Bridging Visa D (Subclass 040)

Bridging Visa D Overview

A Bridging Visa D (BVD) lets you stay in Australia for a short time after your main visa runs out. It gives you a chance to apply for a new visa, get ready to leave Australia, or get a Bridging Visa E (BVE). This visa comes in handy if you end up staying in the country without the right papers. It has an influence on your ability to remain in Australia for a brief period. The BVD aims to provide enough time to sort out your visa situation or make plans to depart. It’s helpful if you find yourself in a spot where your stay in Australia is no longer legal.

The BVD acts as a link letting you stay in Australia for a short period. But keep in mind that this visa has major limits. You can’t work while on a BVD, and if you do, your visa might be canceled. Also, the BVD doesn’t give you travel rights, so if you leave Australia, you won’t be able to come back on this visa.

Types of Bridging Visa D

The Bridging Visa D has two subclasses:

1. Bridging (Prospective Applicant) visa (subclass 040): You need this subclass if you plan to apply for a substantive visa in the next five working days.
   
2. Bridging (Non-applicant) visa (subclass 041): You need this subclass if you can’t or don’t want to apply for a substantive visa.

These subclasses have different eligibility rules. For subclass 040, you must be in Australia, not have a visa or have one that ends within three working days of your BVD application, and have tried but failed to apply for a substantive visa (such as paying or filling out the wrong form).

To qualify for subclass 041, you need to be in Australia without a visa, unable or unwilling to apply for a substantive visa, and no authorised officer should be available to interview you.

Purpose of Bridging Visa D

A Bridging Visa D aims to offer a quick fix for foreigners who end up in a tricky visa situation. Here’s what a BVD lets you do:

1. Stay in Australia: A BVD allows you to remain in Australia for a short time if your main visa has run out.
2. Get ready for what’s next: While your BVD is active, you can:
   • Apply for a new main visa
   • Plan your departure from Australia
   • Hold on for a Bridging Visa E

 BVD lasts for five business days. This time starts when you get the visa, not when you ask for it. You need to sort out your status in Australia within these five days.

While the BVD offers a short-term fix, keep in mind its restrictions. This visa doesn’t allow you to work, and you lose the right to come back to Australia if you exit. The BVD aims to help you move to a more secure visa status or get ready to leave Australia.

At its core, a Bridging Visa D acts as a safety net when your visa is about to expire or you’re in Australia . It gives you a short but key period to straighten out your visa situation and make sure you’re following Australian immigration rules.

Eligibility Criteria

To be eligible for a Bridging Visa D (BVD), you must meet certain requirements based on the subclass you want. Let’s go over the eligibility rules for both subclasses and some general requirements.

For Subclass 040

If you’re trying to get a Bridging Visa D (subclass 040), you need to meet all these criteria:

1. You need to be in Australia when you apply.
2. You don’t have a visa, or your current visa will end within three work days from when you submit your BVD application.
3. You tried to apply for a substantive visa but couldn’t because of errors in your application. For example, you might have paid the wrong fee or filled out the incorrect visa application form.
4. You can apply again for a substantive visa within the next five work days.

This subclass aims to give you a brief period to fix any application mistakes and submit a valid substantive visa application.

For Subclass 041

For the Bridging Visa D (subclass 041), you have to meet different requirements. You must fulfill all these conditions:

1. You have to be in Australia when you submit your application.
2. You don’t have a current visa.
3. You can’t apply for a substantive visa or you don’t want to.
4. No authorized officer is available to interview you.

This subclass helps people who can’t or don’t want to apply for a substantive visa but need a quick fix for their visa situation.

General Requirements

No matter which subclass you’re trying to get, you should know about some basic requirements and rules:

Here’s the rewritten text:

1. Duration: BVD subclasses stay valid for five work days from when you get them. This gives you a short time to act.
2. Work limits: You can’t work on a Bridging Visa D. The rule 8101 (no work) is part of this visa.
3. Interview need: You might have to show up for an interview (rule 8401).
4. Main visa request: If you want to, you must ask for a main visa while your BVD is still good.
5. Automatic expiry: For subclass 041, your BVD will expire on its own if you get a Bridging Visa E (subclass 050) within those five working days.
6. Changing circumstances: You need to tell the Department in writing if any of the conditions related to your eligibility change. This could affect their choice or possibly lead them to cancel your visa.

