If your Australian visa has expired, or you are facing a situation where you may no longer hold a substantive visa, you may have heard of a Bridging Visa E (BVE).
A Bridging Visa E can be important because, in certain circumstances, it can allow a person to remain lawfully in Australia while they resolve their immigration status.
However, a BVE is not a simple solution that applies to everyone. The legislation sets out specific circumstances in which a Bridging Visa E may be available.
There are two Bridging Visa E subclasses:
The requirements are different, and simply being an unlawful non-citizen does not automatically mean that you qualify for a BVE.
The Subclass 050 Bridging (General) visa is the BVE most people are referring to when they talk about a Bridging Visa E.
At the time of application, the legislation provides that an applicant must fall within particular categories. These include being an unlawful non-citizen, already holding a Bridging E (Class WE) visa, or holding a Subclass 041 Bridging (Non-applicant) visa. There are also exclusions for certain categories of eligible non-citizens.
Meeting this initial requirement is not enough on its own. The applicant must also meet one of the further circumstances set out in the legislation.
One circumstance covered by the Subclass 050 legislation is where the Minister is satisfied that a person is making, or is the subject of, acceptable arrangements to depart Australia.
This is one reason why a BVE may be relevant to someone whose Australian visa has expired.
However, departure is not the only situation covered by the legislation.
The Subclass 050 legislation also covers certain circumstances where a person has made a valid application for a substantive visa in Australia, that visa is of a kind that can be granted while the person is in Australia, and the application has not been finally determined.
The legislation also provides for certain circumstances where the Minister is satisfied that the person will make a valid application for a substantive visa within a period allowed for that purpose.
This is an important distinction. A Bridging Visa E is not necessarily only about preparing to leave Australia. In some circumstances, it can operate while another immigration process is underway.
The Subclass 050 legislation also contains provisions dealing with particular judicial review and merits review proceedings.
These include certain circumstances involving judicial review of a substantive visa refusal, review of a visa cancellation decision and particular revocation or non-revocation processes.
There are also provisions dealing with some situations where a person’s visa was cancelled as a consequence of another person’s visa being cancelled.
These provisions are detailed and depend heavily on exactly what has happened in the person’s immigration matter.
The Subclass 050 legislation also contains provisions relating to certain Ministerial Intervention matters, including requests under section 351 of the Migration Act and particular circumstances arising from a Ministerial Intervention decision.
There are detailed requirements and restrictions within these provisions. Making a request for Ministerial Intervention should not therefore be understood as automatically creating an entitlement to a Bridging Visa E.
The Subclass 051 Bridging (Protection Visa Applicant) is different.
As its name suggests, this BVE is connected with particular circumstances involving Protection visa applicants.
The legislation contains specific eligibility requirements and also requires an undertaking relating to departure or presenting for removal in certain circumstances if the Protection visa application is withdrawn or finally refused.
There are also specified public interest and health criteria that apply.
The legislation provides that, in some circumstances, a Subclass 051 visa may be granted without an application.
For a Subclass 051 BVE, when the visa ceases to be in effect depends on what happens with the underlying Protection visa matter.
The legislation deals with events including:
Different time periods can apply depending on the particular event. For example, some provisions refer to periods of 35 days, while particular judicial review provisions can involve a period of 28 days after proceedings are completed or withdrawn.
This is why the circumstances of the individual case need to be examined rather than assuming that every BVE operates in the same way.
No.
Being an unlawful non-citizen is one of the circumstances recognised under the Subclass 050 legislation, but that is only part of the eligibility requirements. The person must also satisfy one of the further requirements contained in the legislation.
In simple terms:
Being unlawful can make a Bridging Visa E relevant to you, but being unlawful does not automatically mean that you meet all of the requirements for a BVE.
More importantly, obtaining a BVE does not necessarily mean that you are eligible to apply for another visa in Australia or that another visa can ultimately be granted.
If your Australian visa has expired and you have become an unlawful non-citizen, timing can be extremely important.
