Bridging Visa C Eligibility Checklist: What Subclause 030.212 Requires (2026)

A Bridging visa C (BVC, Subclass 030) is available to a person who has made a valid substantive visa application in Australia but does not hold a substantive visa, and eligibility turns on which one of four alternatives in subclause 030.212 of Schedule 2 to the Migration Regulations 1994 the applicant satisfies — initial grant, replacement grant, grant for a compelling need to work, or grant during judicial review. This maps to the structure set out on the Department of Home Affairs official page for Bridging visa C (Subclass 030) as of the August 2026 version, read with the Regulations and the department's policy material for the subclass. What follows is a structured checklist for practitioners, not advice on any individual case: the criteria have to be applied against the current legislation and the applicant's own facts, and where the outcome matters, professional advice should be sought.

What does subclause 030.212 actually require?

Subclause 030.212 is not a single test. It is a set of alternatives — 030.212(2), (2A), (3) and (5) — and an applicant must satisfy one of them at the time of application, then continue to satisfy it at the time of decision under the corresponding decision-time criterion. Each alternative also assumes the gateway in subclause 030.211 has been passed.

That gateway is narrow and absolute: the applicant must not hold a Bridging visa E (BVE), and must not have held a BVE since they last held a substantive visa. A person whose lawful status was maintained by a BVE at any point after their last substantive visa cannot reach 030.212 at all, no matter how strong the underlying substantive application is.

Which of the four 030.212 pathways applies?

The four alternatives correspond to four recognisable client situations. Identifying which one applies is the first practical step, because the evidence and the application channel differ.

Pathway	Regulation reference	What must be true	Separate application?
Initial BVC	030.212(2)	No substantive visa; valid substantive visa application made in Australia of a kind that can be granted in Australia; that application not finally determined; BVC applied for on the same form as the substantive application or granted under regulation 2.21B	No — automatic as part of the substantive application
Replacement BVC	030.212(2A)	No substantive visa; valid substantive visa application not finally determined; a BVC was previously granted in relation to that same substantive application	Yes
Work-need BVC	030.212(3)	Holds a BVC granted because of the substantive application, and it carries condition 8101 (no work); decision maker satisfied of a compelling need to work as defined in regulation 1.08	Yes
Judicial review BVC	030.212(5)	Valid substantive visa application made in Australia and refused; the applicant or the Minister applied for judicial review within the prescribed timeframe, or the applicant is a member of the family unit of a party to those proceedings and their substantive visa application was combined with that party's application; applicant held a BVC when the judicial review was applied for; proceedings not completed	Yes — by webform only

Are you applying for the first BVC alongside a substantive visa?

This is 030.212(2), and it is the case the department describes as the ordinary one: nearly all bridging visas are applied for automatically as part of applying for a substantive visa. Two features trip people up. First, the substantive visa application must be one that can be granted if the applicant is in Australia. Second, on the initial pathway the BVC application must travel on the same form as the substantive application, unless the grant is made under regulation 2.21B — a separately lodged "first" BVC does not answer this limb.

Do you need a replacement BVC?

030.212(2A) covers the applicant who already had a BVC on the same substantive application and needs another. The common trigger is travel: a BVC ceases on departure from Australia, so a person who leaves and later returns cannot revive the old visa and must be assessed afresh. Timing matters here — the applicant must not hold a substantive visa when the replacement is sought.

Do you need a BVC that lets you work?

030.212(3) is the work pathway. It requires an existing BVC that carries condition 8101, plus a finding of compelling need to work under regulation 1.08. Departmental policy guidance (PAM3) treats compelling need to work as a discretionary assessment of the applicant's circumstances rather than a mechanical test; an applicant who does not establish it but otherwise qualifies can still be granted a further BVC carrying the same work restriction.

Are you applying because of judicial review?

030.212(5) applies where the substantive visa application has been refused and judicial review is on foot. The conditions are conjunctive: review was applied for within the prescribed timeframe (departmental policy identifies that period as 35 days) by the applicant or the Minister, or the applicant is a member of the family unit of a party to those proceedings whose substantive visa application was combined with that party's application; the applicant held a BVC at the moment the review was applied for; and the proceedings have not finished. An application to extend time is not the same thing and does not answer this limb. The department's page adds that a person who has applied for judicial review can only apply for a bridging visa by webform.

What does the department list as the common eligibility criteria?

The Home Affairs page for Subclass 030 states the common criteria as: do not hold a Bridging visa E and not have held one since last holding a substantive visa; do not hold a substantive visa when the substantive visa application was lodged; be in Australia when applying; and have made either a valid substantive visa application that has not been finally determined, or a judicial review application within the prescribed timeframe where the proceedings are incomplete and a BVC was previously held for that substantive application.

