisions are being processed. This is particularly important if you do not hold a valid visa or need to stay in Australia during the processing of a new application.

A Bridging Visa is essential for individuals applying for a partner visa while staying in Australia. It ensures that you can continue to reside in the country lawfully. Without a valid visa, you risk losing your lawful status, which could affect your future applications or your transition to a permanent partner visa.

A Bridging Visa becomes necessary if your temporary visa has already expired, and you need to apply as an onshore partner visa applicant. Once approved, the Bridging Visa ensures your time in Australia remains lawful until your new visa is either granted or refused.

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Types of Bridging Visas Available in Australia

There are four primary types of Bridging Visas issued in Australia. Understanding these options is essential if you are applying for a partner visa or any other visa while in Australia. Below is a summary of these Bridging Visas:
  • Bridging Visa A (BVA): A Bridging Visa A (BVA) is typically granted to individuals who are in Australia unlawfully but are in the process of applying for a new visa. If you’re in Australia and waiting for a decision on your partner visa application, the Bridging Visa A allows you to remain legally in the country. However, it does not allow you to leave Australia and re-enter without first obtaining another visa.
  • Bridging Visa B (BVB): A Bridging Visa B (BVB) is for individuals who are in Australia unlawfully and wish to travel overseas during the processing of their visa application. This visa permits travel and re-entry into Australia. However, leaving Australia without the correct visa may impact your onshore partner visa application.
  • Bridging Visa C (BVC): A Bridging Visa C, or BVC, is given to those unlawful non-citizens who apply for a substantive visa. A substantive visa permits you to remain in Australia while your application is being processed. If you’re applying for a temporary partner visa, one of the options that keep you in lawful status is to wait for the outcome of your visa application the Bridging Visa C.
  • Bridging Visa D (BVD): The Bridging Visa D (BVD) is issued to people who are in Australia without a valid visa and whose substantive visa application is being processed. It is usually granted when a person lodges a visa application, for example, a prospective marriage visa or a partner visa, and requires a temporary stay while the application is being processed.
  • Bridging Visa E (BVE): Persons issued with a visa called Bridging Visa E (BVE) because they need immigration status regularisation. This can be permission to stay legal in Australia before making arrangements that will see such persons leave; finalize their visa application as well as make necessary immigration applications. A candidate who is submitted for a partnership visa and living in Australia though in an illegal status may come in handy of this kind.

Do all Partner Visa Applications Come With Bridging Visas?

Not all partner visa applications automatically grant a Bridging Visa. To stay in Australia legally while your partner visa application is being processed, as a partner visa applicant who is in Australia, you may need to apply for a Bridging Visa. If you held a valid visa when applying for a partner visa, you might not need an additional Bridging Visa.

For Example

  • If you hold a temporary visa, such as a student visa, and apply for a partner visa onshore, you can remain in Australia under your current visa until a decision is made.
  • However, if your visa expires during this time, you will need to apply for a Bridging Visa to maintain your legal status in Australia.

Limitations or Conditions of Your Bridging Visa for Partner Visa Application

When Bridging Visa Grants are approved for partner visa applications, they come with specific conditions depending on the kind of visa issued. These conditions, in turn, affect your right to travelling, work, or study. It is important to learn deeply about your visa conditions before they cause issues during the processing of your permanent partner visa.

Travel Restrictions

  • Bridging Visa A (BVA) & Bridging Visa B (BVB): A Bridging Visa A (BVA) does not permit leaving Australia without obtaining another visa, such as a Bridging Visa B (BVB) or a visitor visa. Exiting Australia without this could jeopardize your partner’s visa application. In contrast, a Bridging Visa B (BVB) allows travel in and out of Australia, but the holder must secure a travel authority before leaving; otherwise, re-entry may be denied.
  • Work rights: Some Bridging Visas come with provisions that might deny or limit the right to work within Australia during the application for the partner visa. If you need to work for the provision of maintenance for you or your family, you can lodge a separate application for work rights. Financial difficulty may be one of the justifications for asking for work rights, therefore, essentially dealing with the Department of Home Affairs should require this need.
  • Study Rights: At some point, a Bridging Visa may include negative conditions or may limit your capacity to study in Australia. If you are planning to study your case during the waiting period on a partner visa, you may be asked either to apply for study permission or fill up some additional requirements.

Transitioning from a Bridging Visa for Partner Visa

Once the partner visa is applied for and the Bridging Visa is granted, it may come to a transition from a Bridging Visa to a Partner Visa if the application is successful. This will depend on whether one is making an application for a temporary or a permanent partner visa.

In case one is obtaining a temporary partner visa, a Bridging Visa permits one to lawfully remain in Australia while waiting until his or her temporary visa is examined. The temporary visa then comes into effect while one is waiting for his or her permanent partner visa.