How much time has passed since your visa expired may significantly affect the options available to you, including whether you can validly apply for another visa in Australia, whether an exclusion period or re-entry ban may affect a future visa application, and what additional requirements or legal issues may need to be addressed.
For this reason, it is important to obtain advice as early as possible rather than assume that the situation can simply be fixed later by applying for a Bridging Visa E (BVE).
However, there is no single answer that applies to everyone. Your options will depend on your personal circumstances, immigration history and eligibility for another visa.
The following two cases show how different the circumstances can be.
A former client, who we will call Brian to protect his privacy, came to us after he had been living in Australia unlawfully for approximately two years following the expiry of his visa.
During that time, Brian met his Australian partner, they fell in love, entered into a de facto relationship and had a baby together.
Before doing anything, we reviewed Brian’s immigration history to determine whether he could validly lodge an onshore Partner visa application. Being in a genuine relationship with an Australian does not automatically mean that an unlawful non-citizen can apply for a Partner visa in Australia or ultimately have that visa granted. Special Schedule 3 Waiver provisions applied to Brian’s case.
We established that Brian could make a valid Partner visa application in Australia. Once the application was lodged, he was able to access a Bridging Visa E (BVE) with work rights on the basis that he had a valid substantive visa application before the Department.
After approximately two years of being unlawful, Brian became lawful again.
However, obtaining the Bridging Visa E did not resolve the issues affecting his Partner visa.
Because Brian did not hold a substantive visa when he applied, the Schedule 3 criteria were relevant. We identified compelling reasons arising from his relationship and family circumstances and prepared the evidence and submissions necessary to address Schedule 3 waiver and give his Partner visa application the best prospects of success.
Approximately two years later, Brian was happily married and his Subclass 820 Partner visa was granted.
Brian’s case demonstrates an important point: it is wrong to assume that every unlawful non-citizen can simply obtain a Bridging Visa E, lodge another visa application in Australia and eventually have that visa granted. It is equally wrong to assume that becoming unlawful means there is no possible pathway forward.
In another matter, a client came to us shortly after his Student visa had expired following a period of genuine illness.
Timing was critical. Within the short 28-day period available in his particular circumstances, we were able to assess his position, prepare the necessary application and validly lodge a further Student visa application in Australia, allowing him to rectify his immigration status and continue his studies.
His circumstances were very different from Brian’s, but the lesson is the same: if your visa has expired, do not assume that you have no options – or that you can wait indefinitely before dealing with the problem.
These two clients had both become unlawful in Australia, but their circumstances, immigration histories and the legal issues they faced were very different.
Becoming lawful on a Bridging Visa E, obtaining work rights, being able to validly lodge another visa application in Australia, and ultimately satisfying the requirements for that visa are separate legal questions.
The options available after a visa expires can depend on why you became unlawful, how much time has passed, your immigration history, your personal circumstances and the visa you may be eligible to apply for.
That is why obtaining the right migration advice early can be so important.
If your visa has expired, some of the important questions may include:
These questions are not answered simply by obtaining a BVE.
An experienced Registered Migration Agent can examine your immigration history, identify which provisions may apply and advise you about the options available based on your individual circumstances.
If your Australian visa has expired, you are currently an unlawful non-citizen, or you need advice about a Bridging Visa E, it is important to understand your position before deciding what to do next.
At Heenan & Browne Visa and Migration Services, we can review your immigration history and personal circumstances, explain the options that may be available and advise you about the appropriate next steps.
No two migration cases are the same. Seek migration advice tailored to your individual circumstances and eligibility. Book a Complex Matter Consultation now.
You may also wish to read our related article:
My Australian Visa Has Expired – What Should I Do? Bridging Visa E and Immigration Status Resolution
This article provides general information based on the Bridging Visa E provisions supplied from the Migration Regulations and does not constitute immigration advice for individual circumstances. Eligibility depends on the particular facts of each case and the applicable legislation.
30 September, 2026
23 September, 2026
