Minor amendments to Bridging Visa A and Bridging Visa B

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Minor amendments to Bridging Visa A and Bridging Visa BCommencement: 1 July 2011Client summaryFrom 1 July 2011, the Migration Regulations 1994 (the Regulations) are amended to:

• insert a reference to conditions 8107 and 8501 into clause 010.611 of Schedule 2 to the Regulations, that imposes mandatory visa conditions 8107 and 8501 on a Subclass 010 – Bridging A visa granted to an applicant in association with a valid application for a Subclass 457 visa if the conditions apply to the Subclass 457 visa held by the applicant at the time the application for a new Subclass 457 visa is validly made;
• insert a reference to conditions 8107 and 8501 into clause 020.611 of Schedule 2 to the Regulations, that imposes mandatory visa conditions 8107 and 8501 on a Subclass 020 – Bridging B visa granted to an applicant in association with a valid application for a Subclass 457 visa if those conditions applied to the Subclass 457 visa held by the applicant at the time of making the valid application for a new Subclass 457 visa; and
• insert references to paragraphs 2.43(1)(kb) and 2.43(1)(ia) into subitem 4013(2) of Schedule 4 of the Regulations, which ensures that if a visa is cancelled as a consequence of those paragraphs, the holder of the visa will be affected by a ‘risk factor’ and may be excluded from being granted another visa within three years of the cancellation.
  

Affected legislationThe following provisions of the Regulations are amended:

• Schedule 2, subclause 010.611(3C), is inserted
• Schedule 2, subclause 020.611(4A), is inserted
• Schedule 4, paragraph 4013(2)(d), is amended
  

Additional informationConditions on Bridging A Visas granted on the basis of Subclass 457 visa applications made by Subclass 457 visa holders.
Subclause 010.611(3C) requires mandatory attachment of condition 8107 and / or condition 8501 to Bridging A Visas granted on the basis of a valid Subclass 457 visa application where the respective 8107 or 8501 condition applied to the Subclass 457 visa held at the time that the Subclass 457 application was made. If the former Subclass 457 visa was only subject to one of conditions 8107 or 8501, then only that condition should be attached to the Bridging A Visa. Subclause 010.611(3C) ensures that former Subclass 457 visa holders who hold Bridging A Visas granted while they await the outcome of a further Subclass 457 visa application, maintain their health insurance (condition 8107) and do not cease employment (condition 8501), where those conditions applied to the Subclass 457 visa held by the applicant.
Conditions on Bridging B Visas granted on the basis of Subclass 457 visa applications made by Subclass 457 visa holders
Subclause 020.611(4A) makes it mandatory to attach condition 8107 and / or condition 8501 to a Bridging B Visa granted to the holder of a Bridging A Visa that was granted on the basis of a valid Subclass 457 visa application in situations where the respective 8107 or 8501 condition applied to the Subclass 457 visa held at the time that the Subclass 457 application was made. If the former Subclass 457 visa was only subject to one of conditions 8107 or 8501, then only that condition should be attached to the Bridging B Visa. Subclause 020.611(4A) ensures that former Subclass 457 visa holders who hold Bridging B Visas granted while they await the outcome of a further Subclass 457 visa application, maintain their health insurance (condition 8107) and do not cease employment (condition 8501), where those conditions applied to the Subclass 457 visa held by the applicant.
Transitional provisionsThe amendments will apply for applications for visas:

• made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 July 2011; or
• made on or after 1 July 2011.
  

FormsNil.
InstructionsPAM3 will be amended to reflect these changes.

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