(a) who meets the requirements of subclause 010.211(2) or (3) on the basis of making a valid application for a Subclass 103 (Parent) visa or a Subclass 143 (Contributory Parent) visa; and
(b) who is seeking to meet the requirements of subclause 103.214(2), 103.313(2), 143.214(2) or 143.313(2);
the following conditions:
(c) condition 8104—but only if the condition applied to the most recent substantive visa held by the person;
(d) condition 8303—but only if the condition applied to the most recent substantive visa held by the person;
(e) condition 8501.
(4) In any other case: whichever of conditions 8101, 8102, 8103, 8104, 8105, 8107, 8108, 8111, 8112, 8114, 8115, 8539, 8547, 8549, 8607 and 8608 applies to:
(a) the visa held by the holder:
(i) at the time of application; or
(ii) if the bridging visa is granted under regulation 2.21A to a person mentioned in subregulation 2.21A(2) or (3), or under regulation 2.21B—at the time of grant; or
(b) if the visa mentioned in subparagraph (a)(i) has ceased, or no visa is held by the holder at the time of grant—the last Bridging A (Class WA) or Bridging B (Class WB) visa held by the holder.
Subclass 020—Bridging B
020.1—Interpretation
Note: ART is defined in subsection 5(1) of the Act. Compelling need to work and criminal detention are defined in regulation 1.03. For eligible non‑citizen, see regulation 2.20. There are no interpretation provisions specific to this Part.
020.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
020.21—Criteria to be satisfied at the time of application
020.211
The applicant is the holder of:
(a) a Bridging A (Class WA) visa; or
(b) a Bridging B (Class WB) visa.
020.212
(1) The applicant meets the requirements of subclause (2), (3), (4) or (5).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and
(b) that application has not been finally determined; and
(c) the applicant wishes to leave and re‑enter Australia during the processing of that application; and
(d) the Minister is satisfied that the applicant’s reasons for wishing to do so are substantial.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and
(b) that application was refused; and
(c) either:
(i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application, and the judicial review proceedings (including proceedings on appeal, if any) have not been completed; or
(ii) the applicant:
(A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and
(B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i); and
(d) the applicant wishes to leave and re‑enter Australia during the judicial proceedings; and
(e) the Minister is satisfied that the applicant’s reasons for wishing to do so are substantial.
(4) An applicant meets the requirements of this subclause if:
(a) the applicant has made a valid application for a Partner (Migrant) (Class BC) visa; and
(b) the application has not been finally determined; and
(c) the applicant wishes to leave and re‑enter Australia during the processing of that application; and
(d) the Minister is satisfied that the applicant’s reasons for wishing to do so are substantial.
(5) An applicant meets the requirements of this subclause if:
(a) the applicant has made a valid application for a Partner (Migrant) (Class BC) visa; and
(b) that application was refused; and
(c) either:
(i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application; or
(ii) the applicant:
(A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and
(B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i); and
(d) the judicial review proceedings (including proceedings on appeal, if any) are not completed; and
(e) the applicant wishes to leave and re‑enter Australia during those proceedings; and
(f) the Minister is satisfied that the applicant’s reasons for wishing to do so are substantial.
020.213
The applicant’s return to Australia would not be contrary to the public interest.
020.22—Criteria to be satisfied at the time of decision
020.221
The applicant continues to satisfy the criteria set out in clauses 020.211 and 020.212.
020.223
The applicant satisfies public interest criterion 4021.
020.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
020.4—Circumstances applicable to grant
020.411
The applicant must be in Australia, but not in immigration clearance.
Note: The applicant must be an eligible non‑citizen at the time of grant: see the Act, s 73.
020.5—When visa is in effect
020.511
(1) In the case of a visa granted to a non‑citizen who has applied for a substantive visa—bridging visa:
(a) coming into effect:
(i) on grant; or
(ii) when the substantive visa (if any) held by the holder ceases; and
(b) permitting the holder to remain in Australia until:
(i) if the Minister’s decision in respect of the substantive visa application is to grant a visa—the grant of the visa; or
(ii) if the Minister’s decision in respect of that application is to refuse to grant a visa and subclause (1A) does not apply in relation to the decision—35 days after the Minister makes the decision; or
(iiaa) if the Minister’s decision in respect of that application is to refuse to grant a visa and subclause (1A) applies in relation to the decision—the time the Minister makes the decision; or
(iia) if the substantive visa application is refused and the ART decides that the holder’s application for merits review of that refusal was not made in accordance with the law governing the making of applications to the ART—35 days after the ART makes the decision; or
(iii) if the substantive visa application is refused and the ART makes a decision on the holder’s application for merits review of that refusal (other than a decision to remit the application to the Minister for reconsideration)—35 days after the ART makes the decision; or
(iv) if the holder withdraws his or her application for a substantive visa or an application to the ART—35 days after that withdrawal; or
(v) the grant of another bridging visa to the holder in respect of the same application for a substantive visa; or
(vi) if the substantive visa (if any) held by the holder is cancelled—that cancellation; or
(vii) if the Minister decides that the substantive visa application is invalid—35 days after the Minister makes the decision; or
(viii) if the ART remits the substantive visa application to the Minister for reconsideration—the day worked out in accordance with whichever subparagraph of this paragraph applies in relation to the reconsideration; and
(c) permitting the holder to travel to and enter Australia until the time set by paragraph (b), unless the Minister has specified an earlier time for the purpose.
