Compilation of Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021 [ “the Compilation”] dated 14 February 2023 incorporates the amendment made by Migration (Arrangements for Bridging visa applications) Amendment Instrument (LIN 23/019) 2023 to specify approved form for making bridging visa applications and to make amendments consequential to the making of the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 (the Amendment Regulations).
The instrument prescribes form 1364 (Internet) for online application for a Bridging A (Class WA) visa (BVA), a Bridging C (Class WC) visa (BVC), and a Bridging E (Class WE) visa (BVE). The purpose of the introduction of the online lodgement method is to:
- align the paper and internet Form 1364,
- reduce processing delays and
- ensure that RoS applicants are taken to have applied for a BVA, BVC and BVE where appropriate.
In cases where the applicants for a BVA BVC or BVE are not able to access the online lodgement or are unable to apply via Immiaccount, they can apply by using an approved paper form by emailing to bv.abc.lodgement@homeaffairs.gov.au provided that the applicant has received a written notice to do so by the Department and must attach such notice with the application form.
However, the changes in the lodgement options only apply to the BVA, BVC or BVE visa applications and doesn’t affect the lodgement procedure for Bridging B (Class WB) visa, Bridging D (Class WD) visa, or Bridging F (Class WF) visa applicants.
Furthermore, the instrument makes consequential amendments to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023. The Amending Regulations excludes potential applicants holding a Subclass 785 (Temporary Protection) visa (TPV) or a Subclass 790 (Safe Haven Enterprise) visa (SHEV) from using Form 1364 and Form 1364 (Internet) to apply for a BVA, BVC or BVE as a Bridging visa is not required by these applicants to maintain their status as lawful non-citizens.
The compilation is registered on the Federal Register of Legislation on 2 March 2023 and commenced on 14 February 2023. It is currently in force.
To access the full compilation, click here.
