Subclass 040 — Bridging (Prospective Applicant)

040.1—Interpretation

Note: Criminal detention is defined in regulation 1.03. For eligible non-citizen see regulation 2.20. No interpretation provisions specific to this Part.

040.2—Primary criteria

Note: All applicants must satisfy the primary criteria.

040.21—Criteria to be satisfied at time of application

Note: In circumstances set out in regulation 2.22, a non-citizen is taken under that regulation to have applied for a Bridging D (Class WD) visa.

040.211

The applicant is:

(a) an unlawful non-citizen; or

(b) the holder of a visa that will cease within the next 3 working days after the day of application.

040.213

The Minister is satisfied that the applicant:

(a) has attempted to make, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia and is unable to do so; and

(b) will, within 5 working days, be able to make, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia.

040.214

The applicant has not previously been granted 2 bridging visas of Subclass 040 since he or she last held a substantive visa.

040.22—Criteria to be satisfied at time of decision

040.221

The applicant continues to satisfy the criteria set out in subdivision 040.21.

040.3—Secondary criteria: Nil.

Note: All applicants must satisfy the primary criteria.

040.4—Circumstances applicable to grant

040.411

The applicant must be in Australia but not in immigration clearance. Note: The applicant must be an eligible non-citizen at the time of grant: see the Act, s 73.

040.5—When visa is in effect

040.511

Bridging visa coming into effect:

(a) on grant; or

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

and remaining in effect for 5 working days after date of grant.

040.6—Conditions

040.611

Condition 8101.