No Bridging Visa for Subclass 115: Overstaying Risks in 2026
Answers whether a Subclass 115 applicant can get a bridging visa and the consequences of overstaying in 2026.
If you are waiting on a Remaining Relative visa (Subclass 115) and your other Australian visa is about to end, the short answer is that you cannot rely on a bridging visa to stay in Australia. According to the Australian Department of Home Affairs’ Remaining Relative visa (Subclass 115) official page: if you travel to Australia on a different visa and that visa ends, you can’t get a bridging visa to stay in Australia. You must also be outside Australia when the Department makes its decision. This article is general information only and not personalised professional advice, so your own position should be checked against the Department’s current official guidance or with a qualified professional.
Can you get a bridging visa while your Subclass 115 application is being processed?
No bridging visa is available to keep you in Australia while the Department decides a Subclass 115 application. The Subclass 115 is an offshore permanent visa: the official page states you must apply on paper and you must be outside Australia when you apply. It repeats the offshore requirement at the decision stage — “You must be outside Australia when we decide on your application.”
The same page lists “apply for a Bridging Visa (BV)” among the online services available after you import a paper application into ImmiAccount. That generic ImmiAccount function does not change the visa’s own rule. The “Stay lawful” instruction on the official page says clearly: if you travel to Australia on a different visa and that visa ends, you can’t get a bridging visa to stay in Australia. The page also tells applicants not to arrange travel to Australia until the Department has let them know, in writing, that the visa has been granted.
What happens if your other visa ends and you stay in Australia?
Assume an applicant enters Australia on a visitor visa while their Subclass 115 application is pending. When the visitor visa expires, the official position is that they cannot be granted a bridging visa to remain, and they must be outside Australia when the 115 decision is made. If they stay anyway, they are in Australia without a lawful visa, and they are also not outside Australia for the decision — so the 115 cannot be granted in the way the rules require.
The consequences go beyond the immediate decision. Under the criteria for Subclass 115 set out in the Migration Regulations 1994 and the Department’s procedures, an applicant who has visited Australia must satisfy special return criteria (SRC 5001 and 5002). SRC 5002 requires that the applicant has not been an unlawful non-citizen in Australia and has not breached visa conditions. An overstay is therefore capable of putting the application itself at risk, because it may mean the applicant does not meet SRC 5002 at the time of decision. Family members included in the application also have to meet relevant public interest and special return standards. Because these points come from the regulations and procedures, check the official current version of the law for the exact wording and how the criteria apply.
How does an overstay affect later visa applications?
An overstay becomes part of your migration record. For the current Subclass 115, the practical effects are that you must be outside Australia at decision, and a period of unlawful stay can be assessed under special return criteria that ask whether you have previously been an unlawful non-citizen or failed to comply with visa conditions.
For any later Australian visa application, the effect depends on the criteria of that visa and the Department’s assessment of your history. Whether any exclusion period applies to a later application depends on that visa’s own criteria and the Department’s assessment of your migration history, so check the current criteria for the visa you later apply for. In general terms, a recorded unlawful stay can make it harder to satisfy criteria that require you to have complied with visa conditions and not remained in Australia unlawfully.
What does “stay lawful” mean for a Subclass 115 applicant?
It means you should not remain in Australia after your other visa ends, and you should not travel to Australia expecting to wait onshore for the outcome. The Department’s page says do not arrange to travel to Australia until it lets you know, in writing, that the visa has been granted. The lawful position is to be outside Australia when the application is decided, which is also when the visa, if granted, can be finalised.
If your circumstances have already changed — for example, your address, passport, marital status or family composition — the official page lists these as matters to tell the Department about after you apply. That is separate from the no-bridging-visa rule, but it reinforces that the application is managed from outside Australia while it is pending.
Frequently Asked Questions
Can I get a bridging visa to stay in Australia while my Subclass 115 is decided?
No. The official page states that if you travel to Australia on a different visa and that visa ends, you can’t get a bridging visa to stay in Australia. You must be outside Australia when the Department decides the application.
What happens if I overstay after my visitor visa ends while my 115 is pending?
You would be in Australia without a lawful visa, and you also would not be outside Australia for the decision. Because the visa must be decided while you are outside Australia, remaining onshore means the grant cannot be made as required, and no bridging visa is available to cover the gap.
Does an overstay affect the Subclass 115 application itself?
Yes, it can. Where the applicant has visited Australia, the criteria include special return criteria, and SRC 5002 requires that the applicant has not been an unlawful non-citizen or breached visa conditions. Confirm the exact criteria against the official current version of the Migration Regulations 1994.
Will overstaying now affect a future Australian visa application?
The overstay is recorded and may be considered in later applications, depending on that visa’s own criteria and the Department’s assessment. Whether any exclusion period applies depends on the later visa’s own criteria and the Department’s assessment, so check the current criteria for that visa rather than assuming one result.
Do I need to be outside Australia when the 115 visa is granted?
Yes. The official page states you must be outside Australia when the application is decided and when the visa outcome is given. If you are in Australia at that time, the decision cannot be made in the way the rules require.
Is the Subclass 115 an onshore or offshore visa?
It is an offshore visa. You must apply on paper while outside Australia, and you must be outside Australia when the decision is made. This offshore character is why a bridging visa to remain in Australia is not available for the purpose of waiting for the outcome.