The page also records two further points: there is no age requirement — any age may apply — and the character requirement must be met. It directs readers to Schedule 2 of the Migration Regulations 1994 for all criteria. The page lists the cost as free.

Does the first BVC allow work?

Usually not, and the exception is a closed list. The initial BVC granted when the substantive application is lodged will not permit work unless the substantive visa applied for is one of the following:

Business Talent visa (subclass 132)
Employer Nomination Scheme visa (subclass 186)
Regional Sponsored Migration Scheme visa (subclass 187)
Business Innovation and Investment (Provisional) visa (subclass 188)
Skilled — Independent visa (subclass 189)
Skilled — Nominated visa (subclass 190)
Skilled — Regional (Provisional) visa (subclass 489)
Skilled Work Regional (Provisional) visa (subclass 491)
Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)
Business Innovation and Investment (Permanent) visa (subclass 888)

Where the BVC does not allow work, or allows it only with restrictions, a further BVC permitting work may be sought on the basis of financial hardship; the department assesses the claim and, if the work requirement is not met but the person is still eligible, grants a new BVC with the same work prevention or restriction. A Protection visa applicant seeking a BVC for judicial review can only get work rights if the last BVC they held allowed work; a non-Protection applicant in the same position will only be granted a BVC that does not allow work, even if the previous one did.

When does a BVC come into effect, and when does it cease?

A BVC comes into effect when it is granted, or when the applicant's current substantive visa ceases, or when another bridging visa more beneficial than the current one ceases. If a substantive visa is held at the time of grant, its conditions continue to bind until it ceases; only then do the BVC conditions bite.

Cessation is event-driven. The BVC ends immediately if the holder leaves Australia while it is in effect, if the substantive visa applied for is granted, if another bridging visa is granted for the same substantive application, or if the department cancels either the BVC or the substantive visa held at grant. Otherwise, for a BVC granted on or after 19 November 2016, it ceases 35 calendar days after a refusal decision or an Administrative Appeals Tribunal decision, an invalidity determination, or a withdrawal of the substantive application or AAT review application; and 28 calendar days after a judicial review body upholds the refusal or the related judicial review application is withdrawn. For a BVC granted before 19 November 2016, the department's page lists a 28-day period running from the relevant notification, withdrawal, no-jurisdiction notice or judicial review outcome. The visa cannot be extended; staying longer requires a different visa.

Can you travel on a BVC, and can family be included?

No return travel. The BVC does not support return travel to Australia, it ceases on departure, and the department states it cannot grant a Bridging visa B to a BVC holder for travel while the substantive application is processed. If you leave and hold no other visa that allows you to return, returning after departure requires being granted a substantive visa, and there is no guarantee one will be granted.

Family members are handled through the substantive application. If the family applied together for the substantive visa in Australia, they may already hold BVCs; if the BVC is applied for separately, members of the family unit can be included where they are included in the substantive visa application. Each member is assessed individually, and the Migration Regulations 1994 set no secondary criteria for the subclass — every applicant must satisfy the primary criteria.

Frequently Asked Questions

Can I get a Bridging visa C if I still hold a substantive visa?

No — not on the initial or replacement pathways. Both 030.212(2) and (2A) require that the applicant does not hold a substantive visa, and the department's page frames the whole subclass around people who applied for a substantive visa without already holding one. Holding a substantive visa at the relevant time is a common reason a BVC is not granted.

Why does holding a Bridging visa E block a BVC?

Because 030.211 is a gateway to all of 030.212: the applicant must not hold a BVE and must not have held one since last holding a substantive visa. The bar is historical as well as current, so a past BVE after the last substantive visa disqualifies the applicant even if no BVE is held today.

Can I work on the first BVC I am granted?

Only if the substantive visa applied for is one of the listed subclasses the department names, which include the 132, 186, 187, 188, 189, 190, 489, 491, 494 and 888 visas. Otherwise the initial BVC carries a no-work condition, and work rights have to be sought through a further BVC supported by demonstrated financial hardship.

How long do I have after a refusal before my BVC ceases?

For a BVC granted on or after 19 November 2016, it ceases 35 calendar days after the refusal decision or AAT decision, an invalidity determination, or a withdrawal of the substantive application or AAT review. Where a judicial review body upholds the refusal, or the judicial review application is withdrawn, the period is 28 calendar days.

Can I leave Australia and return on a BVC?

No. A BVC in effect ceases on departure, it does not support return travel, and a Bridging visa B cannot be granted to a BVC holder for travel while the substantive application is processed. If you hold no other visa that allows you to return, returning requires being granted a substantive visa, which is not guaranteed.

Do family members get a BVC automatically with me?

Only if they were part of the same substantive visa application and the BVC application covered them. Where the BVC is applied for separately, members of the family unit can be included if they are included in the substantive visa application, and each person's entitlement is assessed individually — the subclass has no secondary criteria, so every applicant must meet the primary criteria.