Can I Get a Bridging Visa C While My Judicial Review Is Pending? (2026 Guide)
Yes — you can hold a Bridging visa C (BVC) (Subclass 030) while your judicial review is pending, but it is not granted automatically and you must apply for it yourself. As of August 2026, the Australian Department of Home Affairs' official Bridging visa C (BVC) (Subclass 030) page states that when a merits review tribunal upholds a refusal and you apply for judicial review, you need to apply for a bridging visa to maintain lawful status, and that if you have applied for judicial review you can only apply for a bridging visa by webform. The visa itself is free, and you must be in Australia both when you apply and when it is granted.
Who qualifies for a BVC during judicial review?
The Department lists the common eligibility criteria for the subclass, and they are narrow:
- You must have made a valid application for a substantive visa in Australia that has not been finally determined, or you have applied for judicial review of a decision relating to that substantive visa application within the prescribed timeframe, the proceedings are not complete, and you previously held a BVC in relation to that substantive visa application.
- You must not hold a Bridging visa E (BVE), and you must not have held a BVE since you last held a substantive visa.
- When you lodged the substantive visa application, you must not have held a substantive visa.
- You must be in Australia when you apply.
- There is no age limit, and you must meet the Department's character requirement.
The full criteria sit in Schedule 2 of the Migration Regulations 1994, so the checklist above is a summary rather than the test itself.
Why is a webform the only route?
Because a judicial-review bridging visa is one of the situations where a separate application is necessary. The Department's page says a separate BVC application might be needed where you are seeking a further BVC without work restrictions, or where you have applied for judicial review. Nearly all other bridging visas are applied for automatically as part of a substantive visa application; that automatic link does not carry you through judicial review.
Two consequences follow. First, nothing keeps you lawful by default while the court or tribunal process runs — lawful status depends on the new BVC being granted. Second, timing matters: the judicial review must have been lodged within the prescribed timeframe, and the Department's procedural guidance for subclass 030 describes that timeframe as 35 days, a figure that should be checked against the current official publication before you rely on it. The regulations also require that you held a BVC when the judicial review was applied for. If your BVC had already ceased, or if you are only seeking an extension of time to lodge judicial review, the subclass 030 criteria are not met, and these readings of the regulations and departmental guidance should be confirmed against the latest official publication.
Will the new BVC let you work?
Usually not. Work rights on a judicial-review BVC depend on which category you fall into, and the rules are tighter than for the BVC you held while the substantive application was being decided.
| Your situation | Work rights on a judicial-review BVC |
|---|---|
| Not a Protection visa applicant and not a SkillSelect visa applicant | A new BVC that does not allow work will be granted, even if your last BVC allowed you to work |
| Protection visa applicant | Work is only permitted if the last BVC you held allowed you to work |
| SkillSelect visa applicant | The visa will not initially allow work; you need a further BVC application and must demonstrate financial hardship |
| BVC granted with the substantive application for subclasses 132, 186, 187, 188, 189, 190, 489, 491, 494 or 888 | The initial BVC permits work — but the judicial-review rules above apply to any new BVC |
The general rule elsewhere on the page is that if your BVC does not let you work, or restricts work, you can apply for another BVC that lets you work by demonstrating financial hardship. The Department assesses that claim, and if you do not meet the work requirements but are still eligible for a BVC, you are granted a new BVC carrying the same work prevention or restriction condition as your previous one. For non-Protection, non-SkillSelect judicial-review applicants, however, the Department states plainly that only a no-work BVC will be granted.
Assume an applicant whose earlier BVC permitted work because their substantive application was for a subclass 190 visa: on a judicial-review BVC they fall into the SkillSelect group, so the new visa will not initially allow work, and any work permission depends on a separate application supported by financial hardship evidence. These outcomes turn on your exact visa history, and this article is general information only rather than advice on your individual case — rely on the official page or a qualified professional where your lawful status is at stake.
How long does a judicial-review BVC last, and what ends it?
A BVC granted on or after 19 November 2016 ceases 28 calendar days after a judicial review body upholds the decision to refuse your substantive visa application, or 28 days after you withdraw a related judicial review application. The same rules cease the visa 35 calendar days after the Department's refusal decision or an Administrative Appeals Tribunal decision on the associated substantive application, after a determination that the application or AAT review is invalid, or after you withdraw the substantive application or the AAT review.
Separately, a BVC ends immediately if you leave Australia while it is in effect, if you are granted the substantive visa you applied for, if you are granted another bridging visa in relation to the same substantive visa application, or if the Department cancels your BVC or the substantive visa you held when the BVC was granted. A BVC granted in association with judicial proceedings generally lets you stay until those proceedings are complete. After any outcome notice, the exact date you must leave is shown in VEVO, and you cannot extend a BVC — staying longer means applying for a new visa.
What about travel and family members?
A BVC does not support return travel. If you leave Australia while it is in effect, the visa ceases on departure and you cannot come back on it, and the Department cannot grant you a Bridging visa B (BVB) while you hold a BVC. Returning would require being granted another visa that permits travel, with no guarantee of that outcome.
Family members can be included in a separately lodged BVC application if they are included in your substantive visa application, and the Department assesses each member of the family unit and decides which bridging visa they can be granted. Whether family members already hold a BVC can be checked in VEVO.
Frequently Asked Questions
Can I get a Bridging visa C while my judicial review is pending?
Yes, if you meet the subclass 030 criteria: the judicial review was lodged within the prescribed timeframe, the proceedings are not finished, and you previously held a BVC tied to that substantive visa application. You must apply for it — it is not granted automatically.
Why can I only apply by webform?
The Department of Home Affairs states that if you have applied for judicial review, you can only apply for a bridging visa by webform, because judicial review is one of the situations requiring a separate BVC application rather than the automatic grant that accompanies a substantive visa application.
Will my judicial-review BVC let me keep working?
If you are neither a Protection visa nor a SkillSelect applicant, the Department grants only a new BVC that does not allow work, even if your previous BVC allowed it. Protection visa applicants can work only if their last BVC allowed work, and SkillSelect applicants are not granted work initially and must make a further application showing financial hardship.
How long do I have after the judicial review ends?
A BVC granted on or after 19 November 2016 ceases 28 calendar days after the judicial review body upholds the refusal, or 28 days after you withdraw the judicial review application. Check VEVO after the outcome notice for your exact date.
Can I travel overseas on a BVC during judicial review?
No. A BVC does not support return travel, it ceases as soon as you depart Australia while in effect, and the Department cannot grant you a Bridging visa B while you hold a BVC.
Can I include my family in the application?
Yes, if they are members of the family unit included in your substantive visa application. Each person is assessed separately, and the Department decides which bridging visa each of them can be granted.
Is there a fee for this visa?
No. The Bridging visa C (Subclass 030) is listed as free on the Department of Home Affairs' official page.