Grounds for a Bridging E subclass 050 visa in 2026: the full clause 050.212 list
Clause 050.212 is a closed list of grounds for a Bridging E (subclass 050) visa — here is every subclause in plain English.
There is no general hardship ground for a Bridging E (subclass 050) visa. You qualify only if you meet one named subclause of clause 050.212 of the Migration Regulations 1994 — nothing outside that list can be substituted for it, and a sympathetic reason on its own does not create an entitlement. This article follows the text of the Migration Regulations 1994 as published by the Federal Register of Legislation (Subclass 050 — Bridging E General) and the Department of Home Affairs policy guidance (PAM3) that sits alongside it; the register is the controlling source and is updated over time, so check the current compiled text of any subclause before you rely on it. What follows is general information about how the regulation is written, not personalised advice — whether a ground applies to you depends on your own records and the official text.
What has to be satisfied before the 050.212 grounds even matter?
Clause 050.212 is not the first hurdle. Clause 050.211 controls who can apply at all, and it is narrow.
You must be one of the following:
- an unlawful non-citizen;
- the holder of a Bridging E (Class WE) visa;
- the holder of a Subclass 041 (Bridging (Non-applicant)) visa.
Certain kinds of eligible non-citizen are excluded — for example, some detained persons and some protection visa applicants. Two further limits apply regardless of which list you fall into: you must be in Australia, and you must not be in immigration clearance. A subclass 050 visa cannot be applied for or granted from outside the country.
So the structure is a two-part test. First, 050.211 decides whether you are the kind of person who can be considered. Second, 050.212 decides whether you have a recognised reason for being given a bridging visa at all.
What is the full clause 050.212 list, in plain English?
Clause 050.212(1) states the requirement in one sentence: "The applicant meets the requirements of subclause (2), (3), (3A), (4), (4AAA), (4AA), (4AB), (5), (5A), (5B), (6), (6AA), (6A), (7), (8) or (9)."
That is the whole list. One subclause is enough, and none of them is optional in the sense of being a softer alternative — you either fit one or you do not.
| Subclause | Plain English | What has to be on foot |
|---|---|---|
| 050.212(2) | Departure arrangements | You are making, or have already made, acceptable arrangements to leave Australia. |
| 050.212(3) | Waiting on a substantive visa | You have made a valid application for a substantive visa that is not finally determined — or the Minister is satisfied you will make one within the period specified. |
| 050.212(3A) | Judicial review of a refusal | A substantive visa was refused and judicial review has been applied for (by you or by the Minister), and that review is not finished. |
| 050.212(4) | Other review or appeal | Judicial review of a substantive visa decision that is not a refusal; an Administrative Review Tribunal (ART) appeal against a visa cancellation; an application to revoke a cancellation under s137K; an appeal against a decision under s137L not to revoke; or judicial review of the legal validity of something affecting visa eligibility. |
| 050.212(4AAA) | Citizenship or coverage | You are seeking a court declaration that the Migration Act does not apply to you, or judicial or administrative review of a decision under the Australian Citizenship Act 2007. |
| 050.212(4AA) | Family member in that review | You are a member of the family unit of the main applicant in a judicial review of the kind above, and your own substantive visa application was combined with theirs. |
| 050.212(4AB) | Family member in the citizenship matter | You are an immediate family member, or an under-18 sibling, of the person in the 050.212(4AAA) matter. |
| 050.212(5) | Consequential cancellation | Your visa was cancelled because another person's visa was cancelled, and that person has applied, or will apply, for review. |
| 050.212(5A) | Consequential s137J cancellation | Your visa was cancelled because another person's visa was cancelled under s137J, and that person has applied for revocation or has appealed. |
| 050.212(5B) | Ministerial intervention — s48B | You are caught by the s48A bar, you have asked the Minister to decide under s48B, and you have not sought that intervention before. |
| 050.212(6) | Ministerial intervention — s351 | You have asked the Minister for a more favourable decision under s351 (or the repealed s417) and have not sought that intervention before. |
| 050.212(6AA) | After a favourable Ministerial decision | The Minister has decided more favourably, but s85 currently prevents the substantive visa from being granted. |
| 050.212(6A) | Compelling need to work after that decision | You hold a bridging visa granted on (6AA), the Minister has decided more favourably, s85 still blocks the grant, and you have a compelling need to work. |
| 050.212(7) | Criminal detention | You are in criminal detention and no criminal justice stay order or arrest warrant is in force. |
| 050.212(8) | From no work rights to work rights | You hold a bridging visa carrying condition 8101 (no work) and you now have a compelling need to work. |
| 050.212(9) | Spouse visa refusal under review | Your spouse visa was refused, judicial review is on foot, and you do not meet the specific Bridging A criteria. |
Why is "must hit one" the part that decides most applications?
Because the list is closed, the analysis is not "how strong is my reason" but "which subclause names what is actually happening". The word "or" in 050.212(1) makes the grounds alternatives; the absence of any catch-all makes them exhaustive.
Three consequences follow from that shape:
- The ground must match the proceeding, not the hardship. Grounds are defined by what is formally on foot — an application, a review, an appeal, a Ministerial request, a departure arrangement. Needing more time, or being unable to leave, is not itself a subclause.
