Australia Explains 2 Conditions Visitors Must Meet to Extend Their Stay
Australia
Australia’s Department of Home Affairs has outlined the conditions visitors must meet to remain in the country legally after their current visa expires, including the rules governing bridging visas and applications for permission to work.
The guidance is particularly relevant to foreigners who want to stay in Australia while waiting for a decision on a new visa application. However, applying for another visa does not automatically grant every applicant permission to work or guarantee that they can remain in the country indefinitely.
Under the department’s guidance, eligible visitors who lodge a valid application for a new substantive visa before their existing visa expires may generally be granted a Bridging Visa A (BVA). The bridging visa can allow them to remain lawfully in Australia while their new application is being processed.
Australia Lists 2 Conditions for a Bridging Visa to Take Effect
A Bridging Visa A does not necessarily become active immediately after it is granted. According to the Department of Home Affairs, two conditions must be met before it takes effect.
The first is that the visitor’s current substantive visa must have expired. The second is that a decision on their new visa application must still be pending.
Once these conditions are met, the bridging visa can allow the individual to remain in Australia legally while the immigration authorities assess their application.
Until the bridging visa takes effect, visitors must continue to comply with the conditions attached to their existing visa.
The department also warned that cancelling a current visa does not activate a bridging visa. Instead, cancelling the relevant visa can cancel the bridging visa as well, potentially leaving the individual without lawful immigration status.
Visitors should check their visa conditions and understand their options before taking any action that could affect their legal status.
Australia Clarifies That an Expression of Interest Is Not a Visa Application
Foreigners pursuing skilled migration opportunities must understand the difference between submitting an Expression of Interest (EOI) and lodging a formal visa application.
An EOI is used for certain skilled migration pathways to indicate a person’s interest in being considered for an invitation to apply. However, it is not a formal visa application and does not, by itself, lead to the grant of a bridging visa.
Eligibility for a bridging visa is assessed after a valid visa application has been lodged, subject to the relevant requirements.
This distinction matters to people whose current visas may expire while they wait for an invitation to apply for a skilled visa.
The department advises that anyone in this situation should consider whether they can apply for another suitable visa before their current visa expires. If no appropriate visa option is available, they may need to leave Australia before their existing visa expires to avoid becoming unlawful.
Submitting an EOI alone should not be treated as permission to remain in Australia beyond the expiry of a current visa.
READ ALSO
Australia Subclass 192 Visa: 13 Requirements for Permanent Residency
Can Visitors Work While Waiting for an Australian Visa Decision?
Whether a Bridging Visa A holder can work depends on the conditions attached to the visa.
Some holders may be allowed to work, while others may face restrictions or be prohibited from working. Applicants can check their individual conditions through their visa grant letter or the Australian Government’s Visa Entitlement Verification Online (VEVO) system.
People whose bridging visas do not permit work, or restrict their employment, may be able to apply for another bridging visa with work rights. However, approval is not automatic.
The department’s guidance states that applicants seeking work rights must demonstrate financial hardship, where that requirement applies.
Certain applicants are excluded from accessing work rights under the stated rules. These include people whose Bridging Visa A was granted because they applied for judicial review of a substantive visa decision.
The guidance also identifies protection visa applicants as ineligible for work rights on a bridging visa under the relevant restrictions. Specific rules apply to protection visa applicants seeking a bridging visa through judicial review who hold condition 8101.
If an applicant does not meet the requirements for work permission but remains eligible for a Bridging Visa A, the department may grant a new bridging visa with the same work restrictions as the previous one.
Foreigners should not assume that permission to remain in Australia automatically gives them permission to take up employment.
What Nigerian Travellers Should Know About Australia’s Bridging Visa
For Nigerians visiting Australia, the rules offer an important distinction between extending a lawful stay and obtaining permission to work.
A Nigerian citizen who is already in Australia on a valid visitor visa should not assume that submitting an EOI, making plans to apply for another visa or simply waiting for an immigration decision will protect their status.
The relevant steps depend on the type of visa held, the application being pursued and whether the individual meets the requirements for a bridging visa.
Visitors considering a new visa application should check the conditions of their existing visa, confirm that their intended application is valid and understand when any bridging visa would take effect.
They should also verify whether employment is permitted before accepting a job or beginning work. A bridging visa’s work conditions can differ from one holder to another.
The Australian Department of Home Affairs remains the appropriate authority for checking individual visa conditions and the requirements for different immigration pathways.
Australia Maintains Separate Rules for Skilled Migration and Permanent Residency
The bridging visa guidance is separate from the eligibility requirements for Australia’s skilled migration and permanent residency programmes.
An EOI may form part of the process for certain skilled visas, but applicants must still receive an invitation where required and submit the appropriate visa application.
Similarly, eligibility for a particular permanent residency pathway does not automatically mean that a person can remain in Australia indefinitely while waiting for an invitation.
Foreign nationals should confirm the requirements for their specific visa category rather than relying on general advice about bridging visas.
Understanding these distinctions can help visitors avoid overstaying their visas, breaching employment restrictions or mistakenly assuming that an expression of interest grants them lawful status.
Frequently Asked Questions
1. What are the two conditions for an Australian Bridging Visa A to take effect?
The person’s current substantive visa must have expired, and a decision on their new visa application must still be pending.
2. Can I apply for a bridging visa before my current Australian visa expires?
Eligible applicants who lodge a valid application for a new substantive visa before their current visa expires may generally be granted a Bridging Visa A. Eligibility depends on the visa and application requirements.
3. Does submitting an Expression of Interest allow me to stay in Australia?
No. An Expression of Interest is not a formal visa application and does not, by itself, grant a bridging visa.
4. Can I work in Australia on a Bridging Visa A?
It depends on the conditions attached to the visa. Some holders can work, while others face restrictions. Applicants seeking work rights may need to demonstrate financial hardship and must meet the applicable requirements.
5. What happens if my Australian visa expires before I receive a skilled visa invitation?
An Expression of Interest does not protect your immigration status. You should check whether you qualify for another visa and apply before your current visa expires, where possible. If no suitable visa option is available, you may need to leave Australia before expiry.
6. Can Nigerian citizens use Australia’s Bridging Visa A?
Nigerian citizens already in Australia may be eligible if they meet the relevant bridging visa requirements. Eligibility depends on their current visa, the application lodged and their individual circumstances—not nationality alone.
7. How can I check my Australian visa work conditions?
Check the visa grant letter or use the Australian Government’s Visa Entitlement Verification Online (VEVO) service to confirm the conditions attached to your visa.