The Bridging Visa R (BVR), formally known as the Subclass 070 or Bridging (Removal Pending) visa, is one of the most restrictive visas in Australia’s migration framework. Unlike the bridging visas in Australia granted to people awaiting a visa decision (BVA, BVB, BVC, BVD, and BVE), the BVR is issued to individuals who are in immigration detention and cannot yet be removed from Australia.
This guide explains who receives a BVR, how it is granted, what conditions apply, and what changed after the landmark NZYQ v Minister for Immigration High Court ruling in 2023.
Last updated: April 2026
What Is the Bridging Visa R (Subclass 070)?
The Bridging Visa R exists because of a legal obligation under the Migration Act 1958: the Australian Government cannot hold a person in immigration detention indefinitely if their removal from Australia is not reasonably practicable. The BVR allows those individuals to live in the community while their removal situation is resolved.
Purpose and Who Receives a BVR
DHA (Department of Home Affairs) grants the Subclass 070 to unlawful non-citizens who meet all of the following:
- Are currently held in immigration detention
- Cannot be removed from Australia in the reasonably foreseeable future (for example, because their home country will not issue travel documents, or because no removal pathway exists)
- Do not pose an unacceptable risk to community safety, or are subject to a Community Safety Order
The typical BVR holder is a person whose substantive visa was cancelled on character grounds under Section 501 of the Migration Act 1958, or a person who has been found to have no lawful basis to remain but cannot be returned to their country of origin.
This visa is not issued to students, skilled workers, or partner visa applicants waiting for a decision, those cohorts receive Bridging Visa A (BVA) or Bridging Visa B (BVB) instead.
How the BVR Is Granted: Not an Application
The Bridging Visa R is not applied for in the conventional sense. DHA invites the person to be considered for the visa under Section 195A of the Migration Act 1958. The Minister for Immigration holds discretion to grant a BVR without the person submitting a formal visa application. Once an invitation is issued, the recipient has 7 days to accept the offer. Declining or failing to respond within that window means the invitation lapses.
Conditions Attached to the Bridging Visa R
The Subclass 070 carries some of the most restrictive visa conditions in the Australian migration system. These conditions were significantly expanded by the Migration Amendment (Bridging Visa Conditions) Bill 2023, which passed on 16 November 2023. For the NZYQ cohort (persons released as a direct result of the High Court ruling), DHA must impose between 19 and 20 specified conditions at the time of grant.
Mandatory Reporting and Notification Requirements
BVR holders are required to notify DHA of the following:
- Any planned interstate or overseas travel (see DHA’s guidance on travel on a bridging visa)
- Any change of residential address
- Membership of or association with any organisation
- Contact with any individual, group, or organisation involved in illegal activities
- Any receipt or transfer of funds exceeding AUD 10,000
Failure to comply with each of these reporting obligations is a potential criminal offence, not merely a visa breach.
Work Rights on a BVR
Work rights on the Bridging Visa R are determined by the specific conditions imposed at grant. In most cases, BVR holders have restricted or no work rights. Where work is permitted, BVR holders must obtain the Minister’s written approval before performing any work or activity that involves contact with minors or vulnerable persons. There is no automatic work entitlement attached to the Subclass 070 visa.
Electronic Monitoring: What Changed After November 2024
The original 2023 amendment regime included conditions requiring electronic monitoring devices (ankle bracelets) and curfew compliance. However, on 6 November 2024, the High Court of Australia ruled in a subsequent case that the electronic monitoring and curfew conditions imposed on BVR holders were constitutionally invalid, as they constituted the imposition of punishment without a criminal conviction. As of April 2026, per immi.homeaffairs.gov.au, electronic monitoring and curfew requirements are no longer enforceable conditions on Subclass 070 visas.
