Subclass 010 — Bridging A

010.1—Interpretation

Note: ART is defined in subsection 5(1) of the Act. Compelling need to work and criminal detention are defined in regulation 1.03. For eligible non-citizen, see regulation 2.20. There are no interpretation provisions specific to this Part.

010.2—Primary criteria

Note: All applicants must satisfy the primary criteria.

010.21—Criteria to be satisfied at the time of application

010.211

(1) The applicant meets the requirements of subclause (2), (3), (4), (5) or (6).

(2) An applicant meets the requirements of this subclause if:

(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and

(b) that application has not been finally determined; and

(c) he or she held a substantive visa at the time that application was made; and

(d) either:

(i) he or she has applied for a bridging visa in respect of that application; or

(ii) a bridging visa can be granted in respect of that application under regulation 2.21B.

(3) An applicant meets the requirements of this subclause if:

(a) the applicant:

(i) has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and

(ii) held a substantive visa when he or she made the application; and

(aa) that application was refused; and

(b) either:

(i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application; or

(ii) the applicant:

(A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and

(B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i); and

(c) at the time of that application, he or she held a Bridging A (Class WA) or Bridging B (Class WB) visa; and

(d) the judicial review proceedings (including proceedings on appeal, if any) are not completed.

(4) An applicant meets the requirements of this subclause if:

(a) the applicant:

(i) holds a Bridging A (Class WA) or Bridging B (Class WB) visa that:

(A) was granted as a result of a valid application, made in Australia, for a substantive visa of a kind that could be granted if the applicant was in Australia; and

(B) is subject to conditions 8101, 8102, 8103, 8104, 8105, 8107, 8108, 8111, 8112, 8115, 8547, 8607 or 8608; and

(ii) held a substantive visa when he or she made the substantive visa application; and

(b) he or she has not applied for a protection visa; and

(c) the Minister is satisfied that the applicant has a compelling need to work.

(5) An applicant meets the requirements of this subclause if:

(a) the applicant has made a valid application for:

(iii) a Partner (Migrant) (Class BC) visa; or

(iv) an Aged Parent (Residence) (Class BP) visa; or

(v) a Contributory Aged Parent (Residence) (Class DG) visa; or

(vi) a Contributory Aged Parent (Temporary) (Class UU) visa; and

(b) the application has not been finally determined; and

(c) the applicant has applied for a bridging visa in respect of that application; and

(d) the applicant holds, or has previously held, a Bridging A (Class WA) visa granted under regulation 2.21A in respect of the visa referred to in paragraph (a).

(6) An applicant meets the requirements of this subclause if:

(a) the applicant has made a valid application for:

(iii) a Partner (Migrant) (Class BC) visa; or

(iv) an Aged Parent (Residence) (Class BP) visa; or

(v) a Contributory Aged Parent (Residence) (Class DG) visa; or

(vi) a Contributory Aged Parent (Temporary) (Class UU) visa; and

(b) that application was refused; and

(c) either:

(i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application as the holder of a Bridging A (Class WA) or Bridging B (Class WB) visa; or

(ii) the applicant:

(A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and

(B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i); and

(d) the judicial review proceedings (including proceedings on appeal, if any) are not completed; and

(e) the applicant holds, or has previously held, a Bridging A (Class WA) visa granted under regulation 2.21A in respect of the visa referred to in paragraph (a).

010.22—Criteria to be satisfied at the time of decision

010.221

The applicant continues to satisfy the criterion set out in clause 010.211.

010.3—Secondary criteria: Nil.

Note: All applicants must satisfy the primary criteria.

010.4—Circumstances applicable to grant

010.411

The applicant must be in Australia, but not in immigration clearance. Note 1: The applicant must be an eligible non-citizen at the time of grant: see Act, s 73. Note 2: The Minister must grant a Bridging A (Class WA) visa in the circumstances set out in regulation 2.21A.

010.5—When visa is in effect

010.511

(1) In the case of a visa granted to a non-citizen who has applied for a substantive visa—bridging visa:

(a) coming into effect:

(i) on grant; or

(ii) when the substantive visa (if any) held by the holder ceases; and

(b) permitting the holder to remain in Australia until:

(i) if the Minister’s decision in respect of the substantive visa application is to grant a visa—the grant of the visa; or

(ii) if the Minister’s decision in respect of that application is to refuse to grant a visa and subclause (1A) does not apply in relation to the decision—35 days after the Minister makes the decision; or

(iiaa) if the Minister’s decision in respect of that application is to refuse to grant a visa and subclause (1A) applies in relation to the decision— the time the Minister makes the decision; or

(iia) if the substantive visa application is refused and the ART decides that the holder’s application for merits review of that refusal was not made in accordance with the law governing the making of applications to the ART—35 days after the ART makes the decision; or

(iii) if the substantive visa application is refused and the ART makes a decision on the holder’s application for merits review of that refusal (other than a decision to remit the application to the Minister for reconsideration)—35 days after the ART makes the decision; or

(iv) the grant of another bridging visa to the holder in respect of the same substantive visa application; or

(v) if the holder withdraws his or her application for a substantive visa or an application to the ART—35 days after that withdrawal; or

(vi) if the substantive visa (if any) held by the holder is cancelled—that cancellation; or

(vii) if the Minister decides that the substantive visa application is invalid—35 days after the Minister makes the decision; or

(viii) if the ART remits the substantive visa application to the Minister for reconsideration—the day worked out in accordance with whichever subparagraph of this paragraph applies in relation to the reconsideration.

