Thursday 18 August 2016

Bridging Visa B - What is it and How Long Can I Travel For?

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Applicants of visas from inside Australia often find themselves on a 'Bridging Visa' awaiting the outcome of their respective visa application. Due to the processing times of some Australian visas, applicants can be on these temporary bridging visas for several months, and sometimes, even years! (See our blog on the Parent Visa Loophole as an example). Despite being in this period of 'limbo', those who hold a Bridging Visa A (Subclass 010) may be eligible for a Bridging Visa B (Subclass 020), otherwise known as a 'travel bridging visa' allowing holders to leave Australia and return to continue awaiting the outcome of their pending Australian visa.

Accordingly, a common question we receive is 'how long can I travel on a BVB'?

In order to answer this question we must turn to Government Policy, being what is used by Departmental case officers when assessing the application for a BVB.

Importantly, policy does not necessarily specify a limit as to how long a BVB can be granted for.

Specifically, the policy states:

​Except for providing that the travel facility period cannot exceed the period that the BVB is in effect ...BVB regulations do not prescribe a length of time for the travel facility period.

and:

It is up to the visa processing officer to specify an appropriate length of time for which to grant a travel facility period to an applicant for a BVB. Officers should exercise judgment, on a case by case basis, in deciding the length of time during which the BVB holder can leave and (re) enter Australia...

However, policy does provide some insight as to how applicants that are in Australia awaiting the outcome of certain visa applications may be assessed. Specifically, applicants of the following visas may be able to request a 12 month travel facility/BVB:

  1. Aged Parent Residence (BP-804) visa
  2. Contributory Aged Parent (Temporary)(UU-884) visa
  3. Contributory Aged Parent (DG-864) visa
  4. SkillSelect GSM visas (SI-189, SN-190 and SP-489)

Importantly however, these applicants may also be able to request longer than 12 months if they can demonstrate exceptional circumstances, including:

  1. The need to care for a terminally ill relative
  2. Involvement in legal proceedings including divorce
  3. Education, business or professional purposes or obligations

All in all, what this shows us is that it will generally be at the discretion of the assessing case officer in terms of how long they choose to allow a BVB visa applicant to travel for. Accordingly, applicants should ensure that when making BVB applications that they specify their desired dates of travel and provide sufficient reasons for the purposes of their departure.

If you require the help of a Migration Agent in the Brisbane CBD today, then give us a call on 1300 MIGR8TE (644 788) or send your enquiry to enquiry@salvomigration.com.au and thank you for visiting our site.

Also, click here for more useful blogs by our Migration Lawyers.

Otherwise you can find us at the following address:

Salvo Migration
320 Adelaide St
Brisbane QLD 4000
https://goo.gl/Bao5ma 


Originally Published here: Bridging Visa B - What is it and How Long Can I Travel For?

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