One of the biggest questions around lodging an onshore Partner Visa is the rights that an applicant has afterwards. In this blog, I’ll be talking about the requirements of being inside Australia while the application is processing, whether or not you can travel, and how to go from a Bridging Visa A to B.
What happens after your subclass 820/801 is lodged?
After your subclass 820/801 application is lodged, you will be issued with an acknowledgement letter, a visa application receipt, and in circumstances where you have applied before the expiry of your substantive visa, you will also be granted a Bridging Visa A.
An important note here, if you have applied for an onshore Partner Visa and you were not the holder of a substantive visa at time of application (for example, you were unlawful at time of application or you were holding a bridging visa, then you will need advice around travelling and I recommend you contact our sister company Freedom Migration for more information).
You’ve hopefully already submitted a decision ready application including providing all evidence of your relationship (check out our document checklist if you’re just getting started) and provided your police checks. Now is also a good time to complete your medical examinations.
But you also have a holiday coming up, or you need to urgently travel overseas. What happens next?
Can you travel overseas while waiting for your 820/801 Partner Visa?
If you plan to travel overseas during the processing of your Partner Visa application, it’s important to ensure you hold an appropriate visa to return to Australia in line with your planned travel dates.
The purpose of a Bridging Visa A is to bridge the gap between the expiry of the substantive visa you held at the time of lodging your subclass 820/801 application and the decision on your application. The Bridging Visa A does not include travel facility rights.
If your substantive visa has expired and your Bridging Visa A is now activated, you need to apply for a different type of bridging visa which enables travel. Although you can technically travel overseas, you need to make sure you hold the correct visa before leaving if you want to re-enter Australia.
What visa do you need?
A Bridging Visa A will let you leave the country, but it won’t let you re-enter. A Bridging Visa B, however, does facilitate travel to and from Australia while your Partner Visa is processing. To travel overseas, you’ll need to go from a Bridging Visa A to B.
How do you go from a Bridging Visa A to B?
An application for a Bridging Visa B is made through your ImmiAccount. Once you’ve lodged your Partner Visa, you’ll see a tab on the left hand side called ‘Bridging Visa’.
Inside the Academy, we show you all about Bridging Visa Bs including what they are and how to apply for one.
How long does a Bridging Visa B take?
Processing times for Bridging Visa Bs can vary. In practice I’m seeing them finalised within a 2-4 week period, but it’s best practice to lodge your application for a Bridging Visa B 2-3 months before your intended travel date.
How long is a Bridging Visa B valid for?
Bridging Visa Bs are granted at the discretion of the case officers. When completing the application for a Bridging Visa B, you will be prompted to answer when you intend to leave and re-enter the country.
I have seen Bridging Visa Bs granted anywhere from 3-12 months. The more recent trend I’ve been seeing is the grant of a Bridging Visa B for 12 months which means you can enter and depart Australia as many times as you want during that 12 month period.
Your Bridging Visa A will become active again after your Bridging Visa B expires. You’ll need to apply for another Bridging Visa B if you plan to travel again. We always recommend doing a VEVO check to confirm/check expiry dates on the visa you hold.
I forgot to apply for a Bridging Visa B and I’ve already left the country
A Bridging Visa B can’t be granted while you’re outside the country. If you are stuck outside Australia and you don’t have a Bridging Visa B, then I would recommend booking in a consultation with our sister company Freedom Migration who may be able to assist you.
IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.