- The ground must still be true when the decision is made. Clause 050.221 requires you to keep satisfying 050.211 and 050.212 at the time of decision, not only when you lodged. If the review finishes, or the departure date passes, the ground can disappear mid-processing.
- Near-misses are refusals. A cancellation appeal under (4) is not the same as a refusal review under (3A). A pending Ministerial request under (6) is not the same as waiting after a favourable decision under (6AA). Choosing the adjacent subclause produces a decision that says the ground was not met — even where a different one would have fit.
Assume, for example, an applicant whose visa was cancelled because a family member's visa was cancelled under s137J. The cancellation is real and the review is genuinely on foot, but the subclause written for that situation is (5A), not (5) and not (4). Claiming (5) leaves the decision-maker unable to match the ground to the evidence.
A practical way to work backwards through it:
- Write down the one proceeding that is actually on foot.
- Find the subclause that names it in the table above.
- Confirm you also meet the identity test in 050.211.
- Collect the documents that prove that proceeding exists and is not finished.
- Re-read the subclause on the Federal Register of Legislation to check the current wording.
If I meet one ground, will the visa be granted?
Meeting 050.212 is necessary, not sufficient. Clauses 050.221 to 050.225 apply at the decision stage, and they are where a large share of refusals are actually made.
- 050.221 — you must continue to meet 050.211 and 050.212 at decision time.
- 050.222 — you must attend an interview with an authorised officer, unless an exception applies (for example, you already hold a bridging visa and are not seeking different conditions, an interview cannot be arranged, or you fall within the citizenship review categories).
- 050.223 — the Minister must be satisfied that, if a bridging visa is granted, you will abide by its conditions. The regulation puts it this way: "The Minister is satisfied that, if a bridging visa is granted to the applicant, the applicant will abide by the conditions (if any) imposed on it."
- 050.224 — if a security (bond) is required to secure compliance, it must be paid.
- 050.225 — if you are 18 or over and hold or have held a bridging visa granted under s195A, you must satisfy public interest criterion 4022.
Clause 050.223 is the one to take most seriously after the ground itself. A history of breaching visa conditions, an unresolved character issue, or a financial position that makes illegal work likely can all lead a decision-maker to conclude that conditions will not be observed. Nothing in the regulations sets a separate age, English, health or financial test for subclass 050, but those matters reach the decision through 050.223 and, in the s195A case, through PIC 4022.
What conditions can be attached, and can a ground give me work rights?
Common conditions include 8101 (no work), 8104 and 8116 (work limitations), 8201 and 8207 (study limits), 8303 (no disruptive activities), 8401 and 8402 (reporting), 8501 and 8511 (health insurance), 8505 and 8506 (address), 8507 (detention costs), 8508 (departure arrangements), 8509 (security), 8510 (identity), 8512 (departure ticket), 8548 (no further stay), and 8564 and 8566 (code of behaviour). Which ones are imposed depends on your circumstances and risk profile.
Only two grounds are built around work: 050.212(6A) and 050.212(8). Both require a compelling need to work, and even then a work limitation such as 8104 may be imposed rather than unrestricted permission. Where a no-work condition is already attached and no compelling need is established, 8101 generally stays.
How long does a subclass 050 visa last?
The visa is temporary and its length is tied to the process it supports. As a general pattern in the regulations: where you are waiting on a substantive visa decision, the visa usually runs to 35 days after that decision; where judicial review is on foot, to 28 days after the review proceedings end; where an administrative appeal is on foot, to 35 days after the appeal decision. For departure arrangements, the date is set by the Minister. Where the ground is criminal detention, the visa ceases on unconditional release, release on bail, completion of the sentence, or escape. Because these periods are set by the regulations and by the decision itself, treat the official text and your grant notice as controlling.
Frequently Asked Questions
Can I apply for subclass 050 if I already hold another bridging visa?
It depends on which one. Clause 050.211 names unlawful non-citizens, holders of a Bridging E (Class WE) visa, and holders of a Subclass 041 (Bridging (Non-applicant)) visa. If you hold some other bridging visa, the identity requirement may not be met, and you should check the current 050.211 text before lodging.
Do I have to keep meeting the ground after I apply?
Yes. Clause 050.221 requires you to satisfy 050.211 and 050.212 both when you apply and when the decision is made. If the review, appeal or departure arrangement ends while the application is being processed, the ground can lapse.
What if my situation does not fit any subclause?
Then the visa cannot be granted, because 050.212 is a closed list. The useful question is whether some formal step — a substantive visa application, a review, an appeal, a Ministerial request, or departure arrangements — can properly be started, since the grounds are defined by proceedings rather than by circumstances.
Can my family members be included in my application?
Subclass 050 has no separate secondary criteria; the regulations state "Secondary criteria: Nil". Every applicant, including a family member, must meet the primary criteria. Clauses 050.212(4AA) and (4AB) do cover family members in the judicial review and citizenship review categories, but they operate as grounds for that person's own application, not as a dependent pathway.
Will I have to attend an interview?
Usually yes, under clause 050.222. The exemptions are limited — for instance where you already hold a bridging visa and are not seeking different conditions, where an interview cannot be arranged, or where you fall within the citizenship review categories.
Can a subclass 050 visa give me permission to work?
Only through 050.212(6A) or 050.212(8), and both turn on a compelling need to work. Otherwise condition 8101 (no work) is commonly imposed, particularly where the ground is judicial review or Ministerial intervention.