Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021

made under the Migration Regulations 1994

Compilation No. 3

Compilation date: 31 July 2024

Includes amendments: F2024L00938

About this compilation

This compilation

This is a compilation of the Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021 that shows the text of the law as amended and in force on 31 July 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1 Name

  This instrument is the Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021.

3 Definitions

  In this instrument:

 Act means the Migration Act 1958.

 Department means Department of Home Affairs.

electronic form means a form mentioned in paragraph 1.18(2)(c) of the Regulations.

ImmiAccount means the interactive portal for online services available through the Department’s website at https://immi.homeaffairs.gov.au.

Internet form means a form mentioned in paragraph 1.18(2)(b) of the Regulations.

online portal means the online services portal Submit your Bridging visa application online (Bridging visa A, B or C only) available through the Department’s website at https://immi.homeaffairs.gov.au/help-support/
departmental-forms/online-forms.

Regulations means the Migration Regulations 1994.

written notice means an email from the Department authorising an applicant for a Bridging A (Class WA), Bridging B (Class WB) or Bridging C (Class WC) visa to submit an approved paper form to bv.abc.lodgement@homeaffairs.gov.
au.

Note 1 A number of expressions used in this instrument are defined in:

(a) regulation 1.03 of the Regulations; and

(b) subsection 5(1) of the Act, including approved form, substantive visa and visa.

Note 2 Subsection 172(2) of the Act provides for when a person is in immigration clearance.

4 Approved form

 (1) For subregulation 2.07(5) of the Regulations, each form mentioned in an item in Schedule 1 is an approved form for the class of visa mentioned in the item.

 (2) For a Bridging A (Class WA) visa, form 482D, 482V or 494V is also an approved form if:

(a) the applicant has been authorised by the Department to apply for a substantive visa; and

(b) the application for the substantive visa is made using approved form 482D, 482V or 494V.

 (3) For a Bridging C (Class WC) visa, form 482D, 482V or 494V is also an approved form if:

(a) the applicant has been authorised by the Department to apply for a substantive visa; and

(b) the application for the substantive visa is made using approved form 482D, 482V or 494V.

 (4) For a Bridging E (Class WE) visa, form 1008 (Internet) is also an approved form, if the applicant does not have another pending BVE application.

 (5) For subsection (4), an applicant has a pending BVE application if:

(a) the applicant has made an application for Bridging E (Class WE) visa; and

(b) the application has not been determined to be invalid, or withdrawn by the applicant; and

(c) the Minister has neither granted nor refused to grant the Bridging E (Class WE) visa.

 (6) For a Bridging A (Class WA), Bridging C (Class WC) and Bridging E (Class WE) visa, form 1364 and form 1364 (Internet) are not approved forms, if the applicant holds a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa.

 (7) Despite subsection (1), for a Bridging E (Class WE) visa, form 866 and form 866 (Internet) are not approved forms if the applicant holds a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa. 

5 Place and manner of making application

 (1) For paragraphs 1301(3)(a), 1302(3)(a) and 1303(3)(a) of Schedule 1 to the Regulations, the application must be made:

(a) if the same form is used for a substantive visa application—at the same place, and in the same manner, as specified in an instrument under subregulation 2.07(5) of the Regulations for the substantive visa application; or

(b) if the application cannot be made at the place and in the manner mentioned in paragraph (a):

 (i) using an Internet form in ImmiAccount as an Internet application; or

 (ii) using an electronic form in the online portal.

Note 1 Regulation 2.10C of the Regulations provides for the time of making an Internet application.

Note 2 An unlawful non-citizen located by an officer of Immigration may also apply for a bridging visa directly to that officer – see subregulations 2.10(2A) and (3) of the Regulations.

 (2) However, if the application cannot be made in accordance with subsection (1), it may be made using an approved paper form by email to bv.abc.lodgement@ homeaffairs.gov.au if:

(a) the Department has given a written notice to the applicant authorising the applicant to make the visa application using an approved paper form; and

(b) the applicant is not in immigration clearance; and

(c) the written notice is attached to the application; and

(d) the application is submitted within 7 calendar days after the written notice was sent (AEST or AEDST as applicable to the date when the written notice was sent).

 (3) For paragraphs 1304(3)(a), 1305(3)(a) and 1306(3)(a) of Schedule 1 to the Regulations, an application for a visa must be made:

(a) if the same form is used for a substantive visa application—at the same place, and in the same manner, as specified in an instrument under subregulation 2.07(5) of the Regulations for the substantive visa application; or

(b) in any other case:

 (i) if the application form used is an Internet form in ImmiAccount—as an Internet application; or

 (ii) if the application form used is not an Internet form in ImmiAccount—at an office of Immigration in Australia, but not in immigration clearance.

Note Regulation 2.10C of the Regulations provides for the time of making an Internet application.

6 Additional place and manner for making a Bridging D (Class WD) visa application

  For paragraph 1304(3)(a) of Schedule 1 to the Regulations, an application for a Bridging D (Class WD) visa using paper form 1007:

 (a) must not be made by any electronic means, including by fax or email; and

 (b) must be made:

 (i) in person at an interview with an officer of Immigration, but not in immigration clearance; or

 (ii) by post to an office of Immigration in Australia.

7 Additional place and manner for making a Bridging E (Class WE) visa application

  For paragraph 1305(3)(a) of Schedule 1 to the Regulations, an application for a Bridging E (Class WE) visa using paper form 1008:

 (a) must not be made by any electronic means, including by fax or email; and

 (b) must be made:

 (i) for an applicant in immigration detention – by hand to an officer of Immigration; or

 (ii) in person at an interview with an officer of Immigration, but not in immigration clearance; or

 (iii) by post to an office of Immigration in Australia.

Note Subparagraphs 7(b)(ii) and 7(b)(iii) apply to any applicant, including an applicant in immigration detention.

Schedule 1 Forms for bridging visa applications

(section 4)

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history