Master prompt
Bridging visa advisory (BVA/BVB/BVE) + condition 8503 waiver
Map BVA/BVB/BVC/BVE work and travel rights for clients with substantive applications pending. Includes the No-Further-Stay (8503) waiver process via Form 1447.
AustraliaVisa extensionBridging visaBVABVBBVE8503 waiverDirection 21
[CLIENT_NAME] lodged a substantive application on [APPLICATION_LODGED_DATE] while holding a [PRIOR_VISA]. Walk them through which Bridging visa applies and what they can / cannot do.
§1 — DETERMINE WHICH BRIDGING VISA
The Department auto-grants different bridging visas depending on lodgement timing and prior status:
BVA (subclass 010) — Schedule 2 cl.010
• Auto-granted when applicant lodges a substantive visa while holding a substantive visa
• Lodgement must be on/before [PRIOR_VISA_EXPIRY]
• In effect from substantive visa expiry until 28 days after substantive decision
• CANNOT leave Australia and re-enter on BVA — must apply for BVB for travel
BVB (subclass 020) — Schedule 2 cl.020
• For BVA-holders who need to travel internationally
• Apply via Form 1006 + VAC AUD $185 (verify)
• Specifies travel period (typically 3-6 months)
• Permits departure + re-entry once; multiple journeys with merit
BVC (subclass 030) — Schedule 2 cl.030
• For applicants who lodged a substantive application while NOT holding a substantive visa (e.g. visa had already ceased)
• Includes work right ONLY if separately granted under cl.030.211 (with financial hardship evidence)
• Cannot apply for BVB; cannot travel
BVE (subclass 050) — Schedule 2 cl.050
• For unlawful non-citizens awaiting departure or making representations
• Generally no work right; limited
• See au-extension-unlawful-non-citizen-recovery for detail
Based on lodgement on [APPLICATION_LODGED_DATE] before [PRIOR_VISA_EXPIRY]:
• If on time AND no 8503: BVA in effect → §2
• If 8503 applies: substantive application is invalid UNLESS 8503 waived first → §6
• If late: BVC or BVE (separate pathway)
§2 — BVA CONDITIONS — WORK + STUDY
BVA inherits same conditions as [PRIOR_VISA] for the most part. Specific items:
If [PRIOR_VISA] is subclass 500 (Student):
• Continue full-time study at [EMPLOYER_OR_INSTITUTION]
• Work limit: 48 hours per fortnight (Schedule 8 cl.8104)
• Full-time during scheduled course breaks
• OSHC must remain current (cl.8501)
If [PRIOR_VISA] is subclass 482 (TSS):
• Continue work for nominated employer in nominated occupation (cl.8607)
• Cannot take role with new employer until new visa granted
If [PRIOR_VISA] is subclass 600 (Visitor):
• NO work (cl.8101)
• NO study > 3 months (cl.8201)
If [PRIOR_VISA] is subclass 485 (PSW):
• Open work rights — any employer, any role
If [PRIOR_VISA] is subclass 820 (Partner — onshore):
• Open work rights
• Continue cohabitation with sponsoring partner
§3 — STUDY DURING BVA
If new application is subclass 500: BVA permits continued study at [EMPLOYER_OR_INSTITUTION] under same conditions.
If new application is non-student class but client wants to study: limited to courses that fit prior visa's conditions.
§4 — TRAVEL DURING BVA — No
CRITICAL: BVA does NOT permit overseas travel — departure ENDS the BVA.
If No is "Yes" or "Possibly":
STEP 1 — Apply for Bridging Visa B (BVB) BEFORE travel:
• Form 1006 (Application for Bridging Visa B)
• Provide reason for travel (compassionate, business, family event)
• Specify travel window (start + return dates)
• VAC: AUD $185 (single)
• Processing: 5-10 business days typical
STEP 2 — Re-entry on BVB:
• Carry BVB grant notification + valid passport
• Re-enter within BVB validity window (don't overshoot)
STEP 3 — On return, BVB reverts to BVA functionality
Risk if travel without BVB:
• Departure cancels BVA on exit
• Client outside Australia is dependent on the substantive application's decision being made before they need to return
• If substantive grant offshore: client may re-enter as new visa holder
• If substantive refusal: client outside Australia, no return rights
Recommendation table:
• No = "Yes" + critical timing (wedding, funeral): Apply BVB; ensure BVB grant before departure
• No = "Possibly": Wait if processing < 60 days; OK to apply BVB closer to decision
• No = "No": confirm and document
§5 — HEALTHCARE + SUPERANNUATION + DRIVER'S LICENCE ON BVA
• Medicare: continues if client was eligible on prior visa (most work / partner visas yes; visitor / student typically no)
• OSHC (students): MUST be maintained even on BVA — cancellation = condition breach
• Driver's licence: state-issued; tied to visa status — present BVA grant notification at renewal
• Superannuation: contributions continue if working; check Departing Australia Superannuation Payment (DASP) on eventual departure
§6 — CONDITION 8503 WAIVER (Form 1447 + Direction 21)
If No is "Yes": the prior visa carried "No Further Stay" condition. The substantive application lodged on [APPLICATION_LODGED_DATE] is INVALID unless 8503 is waived FIRST.
Waiver process:
A. Lodge Form 1447 (Request to waive a "No Further Stay" condition)
B. Compelling and compassionate circumstances — Direction 21 guidance:
• Major change in circumstances beyond client's control SINCE visa grant
• Examples: serious illness preventing travel; death of close family in Australia; family violence; major natural disaster in home country
C. Evidence:
• Medical certificates (Australian doctor, dated, specifying inability to travel)
• Death certificates / hospital reports
• Police reports / DV evidence
• Country reports (for natural disasters / civil unrest)
D. Statement of circumstances explaining (i) what changed, (ii) why client cannot return, (iii) timeline expected
E. No VAC for waiver request
Processing: 4-8 weeks typical (verify). If granted: substantive application becomes valid; BVA flows from substantive visa application lodgement date. If refused: client must depart by [PRIOR_VISA_EXPIRY].
§7 — DECISION DAY SCENARIOS
When the new substantive application is decided:
Granted:
• New visa in effect from grant date (or future date specified)
• BVA ceases 28 days after grant
• New conditions per the new visa
Refused:
• BVA ceases 28 days after refusal notification
• Within 21 days: lodge AAT review application (s.347) → fresh BVA may auto-grant during review
• If no AAT: depart by BVA cessation date OR become unlawful
• Possible ministerial intervention pathway after AAT (see s.351 / s.417)
§8 — RED FLAGS TO MONITOR
• Department sends a "Natural Justice" letter (s.359) — respond within stated window
• Department requests medical examination / police check — schedule within 28 days
• Application returned for incompleteness — may forfeit BVA; lodge new application before [PRIOR_VISA_EXPIRY] if still possible
• Personal Identifier collection request (biometrics) — attend on time
End with: "DRAFT bridging visa advisory — for MARA-registered migration agent review. Confirm current Schedule 8 conditions on [PRIOR_VISA], current BVB fees, and 8503 waiver guidance under Direction 21 before issuing to client. Travel-without-BVB is the most common cause of stranded clients."Unlock the vault to see the full prompt