There are many reasons why people from many parts of the world would come to Australia. Some would come here to visit their relatives, some come to study, some to work, while some choose to live here permanently. People’s initial objectives can also change while they are here due to changes in their circumstances or because of new opportunities available for them which were not there before. This article intends to show three different real-life scenarios of visa holders moving from one visa to the next; moreover this article discusses the visa conditions that people will have while waiting for their next visa decision.
From visitor visa to student visa
Anna came to Australia on a visitor visa as she was invited by her sister for a short vacation. While Anna was in Melbourne, she found out that it was possible for her to study here and her sister was willing to support her financially as well as provide her accommodation while she was studying. Anna’s visitor visa did not have a “no further stay” condition (8503) which meant that she was eligible to apply for another visa while in Australia. Before Anna’s visitor visa would expire, she lodged her student visa.
Anna would have been issued a Bridging Visa A(BVA) when she lodged her student visa application. This means that after Anna’s visitor visa expires, her BVA will activate which lets her stay in Australia legally while waiting for her student visa decision.
What are Anna’s visa conditions while on BVA (once activated) in this scenario?
The BVA does not have travel rights. If Anna wants to travel outside Australia, she would need to apply for a Bridging Visa B(BVB).
Anna’s BVA would also have a “no work” condition (8101). This means that Anna could not work in Australia while waiting for her student visa to be decided on.
From student visa to work visa (TSS 482 visa)
Jason is currently on a student visa taking up Diploma of Mental Health in Sydney. Jacob has over five years of work experience as a nurse and has an RN registration from AHPRA. Jacob gets a job offer from a regional hospital in New South Wales and his employer is willing to sponsor him on a 482 visa.
Jacob lodges his 482 visa and is issued a BVA after he lodges his application. Jacob’s BVA will only activate after his student visa expires.
What are Jacob’s visa conditions while on BVA (once activated) in this scenario?
Same as above, Jacob’s BVA will have no travel rights. Jacob’s student visa work limitation will also apply on his BVA. Jacob will have the “8105 work limitation” condition, which means that he can only work 40 hours per fortnight when his class is in session and unlimited work hours during his official study breaks.
From student visa to 190 visa
Nicole came to Australia on a student visa to take up Bachelor of Nursing. After completing her course, she got her AHPRA RN registration and then her positive skills assessment from ANMAC. Soon after Nicole also got her invitation to apply for 190 visa from VIC state. Nicole was able to lodge her 190 visa within a few days before her student visa would expire. Nicole was issued a BVA after she lodged her 190 visa.
What are Nicole’s visa conditions while on BVA (once activated) in this scenario?
Same as the two examples above, Nicole’s BVA will have no travel rights. Nicole’s BVA will have no conditions. This means that Nicole can stay, work, or study in Australia while waiting for her 190 visa to be decided on.
Understanding your visa conditions when transitioning from one visa to another can help you avoid breaching visa conditions that can lead to visa cancellation. Bridging visas behave differently depending on your original visa and your next visa. It is best to consult a Registered Migration Agent or Immigration Lawyer to get advice based on your unique circumstance.