After applying for an Australian partner visa, what type of bridging visa will you actually receive? Most importantly, does it allow you to work freely and travel in and out of the country? This article uses plain language to help you thoroughly understand the ins and outs of bridging visas and avoid potential pitfalls.

1. Lodging an Onshore Partner Visa (Subclass 820) While Holding a Substantive Visa

If you are in Australia holding a valid substantive visa (e.g., a student visa) and lodge an onshore Subclass 820 partner visa, the Department of Home Affairs will automatically grant you a Bridging Visa A (BVA). However, important points to note include that the BVA does not become active immediately. It remains in a 'non-active' state as long as your original substantive visa (like the student visa) is still valid. It only officially activates and allows you to stay lawfully in Australia awaiting the 820 outcome after your original visa expires. The automatically granted BVA typically does not have travel facilities. If you need to leave and re-enter Australia, you must apply separately for a Bridging Visa B (BVB). Partner visa applicants can generally obtain a BVB valid for one year, and it is recommended to apply for the BVB at least one month before your planned departure. Regarding work rights, a standard BVA allows you to work. However, if you are transitioning from a dependent visa (e.g., a student dependent visa) to a partner visa, your BVA may not include work rights.

2. Entering Australia After Lodging an Offshore Partner Visa (Subclass 309)

If you lodge a Subclass 309 visa offshore and later enter Australia on another valid visa, you can activate a BVA once in Australia if you still hold a valid Australian visa (including a bridging visa) at the time of the 309 application. This allows you to wait for the partner visa grant while onshore. Similarly, if you need to travel outside Australia, you must apply for a BVB in advance to ensure you can return lawfully.

3. Situations with No Valid Visa or Previous Refusal History

If you are in Australia without a substantive visa or are in an unlawful status (sometimes colloquially referred to as 'being illegal'), lodging a partner visa typically does not result in a BVA. Instead, you may be granted a Bridging Visa C (BVC) or a Bridging Visa E (BVE). These visas usually do not include work permissions and do not allow you to apply for a BVB to travel. Applicants must wait for the visa outcome within Australia and cannot freely travel in and out. In special circumstances, if you applied for a BVE first during an unlawful period and then lodged the partner visa, you might continue holding that BVE as an interim visa. If you held a BVA from a previous visa application before lodging the partner visa, it might convert to a BVC. If you lodge a partner visa during a BVA appeal period, it might convert to a BVB. Generally, a partner-related BVC does not auto-activate, but if a student visa is granted subsequently, the BVC may activate after that student visa expires.

4. Work Right Restrictions and Applying for Exemption

If your bridging visa has a 'No Work' condition, you cannot work legally. In this case, you can apply to the Department of Home Affairs for permission to work, commonly on the grounds of 'financial hardship'. You need to provide supporting evidence, and if approved by the Department, the work restriction can be lifted.