Bridging Visa After a Visa Refusal: What Happens to Your Status?

Refusal, ART Review and Bridging Visas Are Separate Decisions

Three events are commonly treated as though they happen automatically together:

1. Home Affairs refuses a substantive visa application;
2. an eligible person applies for ART review; and
3. a Bridging Visa A is granted or comes into effect.

They should not be collapsed into one process.

A person may already have been granted a bridging visa when the substantive visa application was lodged. That bridging visa may still be inactive while another visa remains in effect.

Another person may need to make a separate bridging-visa application because of their visa history, the stage of the matter or the action now being taken.

The ART confirmation establishes that a review application has been received. It does not, by itself, establish:

• which visa the person currently holds;
• whether a bridging visa has been granted;
• whether that bridging visa is currently in effect;
• what conditions apply;
• whether the person can work;
• whether the person can study; or
• whether departure and return are permitted.

Those matters must be checked through the bridging-visa grant notice, the complete visa history and the current VEVO record.

Step 1 — Identify the Visa Currently Held

Start with the visa that is actually in effect today.

After a refusal, that may be:

• the substantive visa the person held before lodging the refused application;
• a Bridging Visa A;
• a Bridging Visa B;
• a Bridging Visa C;
• another bridging visa;
• another substantive visa; or
• no current visa, where lawful status has already been lost.

Do not infer the answer from the subclass that was refused.

Check:

• the current VEVO result;
• the grant notice for every bridging visa issued in connection with the application;
• the expiry or cessation information for the previous substantive visa;
• the refusal notification;
• the date any ART application was made;
• whether a bridging-visa application was separately lodged; and
• whether the person has travelled since the bridging visa was granted.

Step 2 — Check Whether the Bridging Visa Is in Effect

A bridging visa can be granted without being the visa currently in effect.

For example, a person may hold a substantive visa when a new substantive application is lodged. A bridging visa may be granted in connection with that application but remain inactive while the existing substantive visa continues.

The bridging visa may later come into effect when the current substantive visa ceases, subject to the terms of the grant and the person’s circumstances.

This creates an important distinction between:

• granted — a bridging-visa grant notice exists;
• in effect — the bridging visa is presently the visa governing the person’s stay; and
• ceased — the visa no longer provides lawful status.

Do not tell an employer, university, airline or other organisation that a person is “on a Bridging Visa A” merely because a grant notice appears in ImmiAccount.

Check the current status through VEVO and read the commencement and cessation information in the grant notice.

Step 3 — Check Work and Other Visa Conditions

Lawful status does not automatically include permission to work.

The conditions applying to a bridging visa must be identified from:

• the bridging-visa grant notice;
• the current VEVO record;
• any later notice varying the visa conditions; and
• any further bridging visa granted after the original notice.

Conditions may regulate:

• work;
• study;
• reporting;
• residential arrangements;
• conduct or compliance requirements; and
• other matters specific to the visa granted.

Do not assume that conditions are reproduced automatically and identically from the previous substantive visa.

Two people whose applications for the same visa subclass were refused may still have different bridging-visa conditions because their visa and application histories differ.

Work Rights Must Be Checked, Not Inferred

A person should not begin or continue employment merely because:

• their ART review is pending;
• they previously had work rights;
• their employer assumes that review preserves those rights;
• another applicant received unrestricted work permission; or
• the bridging visa is described as keeping them lawful.

The relevant question is:

“What work conditions are recorded against the visa currently in effect?”

Where the bridging visa does not permit work, or imposes restrictions that are causing financial hardship, it may be necessary to examine whether an application to vary the conditions is available.

The availability and requirements of that process depend on the bridging-visa subclass and the person’s circumstances.

Step 4 — Check Travel Before Leaving Australia

A Bridging Visa A should not be treated as permission to leave Australia and return.

Home Affairs identifies the Bridging Visa B as the bridging visa that can allow a person to leave and return during a specified travel period.

Before travel, check:

• which visa is currently in effect;
• whether that visa has a travel facility;
• whether a Bridging Visa B application is available;
• the period of travel requested;
• the defined travel period on any BVB granted;
• the effect of departure on the bridging visa currently held;
• whether the person can return before the travel facility expires; and
• whether departure affects the ART matter or another pending process.

