If you are an unlawful non-citizen and you lodge a valid application for a substantive visa you will be granted a BVC. This applies if you have overstayed your visa and become unlawful, but have then lodged a valid application.
Important things to note about a BVC:
Travel rights
π You do not have any travel rights, so if you leave Australia you will not be able to return on this visa. You cannot apply for travel rights on a BVB while holding this visa so you cannot lawfully leave Australia (if you have an urgent need to travel you will need to contact your case officer).
π When you have applied for a substantive visa in Australia you might automatically have been granted a BVC β the Department will let you know if this is the case. If so then you will not need to fill out a separate form.
Work rights
π The initial BVC that is granted to you when you apply for your substantive visa will not allow you to work, unless the substantive visa you have applied for is one of the following SkillSelect visas:
β‘οΈ Business Talent visa (subclass 132)
β‘οΈ Business Innovation and Investment (Provisional) visa (subclass 188)
β‘οΈ Business Innovation and Investment (Permanent) visa (subclass 888)
β‘οΈ Employer Nomination Scheme visa (subclass 186)
β‘οΈ Regional Sponsored Migration Scheme visa (subclass 187)
β‘οΈ Skilled β Independent visa (subclass 189)
β‘οΈ Skilled β Nominated visa (subclass 190)
β‘οΈΒ Skilled β Regional (Provisional) visa (subclass 489).
π If your BVC does not let you work in Australia, you can apply for another BVC that lets you work. To be considered for a BVC that lets you work, you will usually have to demonstrate that you are in financial hardship.
Eligibility Requirements for BVC
π Applicant must be a non-citizen
π Applicant must be in Australia
π Applicant must not hold a substantive visa and the applicant has made the application for a substantive visa
π Applicant does not hold a BVE and has not held this visa since last holding a substantive visa