# From Bridging Visa C to Bridging Visa A



## Jazzyfizzle (May 4, 2012)

Hi everyone,

a really unfortunate situation happened: My friend accidentally overstayed her previous visa (1 year post grad student visa) as she had a different date in her head.

We found out 1 week after her visa expired, so she went to immigration directly and they told her to apply for the partner visa straight away (which was the plan all along, so all documents were already in an application on her online account, she just had to submit it and pay the fee).

Now she received the Bridging visa C, as she applied from a non-substantial visa. That doesnt allow her to work or leave the country, which ruins all her plans and most importantly, she and her partner will struggle with the finances.

So the questions is: Is there any possibility to apply/receive Bridging Visa A for the wait (As the waiting time is 15-18months she was told)?

Thanks in advance for your help!!


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## Mish (Jan 13, 2013)

No you can't apply for a BVA from a BVC ... she is stuck here until the decision.

She can apply to DIBP for work rights but there is no guarantee they will be approved.


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## Mish (Jan 13, 2013)

Just remember that if you don't hold a substantive visa when you apply for a partner visa you may be subject to schedule 3. Best to talk to a migration agent about that - I don't know enough about schedule 3 to say 100% if she will. I know that there are some exceptions to it.


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## CCMS (Oct 10, 2013)

*Criteria to be satisfied at time of application*

*820.211*

in the case of an applicant who is not the holder of a substantive visa:

(ii) the applicant satisfies Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied that there are compelling reasons for not applying those criteria.


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## Kah86k (Aug 4, 2013)

The same thing happened to me except the reason I did not lodge my application on time is because my passport had a typo in my name (I have that kind of luck) and I had submitted it to the US consulate for correction and it took a long time to get back. I was not aware that I could submit the application without it.... Anyway, I digress. I was also granted a Bridging visa C. I submitted Form 1005 to apply for work rights. I had to demonstrate financial hardship (I sent all of our financials to the nth degree--receipts from our daughters school uniforms even)--but I submitted it via Australia Post on a Friday and was granted the following Tuesday.


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## Kah86k (Aug 4, 2013)

^^ not saying that this will happen automatically. I'm sure they consider things other than finances--my husband and daughter are both Australian citizens, we've been married for over 8 years together 11+, etc. This was just my experience.


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## prizefighter (Mar 19, 2014)

I was on a bridging visa C and had to apply for work rights. I lodged the financial hardship paperwork with all the evidence required on Wednesday lunch time and had work rights approved on Thursday morning.


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