Can you work in Australia on a partner visa

Navigating the intricacies of partner visas in Australia can be daunting, especially when it comes to understanding your working rights. A partner visa allows individuals in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen to live and work in Australia. The right to work is one of the key benefits of holding a partner visa, providing a vital opportunity for economic participation and integration into Australian society. This page will provide an overview of partner visa working rights in Australia, eligibility and the conditions for a  partner visa, outline the benefits and limitations of working on a partner visa and address common questions and concerns. 

An overview of partner visa work rights in Australia

Partner visa holders in Australia enjoy full work rights, allowing them to work for any employer without restrictions. This applies to both temporary partner visas (subclasses 820 and 309) and permanent partner visas (subclasses 801 and 100). With these rights, individuals can seek employment across various fields, start their own businesses, and pursue their career goals. Understanding work rights under a partner visa is vital for making informed decisions about your employment and long-term plans.

In Australia, the path to temporary and permanent partner visas have distinct working rights.  

1. Bridging Visas: If you lodge an application for a temporary partner visa whilst in Australia (onshore application) you may be granted a bridging visa. The work rights granted on the bridging visa will be dependent on the previous visa you held and if you had work rights on that visa. If you are lucky to have had those entitlements then when your previous visa expires, the same conditions would likely continue on the bridging visa associated with your partner visa. 
2. Temporary Partner Visa (Subclass 820/309): This visa allows you to live in Australia while your application for a permanent partner visa is processed. As a holder of a temporary partner visa, you have full work rights, meaning you can work for any employer and in any field. This access to employment enables you to support yourself and contribute to your household during the processing period. It’s important to note that while you can work freely, the temporary nature of this visa means you must remain compliant with the conditions set by the Department of Home Affairs while your permanent visa application is being considered.
3. Permanent Partner Visa (Subclass 801/100): Once your temporary visa is granted and you have been living in Australia for a specified period, you may be eligible for a permanent partner visa. This visa grants you the same full work rights as the temporary visa, allowing you to continue working without restrictions. The key difference is the added security and stability that comes with permanent residency, which often allows for greater career advancement and long-term planning. 

In summary, while both temporary and permanent partner visas provide full work rights, the permanent visa offers a more secure status in Australia. Understanding these distinctions is essential for planning your career and life in Australia effectively, ensuring that you make the most of the opportunities available to you as a partner visa holder.

Eligibility and conditions for working on a partner visa

In Australia, obtaining a partner visa comes with specific conditions related to the applicant’s relationship and immigration status, but there are no strict eligibility requirements or conditions tied to work rights for visa holders.

Once a partner visa is granted, there are no separate conditions or restrictions placed on the applicant’s ability to work in Australia. Temporary and permanent partner visa holders have full work rights, meaning they are free to seek employment in any sector, full-time or part-time, without the need for employer sponsorship or additional permits. These work rights apply throughout the temporary and permanent stages of the visa.

While there are relationship-based conditions on the visa, the Australian government allows partner visa holders the freedom to work, integrating them into the Australian economy as they transition to permanent residency.

Common questions and concerns

Are there any work restrictions on a Temporary Partner Visa (Subclass 820/309)?

No, there are generally no work restrictions on a temporary partner visa (subclass 820/309). Holders of this visa have full work rights, allowing them to work for any employer, start their own business, or study without restrictions.

Can I change jobs while on a Partner Visa?

​​Yes, you can change jobs while on a partner visa in Australia. All partner visas grant you full work rights, allowing you the flexibility to seek employment with different employers without restrictions.

Do I need a work permit to work on a Partner Visa?

No, you do not need a separate work permit to work on a partner visa in Australia. Both temporary partner visas and permanent partner visas grant you full work rights upon approval. 

Can I study while working on a Partner Visa?

Yes, you can study while working on a partner visa in Australia. Both temporary partner visas and permanent partner visas grant you full work rights and the ability to pursue educational opportunities.

Am I eligible for workplace rights and protections in Australia?

In Australia, partner visa holders enjoy the same workplace rights and protections as Australian citizens under the Fair Work Ombudsman (FWO). They are responsible for enforcing your rights and ensuring fair treatment in the workplace. 

Can I start my own business while on a Partner Visa?

Yes, you can start your own business while on a partner visa in Australia. Both temporary partner visas and permanent partner visas grant you full work rights, which include the ability to operate your own business.

What happens if my Partner Visa is still processing—can I work?

If you have applied for a onshore temporary partner visa (subclass 820), and have been granted a bridging visa, you must review the conditions attached to your bridging visa to understand your specific working rights. If you are currently on a temporary partner visa and are awaiting approval of your permanent partner visa (subclass 801/100), you have full working rights in Australia. 

Can I work in any state or territory in Australia on a Partner Visa?

Yes, as a holder of a partner visa in Australia, you can work in any state or territory without restrictions.

Will my Partner Visa affect my ability to get a job?

A partner visa should not negatively affect your ability to get a job in Australia as it grants you full work rights without any restrictions. However you might want to keep a few considerations in mind, such as some employers may not be familiar with partner visa conditions and therefore you must be prepared to explain your visa status and eligibility to work. 

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

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Benefits and limitations of work rights for partner visa holders

Having work rights on a partner visa in Australia comes with several benefits for the visa holder. 

1. Financial Independence: working rights enable the visa holder to earn an income, allowing them to contribute to household expenses, support their partner and meet their personal financial goals.
2. Career Development: with the ability to work, visa holders can actively pursue their career goals and enhance their professional development in Australia. This opens doors to valuable work experience, skill enhancement, and expanded professional networks.
3. Integration and Social Connection: engaging in the workforce fosters opportunities for social interaction, networking, and integration into the Australian community. It helps visa holders build relationships with colleagues, create support networks, and participate fully in society.
4. Enhanced Quality of Life: having work rights significantly improves the quality of life for visa holders. They gain access to better job opportunities, experience job satisfaction, and find personal fulfilment through meaningful work.
5. Stability and Security: employment offers a sense of stability and security, allowing visa holders to establish a reliable income and secure their financial future. This stability contributes to their overall well-being and peace of mind.

While partner visa holders in Australia enjoy full work rights, there are potential limitations and challenges to be aware of:

1. Job Market Competition: the Australian job market can be competitive, especially in certain industries. To navigate this, visa holders should focus on enhancing their skills, tailoring their resumes to local standards, and networking within their chosen fields.
2. Recognition of Qualifications: some occupations require specific qualifications or licences that may not be recognized in Australia. It's important to research the requirements for your profession and consider pursuing additional training or certification if necessary.
3. Employment Gaps: if there's a significant wait for your permanent partner visa or if you face difficulties securing a job, you may have gaps in employment history. To mitigate this, consider volunteering or engaging in internships, which can help build your resume and professional network.
4. Employer Awareness: some employers may be unfamiliar with visa conditions or may have concerns about hiring visa holders. Being prepared to explain your visa status and demonstrating your commitment to contributing positively to their workplace can help alleviate these concerns.

Australian Migration Lawyers can help

Securing a partner visa in Australia unlocks a wealth of opportunities, enabling you to live with your partner, pursue a fulfilling career, and enjoy legal protections in the workplace. This page has outlined the working rights, eligibility criteria, benefits, and limitations of a partner visa, while also addressing common questions and concerns. 

At Australian Migration Lawyers, we recognize that navigating immigration law can be challenging, especially when it comes to understanding your work rights on a partner visa. If you have questions about your specific work rights or the transition from a temporary to a permanent partner visa, we are here to help. Our experienced migration lawyers provide the support and guidance you need to confidently navigate the process from temporary to permanent residency.