When making an application for a permanent partner visa, the Bridging Visa will provide a means for survival until the time the permanent status is granted. Once granted, this will switch from the temporary status of the partner visa to permanent status, whereby one enjoys all the rights of an Australian permanent resident. 

Eligibility Criteria

Partner visa eligibility requirements state that, on the basis that you would continue to meet both minimum eligibility requirements either temporarily or indefinitely, you meet the requirements based on the specified aspects of the proposed relationship with an Australian citizen or permanent resident in the role as spouse or as a de facto partner.

Eligibility also calls for you and your partner to have lived together for a certain period or to have registered your relationship. For the temporary partner visa application, you will be required to provide supporting evidence, such as joint financial responsibilities, joint property ownership, or other shared obligations that demonstrate a long-term, stable relationship.

Evidence of a Genuine and Continuing Relationship

It may just be one thing to prove how genuine the relationship is continued most sincerely. The transition when one is taking his or her partner visa becomes essential after completing a Bridging Visa.
As part of documenting evidence, they have to ensure their relationship at its best as a couple:
  • Joint statements for the couple.

  • Rental of properties or actual property ownership that both of the couples own in their names.

  • Photographs to support the dates.

  • Travel itineraries between couples.

  • Statutory declarations from relatives or friends testifying to your relationship.

What to Expect During the Application Process

The partner visa application process can be quite long, taking several months. However, no matter whether you are applying for a permanent partner visa or a subclass 820 visa, there is always a different processing time.

  • Bridging Visa Requirement: If you are applying onshore then you might require a Bridging Visa to keep the legal status while the visa gets processed. In case the current visa is expired or if the applicant has a temporary visa, it may be necessary to have also a Bridging Visa A (BVA) or Bridging Visa B (BVB).
  • Initial Submission: Submission of the Partner Visa application is to be made providing all the evidence concerning the genuine and continuing relationship with either marriage or de facto relationship.
  • Visa Restrictions: Certain restrictions may apply based on the type of Bridging Visa used, such as 114 ZAA or BVB. These restrictions could include travel limitations, like those associated with 114 BVA, or limited rights to work or study.
  • Evaluation Process: There may be a waiting period for approval just after the application’s submission, during which one should continue to live, work, or study in Australia if the Bridging Visa allows it.
  • Temporary Partner Visa Approval: If you are granted a temporary partner visa, you will be eligible to stay in Australia with your accompanying Australian citizen or permanent resident spouse while awaiting determination on your permanent spousal visa.

Conclusion

The applicants happen to be onshore partner visa applicants, quite often making the application for a partner visa while under a Bridging Visa. Follow the correct procedure, provide true and complete documents, and abide by the conditions of your Bridging Visa so your partner visa application can run smoothly for permanent or temporary. Being on a Bridging Visa, one does not need to remain idle while waiting on the result of a partner visa application, being a legal visitor to remain in Australian territory during the pending period. 

FAQs

Yes, while you have the Bridging Visa, you will be able to apply for your onshore partner visa while physically located within the borders of Australia. For you, on a temporary visa, or an expired valid visa, you will get either Bridging Visa A or Bridging Visa B and wait while that is processed to ensure your continued legal presence within Australia.
Your partner must sponsor your partner’s visa application. Your partner must be either an Australian citizen or a permanent resident of Australia or even an eligible New Zealand citizen.

No, your Bridging Visa will not automatically be extended, and you should ensure you are maintaining a valid visa status during this waiting period. Should your Bridging Visa expire, you may have to apply for another Bridging Visa.

Yes, you can apply for a Bridging Visa B (BVB) if you need to travel outside of Australia. This visa allows you to leave and re-enter the country while your partner visa is being processed.
If your Bridging Visa expires before a decision is made on your partner visa, you will need to apply for another Bridging Visa to maintain lawful status in Australia. To ensure that any issues related to your visa aren’t compromised, this application should be lodged before the end of your current visa.
Yes, if you can appeal the decision of refusing your partner visa application to the Administrative Appeals Tribunal (AAT), you can do so provided you meet the eligibility criteria. You would need to consult a registered migration agent if there was such a development.
The decision to apply onshore or offshore depends on your circumstances. Onshore partner visa applicants usually apply while in Australia on a Bridging Visa.

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  • Bridging Visa C (BVC): A Bridging Visa C, or BVC, is given to those unlawful non-citizens who apply for a substantive visa. A substantive visa permits you to remain in Australia while your application is being processed. If you’re applying for a temporary partner visa, one of the options that keep you in lawful status is to wait for the outcome of your visa application the Bridging Visa C.

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