(1A) This subclause applies in relation to a decision to refuse to grant the non‑citizen a substantive visa if:
(a) both of the following apply:
(i) a criterion for the grant of the substantive visa is that the non‑citizen satisfies public interest criterion 4003;
(ii) the non‑citizen did not satisfy paragraph (b) of that criterion; or
(b) both of the following apply:
(i) a criterion for the grant of the substantive visa is that the non‑citizen satisfies public interest criterion 4003A;
(ii) the non‑citizen did not satisfy that criterion.
(2) For the purposes of subparagraphs (1)(b)(ii), (iia), (iii) and (vii), the 35 day period begins to run:
(a) despite any failure to comply with the requirements of the Act or these Regulations in relation to the decision mentioned in the subparagraph; and
(b) irrespective of the validity of the decision.
020.512
In the case of a visa granted to a non‑citizen on the basis of judicial review of a decision—bridging visa:
(a) coming into effect:
(i) on grant; or
(ii) when the substantive visa (if any) held by the holder ceases; and
(b) permitting the holder to remain in Australia until:
(i) subject to paragraph (ba), 28 days after the judicial review proceedings (including proceedings on appeal, if any) are completed; or
(ii) if the holder withdraws his or her application for judicial review—28 days after that withdrawal; or
(iii) the grant of another bridging visa in respect of the same application for judicial review; or
(iv) if the substantive visa (if any) held by the holder is cancelled—that cancellation; and
(ba) if a court remits a matter to which the judicial review proceedings relate to the ART, or to the Minister, for reconsideration—permitting the holder to remain in Australia in accordance with the relevant provision of paragraph 020.511(1)(b); and
(c) permitting the holder to travel to and enter Australia until the time set by paragraph (b), unless the Minister has specified an earlier time for the purpose.
020.513
In the case of a visa granted to a non‑citizen on the basis that the non‑citizen is a member of the family unit of a party to judicial review proceedings—bridging visa:
(a) coming into effect:
(i) on grant; or
(ii) when the substantive visa (if any) held by the holder ceases; and
(b) permitting the holder to remain in Australia until the expiry of the bridging visa held by the party to the judicial review proceedings.
020.6—Conditions
020.611
(1) In the case of a visa granted to a non‑citizen who is either:
(a) an applicant for a protection visa who:
(i) is not a person described in subclause (2) or (2A); or
(ii) satisfies the criterion in subclause 020.212(2); or
(b) a person in a class of persons specified by the Minister by an instrument in writing for this paragraph;
Nil.
(2) In the case of a visa granted to a non‑citizen who:
(a) applies for a protection visa; and
(b) satisfies the criterion in subclause 020.212(3);
condition 8101, if that condition applied to the last visa held by the holder.
(3) In the case of a visa granted to a person who meets the requirements of subclause 020.212(2) or (3) on the basis of a valid application for a Skilled (Provisional) (Class VC) visa in relation to which the applicant met the requirements for subitem 1229(4) of Schedule 1: condition 8501.
(4) In the case of a visa granted to a non‑citizen who meets the requirements of subclause 020.212(2) or (3) on the basis of a valid application for:
(a) a Business Skills—Business Talent (Permanent) (Class EA) visa; or
(b) a Business Skills (Provisional) (Class EB) visa; or
(c) a Business Skills (Permanent) (Class EC) visa; or
(d) an Employer Nomination (Permanent) (Class EN) visa; or
(da) a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa; or
(db) a Skilled Work Regional (Provisional) (Class PS) visa; or
(e) a Regional Employer Nomination (Permanent) (Class RN) visa; or
(f) a Skilled—Independent (Permanent) (Class SI) visa; or
(g) a Skilled—Nominated (Permanent) (Class SN) visa; or
(h) a Skilled—Regional Sponsored (Provisional) (Class SP) visa; or
(i) a Skilled (Residence) (Class VB) visa;
nil.
