Can I Work on a Bridging Visa in Australia?

A Bridging Visa is a temporary visa that allows you to remain lawfully in Australia while your new substantive visa application is being processed or until you make arrangements to depart the country.

Generally, a Bridging Visa is granted automatically as part of the application process when you apply for a new visa from within Australia, so a separate application is not usually required. In the article below, we will understand what a Bridging Visa is and can you work on a Bridging Visa?

What Is a Bridging Visa?

A Bridging Visa is a temporary and transitional visa. It allows you to lawfully stay in Australia after your current substantive visa ceases and while your new substantive visa is being processed. Moreover, if you plan on leaving Australia, this visa also allows you to stay in the country lawfully until you have made arrangements to depart.

As it is typically granted as part of a new substantive visa application, you generally do not need to submit a separate application for a Bridging Visa if you have lodged a valid substantive visa application while in Australia.

Purpose of Bridging Visas in Australia

A Bridging Visa, as the name suggests, bridges the gap between two visas. So, while your new substantive visa application is being processed, you can lawfully stay in Australia.

A Bridging Visa can be granted only when you are in Australia. In most cases, with the notable exception of the Bridging Visa B, the visa will cease if you leave the country. This implies that if you leave Australia while on most Bridging Visas, you will need to successfully apply for another visa from overseas to be able to return.

The conditions of a Bridging Visa are usually the same as those of your previous substantive visa. If your previous substantive visa included work rights, your Bridging Visa may also permit you to work, subject to its conditions.

The purpose of the Bridging Visa is to enable applicants to live in Australia lawfully. The processing time for visa decisions, including reviews by the Department of Home Affairs or the Administrative Appeals Tribunal, can be lengthy. The Bridging Visa is the pathway to stay lawfully and potentially work in Australia while your substantive visa application is being decided.

Before we move to further details, let us look at the general eligibility criteria for being granted a Bridging Visa:

• You have previously held a substantive visa.
• You are in Australia while applying for the new substantive visa.
• You have a valid application, or a matter under merits or judicial review, within the prescribed timeframe.
• You meet the character requirements.

There are other requirements specific to the type of Bridging Visa granted. Understanding these conditions is crucial, and the team at Australian Migration Agents can provide clarity on your specific circumstances.

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Which Bridging Visas Allow You to Work in Australia?

A Bridging Visa allows you to work in Australia if the substantive visa that you previously held included work rights. The following are key Bridging Visas and the work rights associated with each of them.

Bridging Visa A (BVA) – Work Rights Explained

The Bridging Visa A (BVA) is a very common bridging visa and is granted automatically when you lodge an application for a new substantive visa in Australia. The visa allows you to lawfully stay in Australia until your new substantive visa has been granted or any related review proceedings are completed.

The work rights attached to a Bridging Visa A generally reflect those of your previous substantive visa. If you previously held work rights, you may continue to work, subject to the same conditions. However, if your previous visa did not permit work, your Bridging Visa A will also not permit work. In this situation, you may apply for a new BVA with work rights by demonstrating financial hardship.

Bridging Visa B (BVB) – Travel and Work Conditions

The Bridging Visa B (BVB) also allows you to stay lawfully in Australia until your substantive visa application is processed. An added advantage of the BVB is that you can leave and return to Australia for a specified period while your substantive visa application is being decided.

Unlike other Bridging Visas, the BVB permits travel outside Australia. You must apply for and be granted a BVB before you depart.

Working rights on this visa are generally the same as the BVA; they mirror the conditions of your previous visa. If your previous visa did not grant work rights, you would need to apply for a Bridging Visa with permission to work, based on financial hardship.

Bridging Visa C (BVC) – Work Permission Requirements

The Bridging Visa C (BVC) is granted if you were unlawful in Australia at the time you lodged an application for a new, valid substantive visa.

A BVC generally does not come with work rights. If you need to work, you may apply for a separate Bridging Visa C with work rights, provided you can demonstrate compelling reasons, such as financial hardship.

