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Appendix F: Bridging visa conditions and entitlements


Bridging visa

Visa conditions

 

Visa entitlements

 

 

 

 

Income assistance

Work rights

Health care

Housing assistance

Legal advice or application assistance

Other comments

A (subclass 010)

People who have applied for a substantive visa/or have an active appeal with a review tribunal or court

Limited entitlement

May be entitled to financial assistance through ASAS if criteria for eligibility is met

Some entitlement

Generally yes, but BVA will reflect the conditions of the last substantive visa in most circumstances[1].Where a person has applied for a protection visa, work rights are granted if an application is made within 45 days of entering Australia.

Some entitlement

Medicare- access is granted if an application for a permanent residence visa has been lodged (except  Parent visa), and where the person has rights to work on that temporary visa, or has a parent/spouse/child who is an Australian Citizen

 

Limited entitlement

Assistance through ASAS if person meets specific eligibility criteria.

Limited entitlement

Restricted- may be able to access assistance through the IAAAS

 

B (subclass 020) Granted to a BVA or BVB holder who needs to travel overseas

Not applicable`

Some entitlement

 

Some entitlement

Access to Medicare if an active application for a permanent visa is being considered

 

Not applicable

Not applicable

 

C (subclass 030) Granted to a person who voluntarily applied  for a substantive visa/ or appealed to a review tribunal or court

Limited entitlement

May be entitled to financial assistance through ASAS if criteria for eligibility is met

No entitlement initially

Work rights can only be obtained with a new application and demonstrated ‘compelling need to work’.

Some entitlement

Medicare access with application for a permanent visa or application for protection visa lodged within 45 days of arrival and has current work right.

 

Limited entitlement

Assistance through ASAS if person meets specific eligibility criteria

Limited entitlement

Restricted- may be able to access assistance through the IAAAS. Access to legal advice through NGO’s such as ASRC.

 

Valid for duration of application or review process

D (subclass 040) and (subclass 041)

No

No

Not applicable

Due to temporary nature of this category

Not applicable

Due to temporary nature of this category

Not applicable

In rare circumstances may be able to access legal advice assistance through the IAAAS

 

Strict reporting conditions are placed on this visa.  Issued for a maximum of 5 days.

 

E (subclass 050) and (subclass 051)

Limited entitlement

Bridging visa holders awaiting a decision on a current on-shore Protection Visa (refugee status) application may eligible for the Asylum Seekers Assistance Scheme (ASAS)

Income support to cover basic living expenses and rent (89% of Centrelink Special Benefit)

Special payments in situations of extreme need.

 

 

 

 

 

Limited entitlement

Generally no, but can apply for a new BVE with work rights.

To be eligible to work a person must demonstrate a compelling need to work.[2]

Some entitlement

Yes, general health care and pharmaceutical assistance.

Bridging visa holders with work rights have access to Medicare, but otherwise there is no access to health care other than through pro-bono medical professionals.

In some instances a Health Care Card may be granted.

Some entitlement

Some people are provided accommodation as part of the Community Care Pilot. The Red Cross sources appropriate rental properties and supports clients moving into them with community transition and orientation.

 

Limited entitlement

Immigration information and counselling through the International Organization for Migration (IOM)

Legal advice is restricted- may be able to access assistance through the IAAAS.

 

Referrals and short-term counselling

Casework support

Limited access to study. May have reporting conditions. May be requested to lodge a security bond (not less than $5000/ and as high as $45 000- $50 000 for high risk immigration clients)

Duration of visa will vary.

F (subclass 050)

No


Holders of bridging visas do not meet the Social Security Act definition of an Australian resident.

 

No

Yes

Specialised support for victims program[3]

Yes

Specialised support for victims program

Yes

Specialised support for victims program

A person identified as an alleged victim of sexual servitude offences will have access to intensive victim support administered by a case manager from the Office of the Status of Women. 

Some reintegration assistance for victims of trafficking who return to their countries of origin.

R (subclass 070)

Yes

Entitled to Special benefits payment, waiting period does not apply.

Yes

Yes

Eligible for Health care card, and can be listed as a dependent on a Pensioner concession card

Yes

Assistance is provided through ASAS

Limited entitlement

Restricted- may be able to access assistance through the IAAAS. Immigration information and counselling through the International Organization for Migration (IOM)

 

May be eligible for Crisis payment, Family tax benefit and child care benefit.

A bridging visa R can  be granted using the Minister’s non delegable, non compellable public interest power, under section 195A of the Migration Act


Source        Department of Immigration and Citizenship, supplementary submission 129f, pp 27-28; supplementary submission 129d, p 9; Migration Regulations 2.20A; Kamand S et al, Immigration Advice and Rights Centre, The immigration kit (2008), 8th ed, The Federation Press, pp 172-201. Parliamentary Library, Millbank A, ‘Asylum seekers on bridging visa E’ (2007), research brief no. 13; Asylum Seekers Resource Centre, ‘Guide to all visas’, November 2005.

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