Bridging visa creep: 49 per cent increase in bridging visa holders in 2 years to over 205,000

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A Freedom of Information (FOI) request on the number of bridging visa holders at the end of the 2017, 2018 and 2019 program years reveals a 49 per cent increase in two years: from 137,419 bridging visa holders as of 30 June 2017 to 205,616 bridging visa holders as of 30 June 2019. This may have significant implications on the government’s claim of restricting permanent visa numbers.

Bridging visas are a complex part of Australia’s visa system and is perhaps the most misunderstood class of visa in Australia’s immigration landscape. The FAQ at the end of this article may assist in explaining some of their intricacies.

Of the nine subclasses of bridging visas, there are only four subclasses that make up almost all the visa holder numbers: 99.98 per cent of them, in fact. These are:

  • Subclass 010 – Bridging visa A

  • Subclass 020 – Bridging visa B

  • Subclass 030 – Bridging visa C

  • Subclass 050 – Bridging visa E

While there are many uses for bridging visas, especially the Subclass 050 – Bridging visa E, as there is no information on the reason for these bridging visa grants, it is quite possible that a large number of these are associated bridging visas, which are bridging visas automatically granted when a non-citizen validly makes an application for a substantive visa that can be granted in Australia and while they are in Australia. These bridging visas are event-driven in that they are granted for an indefinite period until an event happens, which is most likely a decision to either grant or refuse their substantive visa application, or the application is withdrawn. Associated bridging visas can be granted to Subclass 600 – Visitor visas under the Tourist stream and a number of other visas listed in the legislative instrument.

What many visa applicants do not realise is that the application form for their substantive visa is also the application form for a bridging visa.

The other probable portion of these bridging visa holders will be those awaiting review by the Administrative Appeals Tribunal (merits review) or a federal court (judicial review) for a refused visa application.

If these assertions are correct, what this substantial increase implies is that processing times for visas and reviews of visas are increasing considerably. This has been flagged a couple of times: notably in relation to merit review applications, and most recently for partner visa applications.

There is, however, a couple of strong counterarguments. One is that it is expected bridging visa holder numbers would continue to increase. This is because processing for some visas are purposefully delayed, most notably for parent, and other family visas, otherwise known as cap and queuing. Cap and queuing is where the Minister sets a maximum number of visas that can be granted in a particular class in any specified program year with any outstanding applications queued for assessment and processing in the next program year.

Processing times for cap and queued visas are stated to be 30 years for non-contributory parent visas, and 50 years for remaining relative and aged dependent relative visas. More onshore applications for these visas means more associated bridging visa grants and therefore more long-term bridging visa holders.

Another reasonable explanation is that a small delay in processing large visa subclasses can greatly skew the statistics. For instance, consider student visas where the peak period for lodgements is January to March, with over 135,000 of the 473,415 student visas lodged in these three months alone for the 2019 program year. While there will be many who are not granted associated bridging visas because they were not in Australia at the time of application, should there be a delay compared to previous years, such as not having the resources to process the 15 per cent increase in student visas lodged, this delay can greatly increase the number bridging visa holders as of 30 June. This situation could apply to many different visa subclasses and their relevant processing centre.

The bottom line is that without the specific circumstances for holding a bridging visa, there cannot be much that can be concluded from these numbers other than that they have grown.

The worst-case scenario, though, is that if there is a substantial number of associated bridging visas granted based on applying for a permanent visa, processing delays mean these applications still must be assessed and, provided they meet the regulations, be granted. This simply kicks the processing can down the road unlike cap and queuing as it is not regulated. Setting permanent visa planning levels is one thing, but outside of the Expression of Interest model for General Skilled Migration visas, valid visa applications must still be considered. Pursuant to section 47 of the Act, an application must be considered until it is withdrawn, granted or refused, the cap for that visa class has been reached (this is different to cap and queuing and rarely used), or the Minister has suspended the consideration of those visa classes, which is also extremely rare.

On permanent visas, a separate FOI application revealed the number of permanent visas granted in the 2018-19 program year. A total of 227,420 non-humanitarian visas were granted and 18,762 humanitarian visas were granted. A rough calculation is that 9 per cent of non-humanitarian visa applications are refused, and a substantial 75 per cent of humanitarian visa applications are refused. These are “rough” calculations as while a visa can be lodged in one program year it does not mean they are assessed in the same program year. The above explanation of cap and queuing is the simplest example of this.