Penalties for Breaching BVR Conditions
Breaching conditions on the Bridging Visa R carries criminal penalties, not just visa cancellation. Under Section 76B of the Migration Act 1958, as amended in 2023:
- Failure to comply with a monitoring or reporting condition: maximum penalty of 5 years imprisonment or a fine of 300 penalty units, or both
- A mandatory minimum sentence of 1 year imprisonment applies to all convictions for condition breaches, regardless of severity
- Convictions may also result in automatic visa cancellation and re-detention
These penalties are significantly harsher than those applying to other bridging visa conditions and reflect the high-risk profile of the cohort the visa was designed for.
If you or someone you know is facing visa cancellation, immigration detention, or a removal order, speak with a registered migration agent before responding to any DHA communication. Book a consultation with RACC Indonesia for confidential advice from a MARA-registered consultant.
Key Legal Developments: NZYQ and the 2024 Amendments
The BVR framework was substantially reshaped by two events.
November 2023 — NZYQ v Minister for Immigration: The High Court of Australia ruled that indefinitely detaining a person for whom no real prospect of removal exists is unlawful under the Migration Act 1958. This decision led to the release of approximately 64 detainees from immigration detention, each of whom received a Subclass 070 visa. The government responded within days by passing the Migration Amendment (Bridging Visa Conditions) Bill 2023, which introduced the strict mandatory conditions described above.
November 2024 — Electronic Monitoring Struck Down: A further High Court challenge found that mandatory electronic monitoring and curfew conditions constituted the imposition of criminal punishment by the Executive rather than the courts. The court struck these conditions down as constitutionally invalid. DHA subsequently revised the condition framework for the BVR cohort, though the remaining 17 to 18 reporting and notification conditions remain in force as of April 2026.
How RACC Indonesia Can Help You
The Bridging Visa R sits at the intersection of migration law and criminal law, and the consequences of non-compliance are severe. If you are an Indonesian national whose visa has been cancelled, who is facing removal from Australia, or who has a family member in immigration detention, getting accurate advice from a registered migration agent is critical before engaging with DHA.
RACC (MARN 1572961) is a registered migration and education consulting company with over 20 years of experience. Our consultants are registered with MARA (Migration Agents Registration Authority) and are authorised to provide migration advice under Australian law. We can assess your situation, explain your options, and represent you in dealings with the Department of Home Affairs.
The information in this article is general in nature and does not constitute migration advice for your specific circumstances. For personalised guidance, speak with a MARA-registered consultant.
Book a consultation with RACC Indonesia
Frequently Asked Questions (FAQ)
What is the Bridging Visa R (Subclass 070) used for?
The Bridging Visa R allows people released from immigration detention to remain lawfully in the Australian community while their removal is being arranged. It is granted to unlawful non-citizens who cannot be removed from Australia in the foreseeable future, such as when their home country refuses to issue travel documents or no removal pathway is available.
Can you apply for a Bridging Visa R?
No. The Subclass 070 is not a visa you apply for. DHA grants it at the Minister’s discretion under Section 195A of the Migration Act 1958. The person receives an invitation and has 7 days to accept. If they do not accept within that window, the invitation lapses and they may remain in detention.
Can you work on a Bridging Visa R?
Work rights on the BVR depend on the specific conditions imposed at grant. Most Subclass 070 holders have restricted work entitlements. Any work involving contact with minors or vulnerable persons requires the Minister’s prior written approval. There is no automatic right to work attached to the Bridging Visa R.
What happens if you breach Bridging Visa R conditions?
Breaching a BVR condition is a criminal offence under Section 76B of the Migration Act 1958. The maximum penalty is 5 years imprisonment or a 300 penalty unit fine, with a mandatory minimum of 1 year imprisonment for all convictions. Conviction also typically results in visa cancellation and return to detention.
How long can you stay in Australia on a Bridging Visa R?
The Subclass 070 does not have a fixed expiry date. It remains valid until the holder’s removal from Australia becomes practicable and is carried out, or until DHA cancels the visa. In practice, some BVR holders remain on the visa indefinitely because their removal is not achievable.
