040 Bridging D
This visa is appropriate for unlawful non-citizens who are either unable to make a substantive application or do not have intentions to do so.
How does this visa work?
There are 2 sub-classes of Bridging visa D:
For a non-citizen who is unlawful (or will become unlawful within 3 working days) and wishes to make a substantive application but is unable to do so. For example, where an incorrect form has been used or the correct application charge cannot be paid. In these circumstances a Bridging visa D is granted for 5 working days to allow a valid application to be made.
Note: Only 2 visas can be granted for this purpose since an applicant last held a substantive visa.
For an unlawful non-citizen unable or not intending to make a substantive application and an authorised officer is not available to interview them for the purposes of considering their eligibility for a Bridging visa E. In these circumstances, a Bridging visa D is granted for 5 working days within which time the non-citizen must be interviewed at an office of the department or leave Australia.
Visa Application Process
The requirements for the making of an application for a bridging visa will depend upon the circumstances in which the bridging visa is being sought.
Substantive visa application
A valid application for a substantive visa which is made in Australia will generally also be an application for a bridging visa. If an application for a substantive visa is made on a form which is also an authorised form for the making of a bridging visa application, it will be unnecessary to make a separate bridging visa application.
Note: A bridging visa granted to keep a non-citizen lawful while a substantive visa application is being considered, will cease if it is found the substantive visa application is invalid. If this happens you will be notified by letter that your bridging visa will cease 28 days after the date of that letter.
If a non-citizen has applied for merits review of a decision to refuse a substantive visa application within the relevant time limits, and held a bridging visa during the processing of the application by the Department of Immigration and Citizenship (the department), that bridging visa will remain in effect during the merits review proceedings. It is unnecessary to apply for a new bridging visa for such proceedings. A separate application will be necessary where the merits review proceedings relate to a decision to cancel a visa, or to a decision to refuse to revoke a cancellation
You must provide the address of where you intend to live while your application is being dealt with. Failure to give a residential address in your application will result in your application being invalid. A post office box address will not be accepted as your residential address.
You can apply for this visa if you:
- Are a non-citizen who is unlawful (or will become unlawful within 3 working days) and wish to make a substantive application but is unable to do so
- Are an unlawful non-citizen unable or not intending to make a substantive application and an authorised officer is not available to interview them for the purposes of considering their eligibility for a Bridging visa E.
Decisions to refuse or cancel a visa are generally reviewable under the Migration Act. If your application for a bridging visa is refused or your bridging visa is cancelled, you will be given written reasons and information on your review rights.