How Do You Stay Lawful in Australia While Subclass 151 Is Decided in 2026?
How bridging visas A and B keep you lawful in Australia while a Former Resident (subclass 151) application is decided.
If you lodged your Former Resident visa (subclass 151) application in Australia while you held a substantive visa, you were granted a Bridging visa A (BVA) at the same time. That BVA sits behind your current visa and starts when your current visa expires, so you remain lawful while the Department of Home Affairs decides your case. This comes from the "Stay lawful" section of the Department of Home Affairs' official Former Resident visa (subclass 151) page, as at the August 2026 version of that page; the grant-location rules also appear in clauses 151.411 and 151.412 of the Migration Regulations 1994. This article sets out general information about how those published rules fit together and is not advice on your own circumstances — for that, see the Department's current page or speak to someone qualified to advise you.
What does "staying lawful" mean while your application is pending?
It means holding some valid visa on every day you are in Australia. The Department's position is direct: if you are in Australia, you must stay lawful by holding a valid visa while your subclass 151 application is processed.
For most onshore applicants that is a two-stage arrangement. Your current substantive visa runs first, and the BVA granted with your application starts when that visa expires. You can then stay in Australia on the BVA while the new application is being processed.
This matters because a subclass 151 application is not quick to put together and cannot be lodged online or in person — it is a paper application on Form 47SV, lodged with the Department's Sydney office. People often spend weeks gathering long-residence evidence, and their existing visa can expire during that period.
Do you get a bridging visa A automatically, and when does it start?
You get the BVA if you held a substantive visa at the moment you applied. You do not have to ask for it separately, and you do not have to wait for a letter for it to exist.
Timing is the part people get wrong:
| Situation | What covers you |
|---|---|
| You applied while holding a substantive visa | BVA granted with the application; starts when that visa expires |
| Your current visa is still valid | Your current visa; the BVA is waiting behind it |
| Your current visa expires before the decision | BVA starts and keeps you lawful during processing |
| You cancelled your current visa | Unlawful; no BVA and no BVB eligibility |
So the BVA is not a back-up you switch on. It is already granted, and it simply comes into force on the day your substantive visa ends.
Why is cancelling your current visa the one thing not to do?
The Department's warning is unusually explicit: do not cancel your current visa. If you do, three things follow at once — you will be in Australia unlawfully, you will not be eligible for a Bridging visa A, and you will not be eligible for a Bridging visa B.
The second and third points are the ones that surprise people. Cancelling does not tidy things up or hand you over to the bridging visa. It removes the very thing the BVA is attached to, and it also removes access to BVB, which is the bridging visa that lets you leave and re-enter Australia while the application is finalised.
Assume an applicant cancels a student or visitor visa a month before it was due to expire, expecting to move onto a bridging visa. On the published rules, the cancellation does the opposite: it creates a period of unlawful stay and closes off both bridging visa options.
What if you need to travel while the application is decided?
If you applied in Australia, the Department asks you to tell it if you want to travel outside Australia during processing. The reason is the grant rule: an onshore application cannot be granted while you are outside Australia. If you leave, you need a valid visa to return.
That is where BVB comes in. BVB is the bridging visa that allows you to leave and re-enter Australia until the subclass 151 application is finalised — and, as above, cancelling your current visa makes you ineligible for it.
The mirror image applies if you applied from outside Australia. Do not arrange travel to Australia until the Department tells you in writing that the visa is granted, because an offshore application cannot be granted while you are in Australia.
Can you manage any of this in ImmiAccount?
Yes, and it is worth doing. After your paper application is submitted, you can import it into ImmiAccount once you receive your acknowledgement letter, using your application ID, date of birth and identity document number.
Once imported, you can attach supporting documents, view messages, update your details, check your application status, apply for a bridging visa, and withdraw the application. The Department does not acknowledge receipt of documents sent after lodgement, so uploading through ImmiAccount is the more traceable route when you are juggling visa expiry dates.
What happens at decision time?
The Department notifies the decision in writing. If the visa is granted, you are told your visa grant number, the start date of the visa and any visa conditions, and you should keep a copy of the decision with you while in Australia. If it is refused, you are told why and whether you have a right to seek review of the decision; the application charge is not refunded on refusal.
Subclass 151 also carries the location rule mentioned earlier: if you applied in Australia you must be in Australia when the decision is made, and if you applied outside Australia you must be outside. Staying lawful and staying in the right place are two separate requirements, and meeting one does not excuse the other.
Frequently Asked Questions
Do I automatically get a bridging visa when I lodge subclass 151 in Australia?
Yes, if you held a substantive visa when you applied — the Department states you were granted a Bridging visa A at that point. There is no separate application needed for the grant itself, though ImmiAccount does allow you to apply for a bridging visa later if your circumstances need one.
When does my BVA actually start?
The BVA starts when your current substantive visa expires, not on the day you lodge. Until then your existing visa is what keeps you lawful, with the BVA waiting behind it.
What happens if I cancel my current visa while my application is pending?
You become unlawful in Australia, and you lose eligibility for both Bridging visa A and Bridging visa B. Because BVB is the visa that allows travel and re-entry while the application is finalised, cancelling also takes away your ability to travel and come back.
Can I travel overseas while my subclass 151 application is being processed?
You can, but tell the Department first, and make sure you hold a visa that lets you return. The visa cannot be granted while you are outside Australia if you applied onshore, so being stuck offshore at decision time is the real risk.
I applied from outside Australia — do I get a bridging visa?
No bridging visa is involved in that case. The rule is that you should not travel to Australia until the Department tells you in writing that the visa has been granted, because the visa cannot be granted while you are in Australia.
Does being on a BVA guarantee my subclass 151 will be granted?
No. A BVA only maintains your lawful status while the application is decided; it says nothing about the outcome. If the application is refused, you will be told the reasons and whether you have review rights.