LIN 21/045

Compilation no. 2

Compilation date 14 February 2023

This compilation was prepared by the Department of Home Affairs on 16 February 2023 taking into account amendments up to Migration (Arrangements for Bridging visa applications) Amendment Instrument (LIN 23/019) 2023 (F2023L00102).

1 Name

  This instrument is the Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021.

3 Definitions

  In this instrument:

 Act means the Migration Act 1958.

 Department means Department of Home Affairs.

electronic form means a form mentioned in paragraph 1.18(2)(c) of the Regulations.

ImmiAccount means the interactive portal for online services available through the Department’s website at https://immi.homeaffairs.gov.au.

Internet form means a form mentioned in paragraph 1.18(2)(b) of the Regulations.

online portal means the online services portal Submit your Bridging visa application online (Bridging visa A, B or C only) available through the Department’s website at https://immi.homeaffairs.gov.au/help-support/
departmental-forms/online-forms.

Regulations means the Migration Regulations 1994.

written notice means an email from the Department authorising an applicant for a Bridging A (Class WA), Bridging B (Class WB) or Bridging C (Class WC) visa to submit an approved paper form to bv.abc.lodgement@homeaffairs.gov.
au.

Note 1 A number of expressions used in this instrument are defined in:

(a) regulation 1.03 of the Regulations; and

(b) subsection 5(1) of the Act, including approved form, substantive visa and visa.

Note 2 Subsection 172(2) of the Act provides for when a person is in immigration clearance.

4 Approved form

 (1) For subregulation 2.07(5) of the Regulations, each form mentioned in an item in Schedule 1 is an approved form for the class of visa mentioned in the item.

 (2) For a Bridging A (Class WA) visa, form 482D, 482V or 494V is also an approved form if:

(a) the applicant has been authorised by the Department to apply for a substantive visa; and

(b) the application for the substantive visa is made using approved form 482D, 482V or 494V.

 (3) For a Bridging C (Class WC) visa, form 482D, 482V or 494V is also an approved form if:

(a) the applicant has been authorised by the Department to apply for a substantive visa; and

(b) the application for the substantive visa is made using approved form 482D, 482V or 494V.

 (4) For a Bridging E (Class WE) visa, form 1008 (Internet) is also an approved form, if the applicant does not have another pending BVE application.

 (5) For subsection (4), an applicant has a pending BVE application if:

(a) the applicant has made an application for Bridging E (Class WE) visa; and

(b) the application has not been determined to be invalid, or withdrawn by the applicant; and

(c) the Minister has neither granted nor refused to grant the Bridging E (Class WE) visa.

 (6) For a Bridging A (Class WA), Bridging C (Class WC) and Bridging E (Class WE) visa, form 1364 and form 1364 (Internet) are not approved forms, if the applicant holds a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa.

5 Place and manner of making application

 (1) For paragraphs 1301(3)(a), 1302(3)(a) and 1303(3)(a) of Schedule 1 to the Regulations, the application must be made:

(a) if the same form is used for a substantive visa application—at the same place, and in the same manner, as specified in an instrument under subregulation 2.07(5) of the Regulations for the substantive visa application; or

(b) if the application cannot be made at the place and in the manner mentioned in paragraph (a):

 (i) using an Internet form in ImmiAccount as an Internet application; or

 (ii) using an electronic form in the online portal.

Note Regulation 2.10C of the Regulations provides for the time of making an Internet application.

 (2) However, if the application cannot be made in accordance with subsection (1), it may be made using an approved paper form by email to bv.abc.lodgement@ homeaffairs.gov.au if:

(a) the Department has given a written notice to the applicant authorising the applicant to make the visa application using an approved paper form; and

(b) the applicant is not in immigration clearance; and

(c) the written notice is attached to the application; and

(d) the application is submitted within 7 calendar days after the written notice was sent (AEST or AEDST as applicable to the date when the written notice was sent).

 (3) For paragraphs 1304(3)(a), 1305(3)(a) and 1306(3)(a) of Schedule 1 to the Regulations, an application for a visa must be made:

(a) if the same form is used for a substantive visa application—at the same place, and in the same manner, as specified in an instrument under subregulation 2.07(5) of the Regulations for the substantive visa application; or

(b) in any other case:

 (i) if the application form used is an Internet form in ImmiAccount—as an Internet application; or

 (ii) if the application form used is not an Internet form in ImmiAccount—at an office of Immigration in Australia, but not in immigration clearance.

Note Regulation 2.10C of the Regulations provides for the time of making an Internet application.

6 Additional place and manner for making Bridging E (Class WE) visa application in paper form 1005 or 1008

  For paragraph 1305(3)(a) of Schedule 1 to the Regulations, an application for Bridging E (Class WE) visa using paper form 1005 or 1008 must not be made by any electronic means, including by fax or email.

Note An application using paper form 1005 or 1008 can be made by post to an office of immigration or in person.

Schedule 1 Forms for bridging visa applications

(section 4)

Notes

This compilation comprises Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021 amended as indicated in the following tables.

Table of instruments

Table of amendments