With the BVC, you are not permitted to leave Australia. If you leave Australia while you are on a BVC, it will cease immediately. To re-enter Australia, you must apply for a new visa offshore.

Bridging Visa E (BVE) – Discretionary Work Rights

The Bridging Visa E (BVE) is generally granted to allow unlawful non-citizens to make arrangements to depart Australia or to resolve their immigration status. It is available to individuals who may have overstayed their previous visa or are seeking to resolve their immigration status.

This visa is also granted to individuals who are awaiting a final decision on their immigration matter, such as a request for Ministerial Intervention. It provides them with a temporary lawful status while their situation is determined.

The BVE usually does not come with work rights. Work rights are not automatically granted with a Bridging Visa E and are approved only in limited circumstances. You may request work rights by demonstrating financial hardship, but approval is discretionary.

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Work Rights and Timeline Restrictions on Bridging Visas

The work rights on your Bridging Visa will generally be the same as the conditions on the last substantive visa you held. If you demonstrate genuine financial hardship, work rights may be granted even if your previous visa did not permit work. However, you need to be cautious about the specific restrictions of these visas.

For instance, if your last substantive visa was a Student Visa with a condition limiting work to 48 hours per fortnight, that same condition will likely apply to your Bridging Visa.

Consequences of Working Without Permission on a Bridging Visa

If you work without permission on a bridging visa, you and your employer could face serious consequences, including fines and visa cancellation.

Breaching Visa Conditions

Every Bridging Visa issued by the Department of Home Affairs comes with certain conditions. Visa holders must abide by these conditions at all times.

The work restrictions outlined in these visas include whether the visa holder is permitted to work and, if so, the maximum number of hours they can work. If you breach any of the conditions specific to your visa, you will face severe consequences. Your current visa may be cancelled, and this could lead to you being removed from Australia. You may also be placed in immigration detention until you are removed from the country.

Possible Cancellation or Refusal of Future Visas

Breaching visa conditions may severely impact your future visa applications. If you have a history of breaching conditions, you may face cancellation or refusal of any future visa. A history of non-compliance makes it challenging to obtain a visa in the future. Therefore, it is essential to adhere to the work restrictions specified in your visa.

Impact on Permanent Residency or Citizenship Applications

Breaching visa conditions may also make you ineligible for permanent residency or citizenship in the future and could result in a re-entry ban, preventing you from applying for certain visas for a period of three years.

How Migration Agents Can Assist with Bridging Visa Work Rights

Australian immigration law is complex. There are several eligibility criteria that you must fulfil, and visas come with many conditions. Therefore, seeking assistance from a registered migration agent can be helpful.

The team at Australian Migration Agents can help you understand the specific work rights and conditions that apply to your Bridging Visa. This knowledge enables you to remain compliant with Australian laws and helps you steer clear of possible delays and troubles. Professional guidance can also prevent you suffering financial losses that often result from misunderstandings and errors.

Frequently Asked Questions (FAQs)

Can I Work Full-Time on a Bridging Visa?

Yes, potentially. Work rights on a Bridging Visa depend on the conditions of your previous substantive visa. If your previous visa allowed full-time work, your Bridging Visa will generally allow you to continue working full-time.

How Do I Apply for Work Rights If My Visa Does not Allow It?

If your current Bridging Visa does not include work rights, you will have to apply for a new Bridging Visa with work rights. You must demonstrate that you are in financial hardship to have your request considered.

Do Bridging Visa Work Rights Depend on My Partner’s Visa?

Sometimes. If you are a secondary applicant on your partner’s visa application, your Bridging Visa conditions will typically reflect the conditions of your previous visa as a secondary applicant. Your work rights are tied to your own visa status, not your partner's financial situation.

What Happens If My Substantive Visa is Refused While I’m on a Bridging Visa?

If your substantive visa is refused while you are on a Bridging visa, the Bridging Visa will generally remain in effect for a specified period (often 35 days). This allows you time to depart Australia, lodge an appeal with the Administrative Review Tribunal, or seek advice on alternative visa pathways. It is important to act quickly to remain lawful.

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