Many people in Australia hold a bridging visa while their immigration matter is being resolved. One of the most common questions we receive is whether someone can work while holding a bridging visa. The answer depends on the type of bridging visa held and the conditions imposed.
This blog focuses on the work rights on Bridging Visa C (BVC) and Bridging Visa E (BVE), when permission to work may be available, and how to apply to have work restrictions removed.
What is a Bridging Visa?
As a starting point, a bridging visa allows a non-citizen to remain lawfully in Australia temporarily while their immigration status is being resolved.
Bridging visas are commonly granted to people who:
- have lodged a valid visa application in Australia that has not yet been decided;
- have applied for merits review or judicial review of a visa refusal;
- are unlawful non-citizens making arrangements to depart Australia; or
- are seeking Ministerial Intervention.
Bridging visas are not substantive visas. Their purpose is to maintain a lawful status in Australia until the relevant immigration matter has been finalised.
Various conditions may be attached to a bridging visa, including conditions relating to work. You can learn more at our separate post which breaks down the differences between each bridging visa.
A BVC is generally granted when a person lodges a substantive visa application while they are in Australia but do not hold another substantive visa at the time of lodgement.
This commonly occurs when:
- a previous visa has already expired and the person holds a Bridging Visa A or B, or
- a person lodges a new visa application after becoming unlawful.
A BVC allows a person to remain lawfully in Australia while their substantive visa application is being processed. However, a BVC is often granted without work rights, meaning the visa holder must apply separately for permission to work.
A BVE (Subclass 050 or 051) is usually granted to individuals who are unlawful in Australia or whose prior visa has been cancelled, but need to remain in Australia temporarily while they:
- make arrangements to depart Australia;
- seek judicial review of a visa decision;
- request Ministerial Intervention; or
- await the outcome of another immigration process.
A BVE is generally intended as a short-term visa to allow a person to remain lawfully in Australia while resolving their immigration situation. In many cases, a BVE will also be granted without work rights, depending on the circumstances.
What are the work rights on a Bridging Visa C or Bridging Visa E?
If a Bridging Visa is granted with Condition 8101, the holder is prevented from engaging in work in Australia. The visa holder cannot work unless the condition is removed.
In some situations, a person may apply for a new bridging visa of the same subclass, requesting that the work restriction be removed. To be successful, the applicant must demonstrate a ‘compelling need to work’.
However, there are some important limitations:
- If a person applies for a further BVE where Condition 8101 is mandatory, the Department cannot grant the visa without the work restriction.
- If a person holds a BVE associated with a non-protection visa judicial review matter, the no work condition is mandatory and cannot be removed.
- If the person has made a Ministerial Intervention request, they may be able to request permission to work if, at the time of request:
- they were lawful and had work rights on their visa; and
- they have remained lawful since their last substantive visa application was finally determined.
- Where a person holds a BVA, BVB, BVC, or BVE linked to judicial review of a Protection visa refusal, they may only work if:
- they had work rights on their previous bridging visa; and
- they lodged the judicial review application within the statutory time limit.
If there is a delay in applying for the Protection visa, the applicant will usually need to explain the reasons for the delay when requesting permission to work. The Department will assess whether the explanation for the delay is reasonable. If a reasonable explanation is not provided, permission to work may not be granted.
Examples of explanations that may be considered reasonable include situations where:
- a person arrived in Australia and only needed to apply for a Protection visa after their personal circumstances changed, or the situation in their home country deteriorated;
- a person arrived in Australia on a Partner visa, but the relationship later broke down and they applied for a Protection visa because they are afraid to return to their home country.
However, some explanations are generally not considered reasonable. For example, stating that the applicant did not know they could apply for a Protection visa will usually not be accepted as a valid explanation for the delay.
Work rights for minors
There is no age limit preventing a bridging visa holder from being granted permission to work.
Where a parent or guardian satisfies the criteria for work rights due to financial hardship, Departmental policy generally treats all family members included in the same visa application including children as also experiencing financial hardship. As a result, minor children may also be granted bridging visas with work rights, even if they do not intend to work. This approach may also help ensure access to Medicare and schooling.
What is a “compelling need to work”?
Under the Migration Regulations 1994, a bridging visa holder may be granted permission to work if they demonstrate a compelling need to. In practice, this usually means the person is experiencing or at risk of financial hardship.
Although financial hardship is not defined in legislation, Departmental policy indicates that a person is considered to be in financial hardship where their reasonable living expenses exceed their ability to pay for them.
When assessing financial hardship, the Department may consider factors such as:
- whether the person’s living expenses are reasonable;
- how the person has supported themselves until now;
- whether that support is likely to continue;
- whether there are other sources of financial support, such as family or friends;
- whether the person may otherwise become an unreasonable burden on public funds or charities;
- the likely timeframe before the substantive visa application is decided.
Importantly, the likelihood of the substantive visa being granted is not relevant when assessing financial hardship for bridging visa work rights.
Providing evidence of financial hardship
When applying for permission to work on a bridging visa, applicants should provide evidence of their financial circumstances. This may include:
- bank statements for the past three months showing account balances;
- evidence of income or savings (for example, a letter from employer, employment contract, or recent payslips);
- a lease agreement or evidence of rent payments;
- bills for utilities such as electricity, water, gas or phone;
- evidence of car loans or other debts;
- details of dependants who rely on the applicant for financially support;
- statements from individuals providing financial assistance or emergency support.
How can I apply for work rights on a BVE or BVC?
If your bridging visa has Condition 8101, you may apply for a new bridging visa of the same subclass with permission to work. This application can be made through ImmiAccount by selecting the option to seek permission to work.
Applicants will usually need to provide:
- details of their financial circumstances;
- evidence of income, savings, and expenses;
- evidence supporting their claim of financial hardship.
If the Department is satisfied that there is a compelling need to work, it will usually grant a new bridging visa of the same subclass without the work restriction.
If the Department is not satisfied, it may still grant a new bridging visa with the same work restriction. This means the visa holder can remain lawfully in Australia but will not be permitted to work.
How can Hannan Tew Lawyers help?
Work rights on BVCs and BVEs depend largely on the conditions attached to the visa and the applicant’s individual circumstances. In many cases, work rights may be granted where the visa holder can demonstrate a compelling need to work due to financial hardship. However, the rules can be complex and depend on factors such as the type of bridging visa held and the reason it was granted.
If you are unsure whether you are eligible to apply for work rights, it is best to seek advice before lodging a request. If you would like assistance or would like to discuss your circumstances further, feel free to reach out to our team or book a consultation.
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