Can I work on a bridging visa in Australia?

Navigating the period between visas can be a source of uncertainty, and one of the most pressing concerns for many applicants is whether they are permitted to work. How can you determine your specific entitlements while holding a bridging visa in Australia? It is important to understand the relationship between the conditions of your previous substantive visa and your current bridging visa, and to know under what circumstances, such as financial hardship, you might be able to obtain work rights if they are not automatically granted with your visa.

[free_consultation]

Book a consultation

If you are interested in getting more information about a bridging visa, get in touch with Australian Migration Lawyers for a consultation.

[/free_consultation]

Types of Bridging Visas and Their Work Conditions

Bridging Visa A (BVA) and Bridging Visa B (BVB) generally allow work if the substantive visa you held when applying for a new substantive visa included work rights. Your BVA work conditions will mirror those of your previous substantive visa — if it permitted work, your BVA or BVB will carry the same working rights. If not, you may apply for a new visa with work rights by demonstrating financial hardship.

Bridging Visa C (BVC), typically granted when a person is unlawfully in Australia but applying for a new substantive visa, does not initially allow work. However, you can request work rights by demonstrating financial hardship. A separate application is required to obtain permission to work.

Bridging Visa E (BVE), granted to people who have overstayed their visas or are in immigration detention, also usually comes without bridging visa E work rights. To gain work rights on a BVE, you must apply for a new BVE and demonstrate a compelling need due to financial hardship. It is important to note that the government has a strong disinclination to grant work rights on this visa, so applications must be strong.

Are there any timeline restrictions for work?

Most Bridging Visa A (BVA) holders can work without restrictions, but caution is needed as the work rights from the current substantive visa may carry over to the BVA. For instance:

• If your substantive visa application was a Student Visa, your BVA might limit your working rights to the same 48 hours per fortnight that applied to your student visa.
• Similarly, if your substantive visa was a Working Holiday (subclass 417) or Work and Holiday (subclass 462) visa, you can work in any job during a 12-month stay, but you will be restricted to working for 6 months with any one employer, subject to Condition 8547.

If your current visa ceases and you need to work beyond this timeframe, you would need to apply for a further bridging visa or seek permission under the visa process.

What Happens If You Work Without Permission on a Bridging Visa?

If you work on a bridging visa when you are not permitted to, you and your employer face severe penalties:

• Fines and imprisonment: Employers who allow or coerce a non-citizen to work in breach of visa conditions face a civil penalty of up to $79,200, and in cases of serious or deliberate exploitation, criminal penalties of up to $118,800 and two years of imprisonment.
• Visa revocation: Working in breach of your visa conditions can result in your visa being revoked, requiring you to depart Australia.

Regaining Work Rights

If your current substantive visa ceases or does not permit work, you may apply for a new bridging visa that includes work rights. This is essential for those who need to remain in Australia lawfully while their application for a substantive visa is being processed.

The Process for Applying

1. Assess eligibility: If you have a BVA or BVC, you can apply for a new visa with “nil conditions” (full work rights) if you demonstrate a compelling need to work.
2. Evidence of financial hardship: You must prove that your daily living expenses (i.e., rent, food, medical costs, etc.) exceed your current means.
3. Submit Form 1005: Submit Form 1005 (Variation of Conditions): Submit an application for a "Bridging visa with different conditions" via ImmiAccount.
4. Await approval: Do not start working until the Department notifies you that condition 8101 (the "No Work" condition) has been removed.

For those affected, obtaining legal advice from Australian migration lawyers is vital. Our experienced migration lawyers can:

• Help you navigate the process, starting by reviewing your current visa grant to confirm exactly what your work rights are
• Prepare a robust evidence portfolio to prove your financial hardship
• Assist with appeals to the Administrative Review Tribunal (ART) if your visa has been refused

Need to understand rights under different bridging visa types or other temporary visa options while your valid application is under review? Contact Australian Migration Lawyers for a consultation.

[aus_wide_service][/aus_wide_service]

How to Check and Understand Your Bridging Visa Work Rights

For bridging visa holders, performing a VEVO (Visa Entitlement Verification Online) check is crucial to ensure compliance with visa conditions, including specific work rights. This step helps prevent accidental breaches that could lead to visa cancellation or legal penalties. Regular VEVO checks keep you informed about your visa conditions, ensuring you stay lawfully in Australia and avoid violations.

To perform a bridging visa work rights check, use either VEVO or your ImmiAccount. For VEVO, follow these steps:

1. Visit the Department of Home Affairs (DHA) website and select "Check your own visa details."
2. Under “Visa holder enquiry,” choose “Passport” and enter all required information. Agree to the terms and conditions.
3. Review the displayed visa details, including type, validity period, and any conditions. Save or email this information for future reference.

At Australian Migration Lawyers, we can assist with navigating your visa conditions and managing new substantive visa applications, including those for permanent, protection, or employer nomination scheme visas. We ensure compliance with eligibility requirements, prepare necessary documents, and represent you in communications with immigration authorities. By engaging Australian Migration Lawyers, you enhance your chances of adhering to visa conditions, managing breaches effectively, and addressing decisions related to your visa status within the prescribed timeframe.

Frequently Asked Questions

Can I work in Australia while on a bridging visa?

It depends on the specific subclass of bridging visa you hold and its conditions. Generally, a BVA or BVB will have the work rights of the visa you held just before it. If you are on a BVC or BVE, you usually will not have work rights by default, but you can apply for them separately.

How can I check if I have work rights on my bridging visa?

The easiest and most reliable way is to use the VEVO system or check directly through your ImmiAccount. You just need your passport details and your visa grant number or TRN from your application.

What happens if I work without permission on a bridging visa?

Working without authorisation is a serious violation of visa conditions and can have severe consequences. Beyond the risk of your visa being cancelled (which could lead to your removal from Australia), you and your employer could also face hefty fines.

Can I apply for work rights if my bridging visa does not allow work?

Yes, you can. You will need to submit a request to the Department using Form 1005 and demonstrate financial hardship by providing evidence like bank statements, utility bills, or rent receipts to show that you genuinely need to work to support yourself.

Does a Bridging Visa A (BVA) have work restrictions?

BVA typically mirrors the work rights of your previous substantive visa. For example, if you were on a student visa, your BVA will carry over the same work hour restrictions that applied to that visa. However, if you have applied for certain permanent visas like a partner visa bridging visa, your BVA will come with unrestricted work rights.

How can an Australian migration lawyer help with bridging visa work rights?

A lawyer can be a huge help if you have been refused work rights before or if you are moving between complex visa subclasses. They can help gather the right evidence to prove your financial hardship and prepare a professional submission to the Department for your application's best possible chance of success.

Can I leave and re-enter Australia while on a bridging visa?

Not on a standard BVA or BVC. If you leave the country on one of these, your visa will expire the moment you depart, and you will not be allowed back in. If you need to travel, you must apply for and be granted a BVB before you leave.