Immigration Law

How Long Can I Stay After My Visa Refusal on a Bridging Visa A in 2026 — 35 Days or 28 Days?

Whether you get 35 days or 28 days after a visa refusal on a Bridging visa A depends on when your BVA was granted and which decision ends it.

General information only. This guide explains how Australian law usually works. It is not legal advice. For a decision with real consequences, speak to a licensed Australian lawyer.

Most people asking this question are in the same position: a refusal letter has arrived, a Bridging visa A (BVA, Subclass 010) is holding their lawful status, and two numbers keep coming up. On the Australian Department of Home Affairs' official Bridging visa A (BVA) (Subclass 010) page (as at August 2026), the answer turns on two things — the date your BVA was granted, and which decision ended it. For a BVA granted on or after 19 November 2016, a refusal of the associated substantive visa gives you 35 calendar days; the 28-day figure applies to BVAs granted before that date, and to the point where a judicial review concludes. Whichever applies, the page directs you to VEVO to see the exact date your visa ceases after you have been notified of the outcome.

So is it 35 days or 28 days for me?

Both numbers are real, and they are not alternatives you get to choose between. The Department's page splits Bridging visa A holders into two cohorts by grant date, and the day count follows from that.

What ends the BVA BVA granted on or after 19 November 2016 BVA granted before 19 November 2016
Department refuses the substantive visa 35 calendar days 28 days
AAT decision on the associated substantive visa application 35 calendar days 28 days (tribunal upholds the refusal)
Application, or application for AAT review, found invalid 35 calendar days 28 days (notified the application is not valid)
You withdraw the substantive visa application or AAT review 35 calendar days 28 days
Tribunal says it has no jurisdiction Listed as an outcome that ends the BVA; the page gives no day count for the post-2016 cohort 28 days
A judicial review body upholds the refusal 28 calendar days 28 days
You withdraw a judicial review application 28 calendar days 28 days

If you are not sure which cohort you fall into, the grant date is the dividing line, and it is worth checking before you plan around either number.

What actually starts the 35-day clock?

For the 2016-onwards cohort, 35 calendar days runs from the decision or event itself, not from a later step. The triggers set out on the page are:

  • the Department's refusal decision, or a decision by the Administrative Appeals Tribunal (AAT), in relation to your associated substantive visa application
  • a determination that your substantive visa application, or an application for review by the AAT, is invalid
  • your withdrawal of the substantive visa application or of the AAT review application

"Calendar days" matters here: weekends and public holidays count, and so does any day you spend waiting on a decision about what to do next.

When does the 28-day clock apply instead?

Two situations pull you back to 28 days even if your BVA was granted recently: a judicial review body upholds the decision to refuse your substantive visa application, and you withdraw a related judicial review application. Both are 28 calendar days under the post-2016 rules.

The other route to 28 days is simply holding an older BVA. For a BVA granted before 19 November 2016, the page sets 28 days for every trigger it lists — notification that the application is not valid, notification of refusal, withdrawal of the substantive application, a merits review tribunal upholding the refusal, a no-jurisdiction notice, withdrawal of a merits or judicial review application, and a judicial review body upholding the refusal.

Note the wording difference between the two cohorts: the post-2016 counts are framed around the decision or event, while the pre-2016 counts are framed around the date you are notified of it. Either way, the page's instruction is the same — once you have been notified of an outcome, VEVO shows exactly how long you can stay.

Does the countdown start when I read the letter?

This is where people lose days without realising it. For a BVA granted on or after 19 November 2016, the page runs the count from the decision, determination or withdrawal itself rather than from the date you happen to read about it, and then points you to VEVO for the resulting cease date. For a BVA granted before that date the page frames the 28 days as running from the date you are notified, so notification is the start of that clock, not something that resets it.

One nuance worth knowing: the Department's page does not deal with defective notification, but the PAM3 procedural guidance notes that where notification is defective a bridging visa may not cease as expected and re-notification may be required. That is a reason to check what VEVO actually records rather than counting from a date you assume.

What ends a BVA immediately, with no countdown at all?