(4A) In the case of a visa granted to a person on the basis of:
(a) making a valid application for a Subclass 457 (Temporary Work (Skilled)) visa; and
(b) holding a Subclass 457 visa (the first visa) at the time of making the application mentioned in paragraph (a);
8107 (if the first visa is subject to that condition) and 8501 (if the first visa is subject to that condition).
(4B) In the case of a visa granted to a person on the basis of:
(a) making a valid application for a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 482 (Skills in Demand) visa; and
(b) holding a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa or a Subclass 482 (Temporary Skill Shortage) visa (the first visa) at the time of making the application mentioned in paragraph (a);
the following conditions:
(c) if the first visa was subject to condition 8107—condition 8107;
(d) if the first visa was subject to condition 8501—condition 8501;
(e) if the first visa was subject to condition 8607—condition 8607.
(4C) In the case of a visa granted to a person:
(a) who meets the requirements of subclause 020.212(2) or (3) on the basis of making a valid application for a Subclass 103 (Parent) visa or a Subclass 143 (Contributory Parent) visa; and
(b) who is seeking to meet the requirements of subclause 103.214(2), 103.313(2), 143.214(2) or 143.313(2);
the following conditions:
(c) condition 8104—but only if the condition applied to the most recent substantive visa held by the person;
(d) condition 8303—but only if the condition applied to the most recent substantive visa held by the person;
(e) condition 8501.
(5) In any other case—whichever of conditions 8101, 8102, 8103, 8104, 8105, 8107, 8108, 8111, 8112, 8114, 8115, 8539, 8547, 8549, 8607 and 8608 applies to the bridging visa held by the holder at the time of application.
Subclass 030—Bridging C
030.1—Interpretation
Note: ART is defined in subsection 5(1) of the Act. Compelling need to work and criminal detention are defined in regulation 1.03. For eligible non‑citizen, see regulation 2.20. There are no interpretation provisions specific to this Part.
030.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
030.21—Criteria to be satisfied at time of application
030.211
The applicant does not hold a Bridging E (Class WE) visa and has not held such a visa since last holding a substantive visa.
030.212
(1) The applicant meets the requirements of subclause (2), (2A), (3) or (5).
(2) An applicant meets the requirements of this subclause if:
(a) the applicant is not the holder of a substantive visa; and
(b) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and
(ba) either:
(i) the bridging visa can be granted in respect of that application under regulation 2.21B; or
(ii) that application was made at the same time, and on the same form, as the bridging visa application; and
(c) that application has not been finally determined.
(2A) An applicant meets the requirements of this subclause if:
(a) he or she is not the holder of a substantive visa; and
(b) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and
(c) that application has not been finally determined; and
(d) he or she has previously been granted a Bridging C (Class WC) visa in respect of that application.
(3) An applicant meets the requirements of this subclause if:
(a) the applicant holds a Bridging C (Class WC) visa that:
(i) was granted as a result of a valid application, made in Australia, for a substantive visa of a kind that could be granted to an applicant who was in Australia; and
(ii) is subject to condition 8101; and
(b) the Minister is satisfied that the applicant has a compelling need to work.
(5) An applicant meets the requirements of this subclause if:
(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and
(aa) that application was refused; and
(b) either:
(i) the applicant, or the Minister, has applied, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application; or
(ii) the applicant:
(A) is a member of the family unit of a person whose substantive visa application is the subject of the judicial review proceedings mentioned in subparagraph (i); and
(B) made a substantive visa application that was combined with the substantive visa application mentioned in subparagraph (i); and
(c) at the time of that application, he or she held a Bridging C (Class WC) visa; and
(d) the judicial review proceedings (including proceedings on appeal, if any) are not completed.
030.22—Criteria to be satisfied at the time of decision
030.221
The applicant continues to satisfy the criteria in clauses 030.211 to 030.212.
030.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
030.4—Circumstances applicable to grant
030.411
The applicant must be in Australia, but not in immigration clearance.
Note: The applicant must be an eligible non‑citizen at the time of grant: see the Act, s 73.
030.5—When visa is in effect
030.511
(1) In the case of a visa granted to a non‑citizen who has applied for a substantive visa—bridging visa:
(a) coming into effect:
(i) on grant; or
(ii) when the substantive visa (if any) held by the holder ceases; and
(b) permitting the holder to remain in Australia until:
(i) if the Minister’s decision in respect of the substantive visa application is to grant a visa—the grant of the visa; or
(ii) if the Minister’s decision in respect of that application is to refuse to grant a visa and subclause (1A) does not apply in relation to the decision—35 days after the Minister makes the decision; or
(iiaa) if the Minister’s decision in respect of that application is to refuse to grant a visa and subclause (1A) applies in relation to the decision—the time the Minister makes the decision; or