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Have you just received a bridging visa (BVA)? Do you have a BVA and need to apply for a new visa, but can’t because more than 28 days has passed since you were granted the BVA?

It is important to get the correct advice on the effect of a bridging visa, and what you need to do.

If a bridging visa is granted, then you have 28 days within which to apply for a substantive visa whilst on shore – otherwise you need to leave Australia before you can apply.

Many people who are given bridging visas (eg after filing an MRT Review) do not realize that they only have 28 days within which to apply for a proper visa.

You can seek a waiver of this 28 days:

  1. Where there are circumstances (beyond your control) which caused you to become an illegal entrant, or a person without a substantive visa.
  2. there are compelling reasons for granting the waiver.

Where an applicant is applying for a 457 work visa and holds a Bridging visa for an application for independent skilled migration, then the Department may consider the delay in the assessment of the independent skilled migration visa as a factor beyond the applicant’s control.

Both grounds for seeking a waiver are difficult to secure because the decision is discretionary, so you are at the mercy of the DIAC officer processing your application.

You will need help from an experienced migration lawyer – contact us so that this process can be handled correctly.

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