Can I work on a bridging visa in Australia

Work rights on a bridging visa in Australia depend on the visa type and the conditions of your current substantive visa. Bridging Visa A (BVA) usually carries the same conditions as the previous visa, such as work restrictions for Student Visa holders. Bridging Visa B (BVB) allows travel but retains the same work rights. Bridging Visa C (BVC) and Bridging Visa E (BVE) may allow work if you demonstrate financial hardship. Visa holders awaiting decisions on a substantive visa application, like a partner visa or skilled visa, often retain rights until the current visa expires or a decision is made.

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

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What bridging visa allows you to work in Australia?

Bridging Visa A (BVA) and and Bridging Visa B (BVB) generally allow work if the substantive visa you held when applying for a new substantive visa included work rights. If your previous visa, such as a working holiday visa, 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 showing you're experiencing 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 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's important to note that the government has a predisposition against granting 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 same substantive visa application was a Student Visa, your BVA might limit you to the same working rights of 20 hours per week.

Similarly, if your current substantive visa was a Working Holiday Maker Visa, you may face restrictions on the duration you can work for one employer. For Working Holiday (subclass 417) or Work and Holiday (subclass 462) visa holders, you can work in any job over your 12-month stay, but you are restricted to a maximum of 6 months with any one employer due 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 if I work on a bridging visa when I am not allowed to?

If you work on a bridging visa when you are not permitted to, you and your employer risk severe penalties, including fines and imprisonment. Additionally, working in breach of your visa conditions can lead to the revocation of your visa, which may compel you to depart Australia.

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 needing to remain in Australia lawfully while their application for a substantive visa is being processed. It is crucial to comply with the common eligibility criteria and ensure that you do not violate the conditions of your visa subclass.

For those affected, obtaining legal advice from Australian migration lawyers is vital. They can assist in navigating the visa process and exploring options for judicial review or appeals to the Administrative Appeals Tribunal or the Federal Circuit and Family Court of Australia. This advice is crucial if you need to understand your rights under different bridging visa types or other temporary visa options while your valid application is under review.

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How to get advice on employments rights with bridging visas

For bridging visa holders, performing a VEVO 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 VEVO check and review the conditions attached to your bridging visa, 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.

Our Australian Migration Lawyers 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 AML, you enhance your chances of adhering to visa conditions, managing breaches effectively, and addressing decisions related to your visa status within the prescribed timeframe.