Do not purchase non-refundable travel merely because:

• an ART application is pending;
• a Bridging Visa A has been granted;
• the passport remains valid;
• the airline allows the booking; or
• the applicant expects a Bridging Visa B to be approved.

Official information:
Home Affairs — Travel on a Bridging Visa
and
Home Affairs — Bridging Visa B.

What Happens to Your Bridging Visa When ART Review Ends?

The effect of an ART decision cannot safely be described as simply:

• win the review and receive the visa; or
• lose the review and receive another fixed period to leave.

The ART may:

• affirm the original decision;
• vary the original decision;
• set aside the decision and substitute another decision; or
• remit the matter to Home Affairs for reconsideration.

The bridging-visa consequences depend on:

• the outcome made by the ART;
• the bridging-visa subclass held;
• when that bridging visa was granted;
• the substantive visa application with which it is associated;
• whether Home Affairs must reconsider the application;
• whether another visa is granted;
• whether another review or court process is commenced; and
• the cessation provisions applying to the particular bridging visa.

If the ART Affirms the Refusal

An affirmation means the ART agrees with the original refusal decision.

The person should then check immediately:

• the date of the ART decision;
• the current VEVO record;
• the cessation terms in the bridging-visa grant notice;
• whether another bridging visa is required;
• whether another visa application can legally be made;
• whether departure planning is required; and
• whether advice from an Australian legal practitioner about judicial review is needed.

The fact that the ART review has ended does not, by itself, calculate the person’s final lawful-stay date. That date must be checked against the actual bridging visa and the event that caused the review to end.

If the ART Sets Aside or Varies the Decision

A favourable ART outcome does not always mean that a substantive visa appears immediately in VEVO.

The result may depend on the power exercised by the Tribunal and the decision under review.

Where the outcome results in the associated substantive visa being granted, the Bridging Visa A may cease when that substantive visa is granted.

Until the grant is confirmed, the applicant should continue checking:

• Home Affairs correspondence;
• ImmiAccount;
• the current VEVO record;
• requests for updated evidence or information; and
• the conditions applying to the visa currently in effect.

Do not begin work, travel or make other significant decisions on the assumption that a favourable ART decision is itself a substantive-visa grant notice.

If the ART Remits the Matter to Home Affairs

A remittal sends the matter back to Home Affairs for reconsideration.

Home Affairs may still need to:

• reassess the visa application;
• apply the ART’s findings or directions;
• check remaining visa criteria;
• request updated documents;
• obtain health, character or other information; or
• make a further decision on the substantive visa application.

The applicant should not describe the visa as granted merely because the refusal has been remitted.

The bridging-visa position should continue to be checked while Home Affairs completes the reconsideration process.

If the ART Has No Jurisdiction

The ART may decide that it has no jurisdiction to review the matter.

That can occur where, for example:

• the decision is not reviewable;
• the application was made outside the applicable time limit;
• the wrong person applied;
• the application did not meet the requirements for a valid review; or
• another jurisdictional requirement was not satisfied.

A no-jurisdiction outcome can affect the bridging visa associated with the review process. The cessation position should be checked immediately rather than assuming that the visa continues because the substantive merits were never considered.

What Happens If the ART Review Is Withdrawn?

Withdrawal ends the ART review without the Tribunal deciding the substantive merits.

Before withdrawing, check:

• why the review is being withdrawn;
• whether another visa application has been validly lodged;
• whether that application produces another bridging-visa position;
• when the existing bridging visa is expected to cease;
• whether work rights continue during any remaining period;
• whether departure from Australia is required; and
• whether withdrawal affects another migration or court strategy.

Do not withdraw merely because:

• a new visa application is being prepared;
• an employer says sponsorship will be available;
• the applicant intends to leave Australia later;
• the review appears unlikely to succeed; or
• another adviser has suggested that withdrawal has no immediate consequence.

The new pathway should be checked and, where legally available, properly established before the existing review and bridging-visa position is surrendered.

What to Check While ART Review Is Pending

A bridging visa should not be treated as a document that can be filed away until the ART decides the case.

Check the visa position again whenever there is a significant procedural or personal change.

Check the Current Visa and Conditions

• Use VEVO to confirm the visa currently in effect.
• Keep the bridging-visa grant notice.
• Check work, study and reporting conditions.
• Provide accurate status information to employers and education providers.
• Do not rely on an old VEVO result after another visa event occurs.