What is a bridging visa?

Essentially, bridging visas are temporary, non-substantive visas that provide non-citizens lawful status in Australia. Non-citizens that do not hold an Australian visa are defined as unlawful non-citizens and may be subject to detention according to section 189 of the Migration Act 1958 (Cth).

What is a substantive visa?

A substantive visa is defined in the Migration Act 1958 (Cth) as any visa other than either: a bridging visa, a criminal justice visa, or an enforcement visa.

How many types of bridging visas are there?

There are nine different bridging visa subclasses:

  • Subclass 010 – Bridging visa A

  • Subclass 020 – Bridging visa B

  • Subclass 030 – Bridging visa C

  • Subclass 040 – Bridging visa D

  • Subclass 041 – Bridging visa D

  • Subclass 050 – Bridging visa E

  • Subclass 051 – Bridging visa E

  • Subclass 060 – Bridging visa F

  • Subclass 070 – Bridging visa R

What are the purposes of bridging visas?

Bridging visas have many uses, most of which is for the applicant and holder to remain in Australia. What bridging visa is granted depends on the situation and the visa (if any) the applicant holds at the time of applying. Situations include:

  • Applying for a substantive visa application in Australia, which has not been finally determined;

  • Intending to make an application for a substantive visa in Australia;

  • Applying for judicial review for a refused substantive visa application;

  • Being in Australia without holding a visa and is unable or unwilling to apply for a substantive visa;

  • Requiring to leave and re-enter Australia for substantial reasons while their substantive visa is processing or awaiting merits or judicial review;

  • Being a suspected victim of human trafficking;

  • Awaiting removal from Australia and in immigration detention;

  • Making arrangements to leave Australia;

  • Applying for revocation or review of a cancellation of a visa or a decision affecting Australian citizenship;

  • Applying for ministerial intervention; and

  • Being in criminal detention and unlawful.

Can I hold more than one bridging visa at any one time?

Yes. Unlike substantive visas, which cease to be in effect if another substantive visa is granted (section 82 of the Act), a person can hold multiple bridging visas.

What happens if I hold more than one bridging visa?

There are regulations that determines which bridging visa is in effect based on how beneficial the bridging visa is. The order is:

  • Bridging visa B

  • Bridging visa A

  • Bridging visa C

  • Bridging visa D

  • Bridging visa R

  • Bridging visa E

  • Bridging visa F

If you hold multiple bridging visa of the same subclass, the one that will be in effect will be the one with unlimited work rights, followed by the bridging visa with limited work rights, then the bridging visa with no work rights.

When does a bridging visa come into effect?

As non-citizens can hold bridging visas at the same time they hold substantive visas, when they come into effect becomes a complicated issue. Holding a bridging visa is different than when a bridging visa comes into effect. To make things more complicated, bridging visas can come into and out of effect in certain situations, however, this is generally rare.

In most cases, a bridging visa usually only comes into effect once any substantive visa (if any) held by the visa holder has ceased.

When does a bridging visa cease?

Bridging visas cease depending on the circumstances of why it was granted. This can be either “event-driven” or “date-driven”.

An example of an event-driven bridging visa ceasing is the grant of the associated substantive visa application. A “date-driven” bridging visa means it will cease on a certain date. An instance of this is when a visa application is refused, the associated bridging visa will be valid for 35 days from the date of decision.

The regulations for the particular visa grant will also dictate when a bridging visa can be in effect or cease. For instance, many bridging visas allow the visa holder to remain in Australia. If that visa holder departs Australia, that will cause the bridging visa to cease.

You will want to read the bridging visa grant notice very carefully to understand when your bridging visa will end as there has no doubt been people who have left Australia as bridging visa holders and without the right to return to Australia.

What Bridging visa allows me to travel?

Only a Bridging visa B allows visa holders to leave and return to Australia until a certain date. A few important things to note about Bridging visa B applications:

  • The visa applicant must be in Australia (and not in immigration clearance) at the time of application and time of grant;

  • The visa applicant must hold either a Bridging visa A or Bridging visa B;

  • The visa applicant must have substantial reasons for leaving Australia.

Therefore, any person needing to leave and return to Australia will want to have their Bridging visa B granted before they leave.