Keep in mind that these eligibility criteria cover the main points, but there’s more to it. The Department of Home Affairs might add other specific visa conditions to your BVD. Because visa applications are complex and the BVD has a short validity period, you should get professional advice. A qualified migration agent can guide you through all the eligibility requirements and make sure your planned activities follow the visa conditions.

Remember, the Bridging Visa D is a short-term fix to help you move to a more stable visa status or get ready to leave Australia. Make sure you understand all the requirements and limits before you apply.

Visa Conditions and Restrictions

When you get a Bridging Visa D (BVD), you need to know its rules and limits. These restrictions help keep the visa temporary and make sure you follow Australian immigration laws.

Work Restrictions

The BVD has a big rule: you can’t work. Both types of BVD (040 and 041) have condition 8101. This means you’re not allowed to do any job in Australia. Here, a job means anything you’d get paid for in Australia.

This work restriction is total. Unlike some other bridging visas where you might be able to apply to get work rights, the BVD doesn’t give you this choice. If you work while holding a BVD, you run the risk of having your visa canceled. This could affect your immigration status and future visa applications.

Travel Restrictions

The BVD has strict limits on travel. To put it , you can’t go outside Australia while you have this visa. If you leave the country, your BVD will end right away, and you won’t be able to come back to Australia using this visa.

This rule exists because the BVD is meant to be a quick fix for people who need to sort out their immigration status in Australia. It’s not for those who want to travel to other countries.

If you’re in a pinch and need to travel while holding a BVD, you’ll have to get in touch with your case officer. Keep in mind that you can’t apply for travel rights (like a Bridging Visa B) when you have a BVD.

Other Conditions

Besides work and travel limits, you should know about other rules:

1. Duration: The BVD stays valid for five working days from when it’s granted. This brief time frame shows it’s a short-term visa and pushes you to quickly sort out your immigration status.
2. Reporting Requirements: For subclass 041, you face an extra rule (8401) that makes you check in at specific times and places as the Minister tells you. This might mean regular visits to immigration offices.
3. Limited Entitlements: A BVD gives you little access to government services and perks. For example, you can’t use Medicare, which is Australia’s public health insurance system.
4. Study Restrictions: Most temporary visas, including bridging visas, limit study rights. This isn’t stated in the provided information. Check your visa conditions before you sign up for any course.
5. Financial Assistance: The Asylum Seeker Assistance Scheme (ASAS) might offer you some financial help if you meet certain requirements. Keep in mind, this isn’t guaranteed and depends on your specific situation.
6. Visa Expiry: Your BVD will stop being valid at the end of the five-day period. It might end sooner if you get a Bridging Visa E (subclass 050) before those five days are up.

The rules of your BVD are binding. Breaking these rules can result in your visa being canceled, which could affect your ability to stay in Australia or apply for future visas. If you’re not sure about any part of your visa rules, it’s always best to get advice from a registered migration agent or immigration lawyer.

Duration and Expiry

Validity Period

When you get a Bridging Visa D (BVD), you need to know it doesn’t last long. The BVD stays valid for five working days. This short time starts the day you receive the visa, not the day you asked for it. Keep this in mind as you think about what to do next.

The BVD’s five-day limit has a reason. It gives you just enough time to do one of three things:

1. Hand in a valid application for a main visa.
2. Get ready to leave Australia.
3. Wait to get a Bridging Visa E (BVE).

Since you don’t have much time, you need to move fast and make strong choices. It’s a good idea to have a solid plan ready before you ask for a BVD. This way, you can get the most out of your short legal stay.

When Does It End?

Your Bridging Visa D can stop being valid in several ways:

Do note that BVD isn’t meant for travel. Should you need to leave Australia while holding a BVD, you should get in touch with your case officer right away. Remember, there’s no way to ask for travel rights (like a Bridging Visa B) when you’re on a BVD.

Extensions

Because the Bridging Visa D has a specific purpose and lasts for a short time, you can’t extend it. This visa aims to give you a brief legal stay while you take quick action about your immigration status.

