01 Apr Can I Work Full Time on a Bridging Visa?
If you are curious about the extent of your work rights while you’re on a Bridging Visa, then have a read, as we break down what are the instances where you can legally work in Australia.
In this blog, we cover:
- What is a Bridging Visa?
- When is a Bridging Visa Issued?
- Can I Work on A Bridging Visa?
- Can Employers Hire Someone on A Bridging Visa?
- When will Bridging Visa A cease?
What is a Bridging Visa?
It is a Visa type that is issued to the applicant while waiting for a visa application to be processed. When after application and while waiting for the outcome of your application, your current visa has expired, a Bridging Visa is issued and, in most circumstances, is generally valid until 28 days after a decision is made on the applicant’s main visa application.
On the other hand, a substantive visa – the main visa – (i.e., training visa, working visa, etc.) is a visa issued that has a fixed validity period which allows the holder to stay in Australia.
The main benefit of a Bridging Visa is that you can remain lawful while your main visa application is processing, and if your application is on judicial review. Either way, it allows you to work on Australia in several instances, as will be discussed further in this article.
Scenario: When is Bridging Visa Issued?
David is in Australia on a working holiday visa (subclass 417), he then applies for 482 Visa while he is in Australia. Upon application, David will be issued Bridging Visa A which will allow David to legally stay in Australia after his working holiday visa expires. If his 482-visa application is refused, his Bridging Visa A would cease 28 days after the decision is made and David will have to leave Australia.
Typical Scenarios: Can I Work on A Bridging Visa?
A Bridging Visa A will typically carry over the previous substantive visa conditions, therefore holders of valid Bridging Visas typically have work rights, depending on the previous held substantive visas. Not all Bridging Visas are the same in terms of work rights. Some can work for full-time, while some can work for part-time only.
In all the different types of Bridging Visa, the most favourable is the Bridging Visa A (BVA Subclass 010)
Case A – In David’s case, his Bridging A visa will have the same 6-month work limitation as his Working Holiday Visa (substantive visa). A waiver of the 6 month work limitation is possible with a further application for those bridging towards a 482 Visa like David.
Case B – John is in Australia on a Visitor Visa. When he applies for another visa, he will have no work rights on his Bridging Visa, since the visitor visa does not allow its holders to work in Australia.
Case C – Susan is in Australia on a Student Visa, studying a Diploma course. When she applies for another visa, her Bridging Visa will have the same student working work rights.
Case D – When the applicant has applied onshore (in Australia) for an Employer Nomination Scheme (Subclass 186), Regional Sponsored Migration Scheme (Subclass 187), or General Skilled Migration Visas (Subclass 189, 190 or 489), the Bridging Visa that will be issued will have unlimited work rights.
If you want more information whether you may be allowed to work in Australia with your Bridging Visa, you can check your visa conditions by using the VEVO service to view the start date and expiry date and whether the bridging visa holder has work restrictions or accessing your visa conditions through the ImmiAccount.
The following conditions appearing in the Bridging Visa (BVA included) will impose limitations to the holder’s work rights: 8101 (no work), 8102 (Not work other than in relation to study or training), 8103 (No paid work), 8104 (work restriction: 40 hours a fortnight), 8105 (work restriction), 8107 (work limitation), 8108 (work limitation), 8111 (work limitation), 8112 (Must not engage in work that might otherwise be carried out by an Australian citizen or permanent resident), 8114 (Superyacht crew), 8115 (Limited activities), 8539 Live, study and work in a specified area), 8547 (Not work for one employer for more than 6 months), 8549 (Live, work, and study in a designated area), 8607 (Must only work in nominated occupation) and 8608 (Approved work only).
In some instances, if your Bridging Visa does not have working rights as a condition, one may apply for another Bridging Visa that lets the applicant to work in the interim, however, this is only available upon review and the applicant must show and prove financial hardship to be issued a Bridging Visa with work rights.
Can Employers Hire Someone on A Bridging Visa?
YES. Employer can employ the Bridging Visa holder when the following conditions are present:
- The Bridging Visa has started
- The Bridging Visa has not expired or has been cancelled
- The conditions do not say ‘No Work’
- Working within the hours allowed stated in their visa conditions
For the following Substantive Visas, the associated Bridging Visa will have no work limitations:
- Graduate Visa (485)
- Partner Visas (Onshore Partner 820/801)
- Parent Visas (Aged Parent 804, Contributory Aged Parent Temporary 884, Contributory Aged Parent 864)
- Skilled Visas (Skilled – Independent 189, Skilled – Nominated 190, Skilled Work Regional 491, Skilled Employer Sponsored Regional 494, Employer Nomination Scheme 186, Regional Sponsored Migration Scheme 187)
- Business Visas (Business Talent 132, Business Innovation, and Investment 188/888)
When will Bridging Visa A cease?
As previously mentioned, it generally expires after a decision is made on the applicant’s main visa application.
- It ceases when the new substantive visa is granted
- When the BVA holder applied for BVB in relation to the same substantive visa application
- When the substantive visa has expired, and the BVA holder has left Australia
- 28 days after the substantive visa application has been withdrawn and the no new visa application has been made or currently held
- 28 days after unsuccessful outcome of the substantive visa application
- 28 days after the outcome of the decision by the Appeals Tribunal
If you need further advise about Bridging Visas in Australia, its work rights and limitations, you may book in for a free consultation to speak with our registered migration agent and employer visa specialist here. Also, check the services that we provide at Worldly Migration.
No Comments