Working rights for bridging visa holders

Bridging Visas are temporary visas which allow a person to remain in Australia lawfully for a certain period of time.

Temporary visas allow people to remain in Australia for a limited period. When a temporary visa is close to expiring, a visa holder must either depart Australia or make a valid application for another substantive visa. If a new substantive visa application is lodged in Australia, the applicant may need a bridging visa to remain lawful while the application is being processed.

A bridging visa does not automatically grant work rights. Whether a person can work depends on the conditions attached to the specific bridging visa that is granted.

This article explains common bridging visa types and how work rights operate under each.

What is a bridging visa?

A bridging visa is a temporary visa that allows a person to remain lawfully in Australia while an immigration matter is being resolved. This can include waiting for a decision on a substantive visa application or making arrangements to depart Australia.

A bridging visa is not a single visa type. It is a category that includes several subclasses, each with different purposes, travel rules, and work conditions. The conditions on the grant notice determine what a bridging visa holder can and cannot do.

The key compliance rule is straightforward. A person must follow the conditions attached to their bridging visa.

How work rights operate on bridging visas

Work rights on a bridging visa depend on the conditions imposed at grant. Some bridging visas are granted with permission to work. Some are granted with restrictions or with a condition that prevents work.

If work is not permitted, a person must not work. In some situations, a person may be able to request a change to their work conditions. Such a request is assessed by the Department based on the person’s circumstances. Approval is not automatic and depends on Department assessment.

The grant notice is the primary document for confirming work rights.

Bridging Visa A

Bridging Visa A is commonly granted to a person who makes a valid application for a substantive visa while they are in Australia and remain lawful at the time of application.

Bridging Visa A does not usually allow international travel. If a person needs to travel while waiting for a decision, a separate bridging visa that permits travel may be required.

Bridging Visa A work rights

Work permission on Bridging Visa A depends on the conditions attached to the grant. The grant notice confirms whether work is permitted or restricted. If your BVA does not allow you to work, or includes work limitations, you may apply for another BVA that permits work. To be eligible for a BVA with work rights, you will generally need to show that you are experiencing financial hardship. Your circumstances will be assessed in relation to your request to work. If you do not meet the criteria for work rights but remain eligible for a BVA, a new BVA will be granted with the same work prohibition or restriction that applied to your previous BVA.

Bridging Visa B

Bridging Visa B is used when a person on a bridging visa needs permission to travel outside Australia and return while their substantive visa application is being processed. The visa provides travel rights for a limited period.

A person must travel within the approved travel period stated on the visa grant. 

Bridging Visa B work rights

You may be permitted to work if either the substantive visa you previously held or the visa you applied for allows work. Your BVB grant letter will outline the conditions that apply to your visa.

If both the visa you previously held and the visa you applied for include work restrictions, you will not be permitted to work while holding a BVB.

If you hold a BVB that does not allow work and you wish to have the conditions changed, you will need to consider applying for a BVA. As part of that application, you must show that you are experiencing financial hardship

Bridging Visa C 

Bridging Visa C may be granted to a person who makes a valid application for a substantive visa while they do not hold a substantive visa. Eligibility and conditions depend on the person’s circumstances and the validity of the application.

If you depart Australia while this visa is in effect, you will not be able to use it to return. A BVC that is in effect will cease once you leave Australia.

As a holder of a BVC, you cannot be granted a Bridging Visa B (BVB) that would allow you to travel and return to Australia while your substantive visa application is being processed.

Bridging Visa C work rights

The initial BVC granted when you apply for a substantive visa does not permit work, unless the substantive visa you have applied for is one of the following:

Business Talent visa (subclass 132)
Employer Nomination Scheme visa (subclass 186)
Regional Sponsored Migration Scheme visa (subclass 187)
Business Innovation and Investment (Provisional) visa (subclass 188)
Skilled — Independent visa (subclass 189)
Skilled — Nominated visa (subclass 190)
Skilled — Regional (Provisional) visa (subclass 489)
Skilled Work Regional (Provisional) visa (subclass 491)
Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)
Business Innovation and Investment (Permanent) visa (subclass 888).

If your BVC does not allow you to work, or includes work restrictions, you may apply for another BVC that provides work rights. To be eligible for a BVC with work rights, you must demonstrate that you are experiencing financial hardship.

Your circumstances will be assessed in relation to your request to work. If you do not meet the criteria for work rights but remain eligible for a BVC, a new BVC will be granted with the same work prohibition or restriction that applied to your previous BVC.

Bridging Visa D

Bridging Visa D is a short-term bridging visa used for a limited purpose. It can provide a brief lawful period to allow a person to take a next step, such as lodging a valid application or making arrangements to depart Australia.

This visa is not intended for ongoing residence or employment planning. Travel is not permitted.

Bridging Visa D work rights

You are strictly prohibited from working. Engaging in any paid work can lead to the visa being cancelled.

Bridging Visa E

Bridging Visa E is commonly used where a person needs to remain lawful while their immigration matter is finalised, which can include review processes or departure arrangements. Conditions attached to this visa can include work restrictions and reporting obligations.

International travel is generally not permitted.

Bridging Visa E work rights

Your grant letter will confirm whether you have permission to work. If you work without authorisation, your BVE may be cancelled, and you may be detained. You could also be removed from Australia.

If you do not have work rights, there are limited circumstances in which you may apply for a new BVE that permits work. For example, you may be considered to be in financial hardship if you are unable to meet the reasonable costs of your living expenses.

Your circumstances will be assessed to determine whether you meet the eligibility requirements. If you do not meet those requirements, a new BVE with work rights will not be granted.

Compliance reminders for bridging visa holders

A bridging visa holder should take the following steps:

  1. Check the visa type and subclass on the grant notice.

  2. Review all visa conditions, including work and travel conditions.

  3. If work is not permitted, do not commence work unless the Department confirms a condition change.

  4. If travel is required, confirm whether travel permission is available.

Conclusion

A bridging visa allows a person to remain lawful in Australia while an immigration matter is being resolved. Work rights are not automatic and depend on the conditions attached to the specific bridging visa granted. A person must rely on the grant notice and Department confirmation when making decisions about work or travel.

 

See also  Work experience requirements for the TSS 482 visa (Employee)

3 Comments

  1. Mark

    Thanks for your blog, nice to read. Do not stop.

    Reply
  2. נערות ליווי בבאר שבע

    I was very pleased to find this site. I wanted to thank you for your time for this particularly wonderful read!! I definitely savored every little bit of it and i also have you book-marked to see new stuff in your site.

    Reply
  3. Rolin wola

    Am on a bridging visa c ,I want to apply for work right..

    Reply

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