Can I Apply for Another Visa While on Bridging Visa E?
If you are currently on a Bridging Visa E (BVE), you might be asking yourself: “Can I apply for another visa while on Bridging Visa E?” The short answer is that it may be possible, but your options are limited and depend on your circumstances.
The Bridging Visa E is generally granted to people who have overstayed their visa, are unlawful, or are waiting for a visa decision or departure arrangements. Because of this, strict conditions apply to applying for another visa while holding a BVE. Understanding these conditions can help you avoid further complications.
What Is a Bridging Visa E?
A Bridging Visa E is a temporary visa that allows you to remain lawfully in Australia if your previous visa has expired, or if you are making arrangements to depart. It is often granted in situations where:
- You have become unlawful and need time to sort out your next steps.
- You have applied for a new visa after your previous visa expired.
- You are waiting for a decision on a judicial review or ministerial intervention.
- You are arranging a voluntary departure from Australia.
The BVE does not provide the same rights as other bridging visas, and in most cases, it restricts what visas you can apply for while you remain in Australia.
Key takeaway: A Bridging Visa E is a temporary visa for people who are unlawful or awaiting a decision, and it often comes with limited options for applying for new visas.
Can You Apply for Another Visa While on a Bridging Visa E?
Yes, in some cases, you may apply for another visa while on a Bridging Visa E. However, your options are highly restricted. The law generally prevents people who are unlawful or on a BVE from applying for most other visas in Australia.
Typically, you may only be eligible to apply for:
- A protection visa if you fear persecution in your home country.
- Certain partner visas are available if you are in a genuine relationship with an Australian citizen or permanent resident and meet the schedule 3 requirements.
- In rare cases, other visas may be available if you have compelling reasons and can satisfy additional requirements.
For most people, being on a BVE means you are not eligible to apply for standard temporary visas, student visas, or skilled visas while inside Australia.
Key takeaway: While it may be possible to apply for another visa on a BVE, the options are limited mainly to protection or partner visas, with strict conditions.
Schedule 3 Requirements and Their Impact
If you apply for another visa while on a BVE, you may need to meet the Schedule 3 requirements. These are extra rules that apply to applicants who have become unlawful before lodging a new visa application.
Schedule 3 requires you to demonstrate compelling reasons why the rules should be waived. For example, in a partner visa application, you might need to show evidence of strong compassionate circumstances, such as long-term relationships, children, or significant hardship if separated.
Failure to meet schedule 3 can result in your application being refused, even if you meet all other eligibility requirements.
Key takeaway: If you apply for another visa on a BVE, you may need to meet strict Schedule 3 requirements, which require compelling evidence of your situation.
Protection Visa as an Option
One of the main visa types available while on a BVE is a protection visa. This is intended for people who cannot return to their home country because they fear persecution, harm, or other serious threats.
To qualify, you must meet Australia’s refugee or complementary protection criteria. Applying for a protection visa is a complex process and often requires substantial evidence of your claims.
Key takeaway: A protection visa is one of the main options available to BVE holders, but it requires strong evidence of risk if you return to your country.
Partner Visa on a Bridging Visa E
Another option may be applying for a partner visa if you are in a genuine relationship with an Australian citizen or permanent resident. However, applying from a BVE makes the process more difficult because of the Schedule 3 requirements.
You would need to show why your application should be considered despite your visa status, which may involve proving compassionate and compelling circumstances. Having a child with your partner or demonstrating long-term cohabitation may strengthen your case.
Key takeaway: A partner visa may be an option while on a BVE, but only if you can satisfy Schedule 3 requirements or obtain a waiver due to compassionate circumstances.
Restrictions on Work and Travel
If you are holding a BVE, your work and travel rights may be restricted. Many BVE holders are not automatically given permission to work. You can request work rights, but you may need to show financial hardship.
In terms of travel, most BVE visas do not allow you to leave Australia and re-enter. If you depart while holding a BVE, the visa will usually cease, and you may not be able to return. This restriction also impacts your ability to apply for another visa inside Australia, as leaving often means you must apply from offshore.
Key takeaway: Work rights are not guaranteed on a BVE, and travel is usually not permitted, which limits your flexibility in applying for other visas.
Risks of Applying for Another Visa on BVE
Applying for another visa while on a BVE comes with challenges:
- High risk of refusal due to Schedule 3 requirements.
- Limited visa options available.
- Potential long processing times while you remain in an uncertain status.
- Risk of becoming unlawful again if your application is refused and you do not act quickly.
Key takeaway: While it is sometimes possible, applying for another visa on a BVE carries risks and requires careful preparation.
What Happens if Your Application Is Refused?
If you apply for another visa while on a BVE and it is refused, your BVE may also cease. In this case, you could become unlawful again. Depending on your circumstances, you may be able to appeal the decision through the Administrative Appeals Tribunal (AAT) or seek ministerial intervention.
However, both options are complex and may require legal advice. Remaining unlawful for extended periods can also affect your future ability to apply for visas or re-enter Australia.
Key takeaway: A refused application can leave you unlawful, so consider your options carefully before applying for a BVE.
Alternatives to Applying for Another Visa
If you find yourself on a BVE, applying for another visa is not always the best or most realistic option. Other possible pathways include:
- Preparing to depart Australia lawfully to avoid further issues.
- Applying for a new visa from outside Australia, if eligible.
- Seeking legal advice to explore ministerial intervention requests.
Key takeaway: Sometimes, departing Australia or applying offshore may be a more practical option than applying for another visa while on a BVE.
How to Strengthen Your Application if You Do Apply
If you decide to apply for another visa while on a BVE, you can strengthen your case by:
- Gathering strong evidence of your circumstances.
- Demonstrating genuine ties to Australia, such as family or community connections.
- Showing compassionate or compelling reasons for your application.
- Ensuring all documents are complete and accurate.
Key takeaway: Strong evidence and clear compassionate circumstances can improve your chances of applying for another visa while on a BVE.
So, can you apply for another visa while on a Bridging Visa E? The answer is yes, but with significant limitations. The main options are protection visas or partner visas, and both come with strict requirements. You may also need to satisfy Schedule 3 rules, which require compelling evidence of your circumstances.
If you are on a BVE, it is important to understand the risks, restrictions, and limited rights associated with this visa. Careful planning and strong evidence are necessary if you decide to lodge a new application while on a BVE.
Final Key takeaway: Applying for another visa while on a BVE is possible but limited—most people can only pursue protection or partner visas, often with strict Schedule 3 requirements.