(1A) This subclause applies in relation to a decision to refuse to grant the non-citizen a substantive visa if:

(a) both of the following apply:

(i) a criterion for the grant of the substantive visa is that the non-citizen satisfies public interest criterion 4003;

(ii) the non-citizen did not satisfy paragraph (b) of that criterion; or

(b) both of the following apply:

(i) a criterion for the grant of the substantive visa is that the non-citizen satisfies public interest criterion 4003A;

(ii) the non-citizen did not satisfy that criterion.

(2) For the purposes of subparagraphs (1)(b)(ii), (iia), (iii) and (vii), the 35 day period begins to run:

(a) despite any failure to comply with the requirements of the Act or these Regulations in relation to the decision mentioned in the subparagraph; and

(b) irrespective of the validity of the decision.

010.513

In the case of a visa granted to a non-citizen on the basis of judicial review of a decision—bridging visa:

(a) coming into effect:

(i) on grant; or

(ii) when the substantive visa (if any) held by the holder ceases; and

(b) permitting the holder to remain in Australia until:

(i) subject to paragraph (c), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or

(ii) the grant of another bridging visa to the holder in respect of the same application for judicial review; or

(iii) if the holder withdraws his or her application for judicial review—28 days after that withdrawal; or

(iv) if the substantive visa (if any) held by the holder is cancelled—that cancellation; and

(c) if a court remits a matter to which the judicial review proceedings relate to the ART, or to the Minister, for reconsideration—permitting the holder to remain in Australia in accordance with the relevant provision of paragraph 010.511(1)(b).

010.514

In the case of a visa granted to a non-citizen on the basis that the non-citizen is a member of the family unit of a party to judicial review proceedings—bridging visa:

(a) coming into effect:

(i) on grant; or

(ii) when the substantive visa (if any) held by the holder ceases; and

(b) permitting the holder to remain in Australia until the expiry of the bridging visa held by the party to the judicial review proceedings.

010.6—Conditions

010.611

(1) In the case of a visa granted to a non-citizen who:

(a) satisfies the criterion in subclause 010.211(4); or

(b) is an applicant for a protection visa who:

(i) is not a person described in subclause (2); or

(ii) satisfies the criterion in subclause 010.211(2); or

(c) is a person in a class of persons specified by the Minister by an instrument in writing for this paragraph;

Nil.

(2) In the case of a visa granted to a non-citizen who:

(a) applies for a protection visa; and

(b) satisfies the criterion in subclause 010.211(3);

condition 8101, if that condition applied to the last visa held by the holder.

(3) In the case of a visa granted under regulation 2.21A to a person mentioned in subregulation 2.21A(1): Nil.

(3A) In the case of a visa granted to a non-citizen who meets the requirements of subclause 010.211(2) or (3) on the basis of a valid application for a Skilled (Provisional) (Class VC) visa in relation to which the applicant met the requirements for subitem 1229(4) of Schedule 1: condition 8501.

(3B) In the case of a visa granted to a person who meets the requirements of subclause 010.211(2) or (3) on the basis of a valid application for:

(a) a Business Skills—Business Talent (Permanent) (Class EA) visa; or

(b) a Business Skills (Provisional) (Class EB) visa; or

(c) a Business Skills (Permanent) (Class EC) visa; or

(d) an Employer Nomination (Permanent) (Class EN) visa; or

(da) a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa; or

(db) a Skilled Work Regional (Provisional) (Class PS) visa; or

(e) a Regional Employer Nomination (Permanent) (Class RN) visa; or

(f) a Skilled—Independent (Permanent) (Class SI) visa; or

(g) a Skilled—Nominated (Permanent) (Class SN) visa; or

(h) a Skilled—Regional Sponsored (Provisional) (Class SP) visa; or

(i) a Skilled (Residence) (Class VB) visa;

nil.

(3C) In the case of a visa granted to a person who meets the requirements of subclause 010.211(2) or (3) on the basis of:

(a) making a valid application for a Subclass 457 (Temporary Work (Skilled)) visa; and

(b) holding a Subclass 457 visa (the first visa) at the time of making the application mentioned in paragraph (a);

8107 (if the first visa is subject to that condition) and 8501 (if the first visa is subject to that condition).

(3D) In the case of a visa granted to a person who meets the requirements of subclause 010.211(2) or (3) on the basis of:

(a) making a valid application for a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 482 (Skills in Demand) visa; and

(b) holding a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa or a Subclass 482 (Temporary Skill Shortage) visa (the first visa) at the time of making the application mentioned in paragraph (a);

the following conditions:

(c) if the first visa was subject to condition 8107—condition 8107;

(d) if the first visa was subject to condition 8501—condition 8501;

(e) if the first visa was subject to condition 8607—condition 8607.

(3E) In the case of a visa granted to a person:

(a) who meets the requirements of subclause 010.211(2) or (3) on the basis of making a valid application for a Subclass 103 (Parent) visa or a Subclass 143 (Contributory Parent) visa; and

(b) who is seeking to meet the requirements of subclause 103.214(2), 103.313(2), 143.214(2) or 143.313(2);

the following conditions:

(c) condition 8104—but only if the condition applied to the most recent substantive visa held by the person;

(d) condition 8303—but only if the condition applied to the most recent substantive visa held by the person;

(e) condition 8501.

(4) In any other case: whichever of conditions 8101, 8102, 8103, 8104, 8105, 8107, 8108, 8111, 8112, 8114, 8115, 8539, 8547, 8549, 8607 and 8608 applies to:

(a) the visa held by the holder:

(i) at the time of application; or

(ii) if the bridging visa is granted under regulation 2.21A to a person mentioned in subregulation 2.21A(2) or (3), or under regulation 2.21B—at the time of grant; or

(b) if the visa mentioned in subparagraph (a)(i) has ceased, or no visa is held by the holder at the time of grant—the last Bridging A (Class WA) or Bridging B (Class WB) visa held by the holder.