A Bridging Visa E (BVE) allows individuals to remain in Australia while awaiting an immigration decision or finalising departure plans. However, visa holders must comply with strict conditions, including signing the Code of Behaviour.

Failure to follow the Code of Behaviour can result in visa cancellation, detention, or deportation. This guide provides an overview of the Bridging Visa E, its compliance requirements, potential legal consequences, and available resources for visa holders.

What is a Bridging Visa E (BVE)?

A Bridging Visa E is a temporary visa granted to individuals who:

• Are awaiting an immigration decision
• Are in the process of finalising an immigration application
• Need time to make arrangements to leave Australia

Bridging Visa E holders must adhere to the conditions of their visa and comply with Australian laws. If you are unsure about your visa status, you can:

• Contact the Department of Home Affairs
• Consult your caseworker
• Seek assistance from an immigration lawyer

More details are available on the Department of Home Affairs website.

Code of Behaviour: Compliance and Conduct Expectations

Obligations Under the Code

To obtain or renew a Bridging Visa E, applicants must sign the Code of Behaviour for Subclass 050 Bridging (General) visa holders (Form 1443). You can access and search for this document on the Immigration and citizenship page of the Department of Home Affairs website.

By signing this code, visa holders agree to:

• Follow Australian laws
• Treat others with respect
• Comply with Department of Home Affairs instructions, including attending scheduled appointments

Prohibited Conduct

All Bridging Visa E holders must adhere to Australian laws and additional behavioural expectations, including avoiding:

• Criminal behaviour, such as dangerous driving, property damage, or acts of violence
• Family violence or causing harm to others
• Harassment, intimidation, or bullying
• Failure to comply with Department of Home Affairs directives, such as missing appointments

Even if an action does not constitute a criminal offense, the Department of Home Affairs may still consider it a breach of the Code of Behaviour if it causes harm or distress to others.

Failure to Sign the Code of Behaviour

If an applicant refuses to sign the Code of Behaviour, they will be denied a Bridging Visa E. This can result in being classified as unlawfully present in Australia and lead to immigration detention or deportation.

Understanding Australian Laws

Being unfamiliar with Australian laws is not an acceptable excuse for non-compliance. It is the responsibility of visa holders to be aware of legal obligations.

To access legal information in Victoria, you can:

• Visit and use online legal resources such as Victoria Legal Aid
• Seek assistance from an immigration lawyer or a community legal centre

Consequences of Violating the Code of Behaviour

If the Department of Home Affairs determines that a visa holder has violated the Code of Behaviour, they may:

• Issue a formal warning
• Modify visa conditions
• Reduce or revoke financial support
• Require attendance at a Department of Home Affairs meeting
• Serve a Notice of Intention to Consider Cancelling Your Visa

If you receive any of these notices, act immediately by seeking legal advice to protect your rights and visa status.

Visa Cancellation and Appeal Rights

If your Bridging Visa E is cancelled, you will receive formal notification from the Department of Home Affairs. Consequences of cancellation include:

• Immigration detention
• Ineligibility for another Bridging Visa
• Deportation from Australia

However, you may have the right to appeal. Appeals must be lodged within two working days, so it is crucial to obtain legal assistance immediately.

For more details on appealing a visa cancellation, visit the Administrative Appeals Tribunal (AAT).

Eligibility for Legal Assistance

You may qualify for free legal assistance if:

• You have received a Notice of Intention to Cancel Your Visa
• You have been involved in police or legal matters
• Your visa is expiring soon and you have a prior legal history
• You suspect that your visa status may be at risk

Key Legislation

The key laws governing Bridging Visa E holders and the Code of Behaviour include:

1. Migration Act 1958: Establishes the framework for visa issuance, cancellation, and immigration enforcement. It grants the Department of Home Affairs authority to regulate non-citizens, including those on Bridging Visa E.
2. Migration Regulations 1994: Defines visa conditions, requirements, and compliance rules, outlining procedural guidelines for applications and cancellations.

Resources and Support

1. Victoria Legal Aid: Provides free legal services, advice, and representation for eligible individuals facing immigration issues.
2. Refugee Legal: Offers specialised legal support for refugees, asylum seekers, and migrants, including visa appeals and compliance assistance.
3. Asylum Seeker Resource Centre (ASRC): Provides community-based legal aid, housing support, and immigration guidance for asylum seekers.

Conclusion

Ensuring compliance with the Code of Behaviour is crucial for maintaining your Bridging Visa E and avoiding visa cancellation. If you are facing visa issues, have received a Department of Home Affairs notice, or are concerned about your legal status, take action immediately.

If you require expert legal representation, Pentana Stanton Lawyers is here to assist. Our experienced immigration lawyers can help you understand your rights, appeal decisions, and ensure you meet all compliance requirements.

Contact us today for trusted legal advice and strong representation.