Some events bypass the 35 or 28 days entirely. A BVA ends immediately if:

  • you leave Australia while the BVA is in effect
  • you are granted the substantive visa you applied for
  • you are granted another bridging visa (such as a BVB) in relation to the same substantive visa application
  • the Department cancels your BVA, or the substantive visa you held when the BVA was granted

Departure is the one that catches people out. A BVA that is in effect ceases on departure from Australia, and you cannot return on it; travel and return during processing requires a Bridging visa B (BVB) granted before you leave.

What if I'm moving to judicial review?

Suppose an applicant's AAT review ends with the refusal upheld. The BVA they held for the review stage runs its 35 days from the AAT decision. Staying lawful through the judicial review itself is a separate question: the Department's page states that if a merits review tribunal upholds the refusal and you apply for judicial review, you need to apply for a bridging visa to maintain lawful status during those proceedings, and that a judicial-review-related bridging visa can only be applied for by webform.

Under the Migration Regulations 1994, the judicial review pathway also carries its own conditions — the review must have been applied for within the statutory time limit, and the applicant holds a BVA or BVB at the time of that application. The 35-day figure and the judicial review time limit are easy to confuse, but they are different clocks doing different jobs.

Can I extend the 35 days, or get more time somehow?

No. The page is explicit that you cannot stay longer by extending a Bridging visa A; you must apply for a new visa if you wish to stay longer. A fresh BVA in the same stream is not a mechanism for adding weeks to the countdown.

Do my partner and children get the same end date?

Family members who applied together with you for the substantive visa may also hold a BVA from that same application, so the same outcome and the same count apply to them. The page advises checking in VEVO whether family members already hold a BVA, since each family member's circumstances can be assessed separately where applications are made separately. In practice, that means checking each person's record rather than assuming one end date covers the household.

How do I confirm my actual last day?

VEVO is the reference point the Department's page returns to at every step — after an outcome is notified, for checking whether you hold a BVA, for your conditions, and for whether a BVA is in effect. Your cease date as recorded there is what airports, employers, and future visa applications will work from.

One plain caveat: this article explains how the published rules are framed and is general information only. It is not advice about your own case, and it cannot tell you which cohort you are in or what your record shows; where your dates are tight or a notification looks irregular, treat the official record and the Department's latest published guidance as authoritative and get help from a qualified migration professional.

Frequently Asked Questions

Is it 35 days or 28 days after a refusal on a Bridging visa A?

For a BVA granted on or after 19 November 2016, it is 35 calendar days from the refusal decision; for a BVA granted before that date, it is 28 days. The 28-day count also applies where a judicial review body upholds the refusal or you withdraw a judicial review application.

Does the countdown start from the date of the decision or the date I received the letter?

The post-2016 counts run from the decision, determination, or withdrawal itself, while the pre-2016 counts are expressed by reference to notification of those events. The Department's page directs you to VEVO for the exact cease date once you have been notified.

What if the AAT upholds the refusal rather than the Department refusing me directly?

An AAT decision in relation to your associated substantive visa application is treated the same as the Department's refusal: 35 calendar days for a BVA granted on or after 19 November 2016, and 28 days for an earlier BVA.

I have applied for judicial review — do I still only have 35 days?

The 35 days runs from the AAT decision on the BVA you already hold. Staying lawful through the judicial review requires its own bridging visa application, which for judicial review can only be made by webform.

Can I leave Australia during the 35 days and come back?

No. A BVA that is in effect ceases as soon as you depart Australia, and it does not support return travel. You would need a BVB granted before leaving if you want to travel and return while a substantive application is under consideration.

What happens if I stay past the day my BVA ceases?

Once the BVA ceases, you no longer hold a lawful visa, and the page's only stated route to staying longer is applying for a new visa — a BVA cannot be extended. Check your VEVO record rather than relying on a date you have calculated yourself.

References

Common questions

Do I need a lawyer or a migration agent?+
Many visa applications are lodged directly. A registered migration agent or immigration lawyer helps with complex or refused matters.
What is a Section 48 bar?+
It limits the visas you can apply for while unlawfully in Australia after a refusal or cancellation. A professional can map your options.
Can I appeal a refused visa?+
Often yes — the Administrative Appeals Tribunal reviews many decisions, but strict time limits apply.
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