Keep Contact Details Current

• Update Home Affairs where required.
• Update the ART separately.
• Check the email address used for the review.
• Check spam and junk folders.
• Confirm whether correspondence is being sent to an authorised recipient.

Check Before Changing Employment or Study

A change of employer, occupation, course or study arrangements may affect:

• compliance with visa conditions;
• the evidence relevant to the ART review;
• the usefulness of a favourable outcome;
• another visa pathway; and
• the applicant’s long-term strategy.

Check Before Travel

Do not leave Australia until the person’s visa, travel facility, ART position and ability to return have been checked.

Check Whether the Review Still Produces a Useful Result

Circumstances can change while an ART review is pending.

For example:

• a course may finish;
• an employer may withdraw support;
• a relationship may end;
• a skills assessment may expire;
• the applicant may become eligible for another visa;
• health or character circumstances may change; or
• the applicant may no longer wish to remain in Australia.

Those changes do not necessarily mean the ART review should be withdrawn. They mean the visa status, merits case and practical objective should be reassessed together.

Official Bridging Visa and ART Resources

• 
  Home Affairs — Bridging Visa A
  
• 
  Home Affairs — Bridging Visa B
  
• 
  Home Affairs — Travel on a Bridging Visa
  
• 
  Home Affairs — Review of Decisions and VEVO
  
• 
  Administrative Review Tribunal — Possible Outcomes
  

Bridging-Visa Status Checklist After a Refusal

After receiving a refusal or lodging ART review:

1. Save the refusal notification and decision record.
2. Save the ART lodgement confirmation.
3. Locate every substantive and bridging-visa grant notice.
4. Check VEVO for the visa currently in effect.
5. Read the commencement and cessation information in the grant notice.
6. Check every work, study, reporting and conduct condition.
7. Confirm whether a separate bridging-visa application is required.
8. Do not travel until the departure and return position has been checked.
9. Apply for a Bridging Visa B where available and necessary before departure.
10. Recheck VEVO after an ART decision, withdrawal, new visa application or travel event.

The refusal, ART application and bridging-visa position should be recorded as separate events.

Related Visa Refusal and ART Guides

• 
  Visa Refused in Australia: What to Do First
  
  — the First 48 Hours Framework for preserving the decision, protecting review rights and checking current immigration status.
• 
  How Long Do You Have to Apply for ART Review?
  
  — how to identify the correct review deadline rather than relying on a universal 28-day assumption.
• 
  Visa Refusal, Cancellation and ART Review in Australia
  
  — the principal guide to jurisdiction, merits review, evidence, hearings and possible outcomes.
• 
  The Section 48 Bar After a Visa Refusal
  
  — why lawful status and eligibility to lodge another onshore visa application are separate questions.
• 
  Winning ART Review Does Not Always Mean You Can Stay
  
  — why a favourable Tribunal outcome may not immediately produce the expected visa result.

Bridging Visas After a Visa Refusal: Frequently Asked Questions

Will lodging an ART review automatically grant me a Bridging Visa A?

No automatic conclusion should be drawn from the ART receipt alone. Check your visa history, bridging-visa grant notices and current VEVO record to determine whether a BVA has been granted, whether it is in effect and whether another application is required.

How do I know which visa I currently hold?

Check your current VEVO record and compare it with your substantive and bridging-visa grant notices. A bridging visa may have been granted without yet being the visa currently in effect.

Can I work while my ART review is pending?

Work permission depends on the conditions attached to the visa currently in effect. A pending ART review does not itself create unrestricted work rights. Check the grant notice and VEVO before beginning or continuing employment.

Can I travel outside Australia on a Bridging Visa A?

A Bridging Visa A does not provide a travel facility allowing departure and return. A Bridging Visa B may allow travel during a defined period, but it must be applied for and granted before departure.

What happens to my bridging visa when the ART decides my case?

The result depends on the ART outcome, the bridging visa held, its grant and cessation terms, whether Home Affairs must reconsider the application and whether another visa or process follows. Check VEVO and the grant notice after the decision.

What happens if I withdraw my ART review?

Withdrawal can trigger the cessation provisions applying to the bridging visa associated with the review. Before withdrawing, check the current visa, the expected cessation date and whether another lawful basis to remain has already been established.