If you find you need more than the five days your BVD gives you, you have a few choices:

1. Apply for a Substantive Visa: You can apply for a substantive visa before your BVD expires, if you meet the requirements. This could lead to getting a Bridging Visa A, which would let you stay in Australia while officials process your substantive visa application.
2. Apply for a Bridging Visa E: If you can’t apply for a substantive visa, you might qualify for a Bridging Visa E. This visa allows you to remain in Australia while you plan to leave or finish other immigration matters.
3. Leave Australia: If you can’t get another visa, you’ll need to plan to exit Australia before your BVD expires.

If you plan to stay in Australia past your visa’s end date, you need to apply for another visa. If you overstay your visa, it can affect your chances to enter or remain in Australia in the future.

Sometimes, you might be able to extend other bridging visas like the Bridging Visa B (BVB). For example, if a BVB runs out before the holder can come back to Australia because of travel limits, they might need to apply for a different visa (such as a short-stay Visitor visa) once these limits are gone. But this doesn’t work for the BVD because of its special purpose and rules.

Due to the complex nature of visa rules and the short time you have with a BVD, it’s best to get advice from a registered migration agent or immigration lawyer. They can help you understand your choices and take the right steps during the short time your Bridging Visa D is valid.

Application Process

How to Apply

Getting a Bridging Visa D (BVD) involves taking certain steps that depend on your circumstances. If you’ve put in an application for a Bridging Visa A, B, or C and sent your main visa request online through ImmiAccount, you have to apply for your bridging visa using ImmiAccount too. But if you used a paper form to apply for your main visa, you’ll need to use the right form to apply for your bridging visa.

If you can’t apply through ImmiAccount, you must upload the filled-out form to the Department’s website. When applying for a Bridging Visa E, you’ll need to send the completed form back to the processing center or office that’s handling your case.

You can’t save info on the webform and finish it later. So, make sure to save all needed forms and supporting documents to your device before you start to apply.

Required Documents

When you apply for a Bridging Visa D, you’ll need to provide several documents:

1. Filled-out application form: Use Form 1005 to apply for a BVA or BVC. Use Form 1006 to apply for a BVB.
2. Supporting documents: These might change based on your situation.
3. Proof of identity: Make sure you have valid ID documents.
4. Evidence of your current visa status: If this applies to you.

Answer all questions in English. If you need more room, write details on a separate sheet. Show which question number it’s about, sign it, and attach it to your application.

Processing Time

The Department of Home Affairs doesn’t give a set timeline for processing Bridging Visa D applications. They look at each case , and how long it takes can change based on things like:

1. Applications that aren’t complete
2. When they need more details
3. Checking and double-checking information

Keep in mind that the BVD lasts for five working days from when it’s given. This short time means you need to act fast about your immigration status.

Fees and Charges

When you apply for a Bridging Visa D, you might need to pay some fees:

1. Base Application Charge: This applies to the main applicant.
2. Additional Applicant Charge: This applies to dependents (18 and older, or younger than 18).
3. Subsequent Temporary Application Charge: This might apply based on your visa history.

But you don’t have to pay the subsequent temporary application charge in some cases, like:

• If your application’s base charge is zero
• If you’re not in Australia when you apply for your substantive temporary visa
• If it’s the first time you’re applying for a substantive temporary visa in Australia

Before you submit a BVB application, you need to pay for it in ImmiAccount. It’s a good idea to check the Visa Pricing Table to see which fees apply to your case.

Giving true and correct information in your application is essential. The department will make their decision based on the details in your application form and supporting documents. If your situation changes after you submit your application, you must tell the Department about the new circumstances in writing.

Getting your Bridging Visa D settled

Grasping the ins and outs of Bridging Visa D has a big influence on how you handle Australia’s tricky immigration rules. This short-term visa gives you a small chance to sort out pressing visa issues throwing a lifeline to those who might end up staying. But because it doesn’t last long and has tight rules, you need to act fast and plan to get your immigration status back on track.

For people dealing with visa problems in Australia, the BVD is a key tool to give them time to make smart choices. It helps them to apply for a real visa get ready to leave the country, or switch to a Bridging Visa E. The BVD has an impact on keeping people’s status legal. As we’ve seen, it has limits, but knowing how to use this visa can change everything in someone’s path through immigration. If still confused, speak to registered migration agent like KBA Global to avoid any issue on the process. You can either book a call in any of our locations near you.