How to Apply for Work Rights on a Bridging Visa

Bridging visas are a common but often misunderstood part of Australia’s migration system. If you’re waiting for a decision on a visa application or appealing a refusal, you probably hold a Bridging Visa. Bridging visas are complex, especially when it comes to work rights.

‘Can I work while I am waiting for a decision on my application?’ This is one of the most common questions I hear from Bridging visa holders. Applicants often remain in Australia for months or even years while waiting for a visa decision or appeal outcome. Without work rights, they might struggle to afford to stay in Australia.

Many are unaware that Bridging visa holders can be afforded work rights, even if the initial Bridging visa does not permit work. This article explains how replacement Bridging visas work. First, let’s cover the basics.

What Are Bridging Visas?

In most situations, Bridging visas are temporary visas granted to individuals who are in Australia and have applied for another visa. As the name suggests, they are a bridge between two visas. Their purpose is to allow visa applicants to remain lawfully in the country until a decision is made on their application.

Bridging visas can also be granted to those who appeal a visa refusal or to make arrangements to leave Australia. There are other, more esoteric scenarios when Bridging visas may be useful.

Which Bridging Visas Are There?

Not all Bridging Visas come with work rights. Here’s a quick summary of the most common subclasses:

• Bridging Visa A (BVA) – Subclass 010: Typically granted with the same work rights as the previous visa. If your previous visa allowed work, your BVA likely will too.
  

• Bridging Visa B (BVB) – Subclass 020: Similar to the BVA but allows the holder to go overseas and return to Australia. Work rights depend on the conditions of the previous visa.
  

• Bridging Visa C (BVC) – Subclass 030: Generally does not allow work unless the applicant can prove financial hardship.
  

• Bridging Visa E (BVE) – Subclass 050 & 051: No work rights, except in limited circumstances. Applicants can be granted work rights if they can demonstrate a compelling need to work.

  
  

What Are Visa Conditions?

Bridging visas can have Conditions attached to them. Conditions are specific requirements, restrictions and prohibitions the visa holder must comply with. They are listed in the visa grant letter.

Some conditions limit or prohibit certain activities, for example, Condition 8101 – No Work. Other conditions specify things the holder must do, for example, Condition 8501 requires the holder to have health insurance.

Bridging visas tend to inherit the same conditions imposed on the last visa the individual held. However, there are exceptions to this. Sometimes the visa being applied for determines the conditions that will be imposed on the Bridging visa.

Why Some Bridging Visas Are Granted Without Work Rights

There are several reasons why a Bridging Visa may be granted with a ‘No Work’ condition. These include:

• The visa applicant’s previous visa had work restrictions or did not allow work.

• The applicant lodged their visa application after their last visa had already expired.

• The applicant is seeking judicial review (court appeal) after a visa refusal and was granted a Bridging visa without work rights.

• The applicant has a history of non-compliance with visa conditions or breaches of previous work rights.
  

Replacement Bridging Visas

In certain circumstances, Bridging visa holders with a condition that prevents or restricts work may apply for a new Bridging visa without work restrictions. Being granted a ‘replacement' Bridging visa without work restrictions involves demonstrating financial hardship.

There are three ways to apply for replacement Bridging visas, depending on the individual circumstances: through ImmiAccount, by paper form sent in the mail and via Home Affairs’ online web form. The Department does not charge a fee for replacement Bridging visa applications.

Generally speaking, replacement Bridging visa applications are made for the same Bridging visa subclass the applicant currently holds. The exception to this is BVB holders, who need to apply for a BVA to remove a work restriction from their BVB.

The key to success is providing clear information and evidence of the applicant’s financial hardship.

How Is Financial Hardship Assessed?

When assessing whether a Bridging visa holder is facing financial hardship, the Department of Home Affairs will consider whether the person’s living expenses are greater than their ability to pay for them. This is a key part of deciding whether work rights should be granted.

Several factors are typically taken into account, including:

- Are their living costs reasonable? The Department will consider whether their rent, bills, groceries, and other expenses make sense for their circumstances.

- How have they been supporting themselves? For example, if the applicant has savings.

- Do they have any other support options? Whether family, friends, or other people can support the applicant financially.

- Are they likely to need help from charities or government services? If they are likely to become a burden on public or community resources, this will be taken into account.

- How long will their visa application take? Visa applications that have long processing times strengthen the case for financial hardship.

Evidence of Financial Hardship

The Department will expect clear and credible information, supported by documentation. Supporting documents may include:

• Bank statements showing low or no funds.

• Evidence of living costs, e.g. rental statements, invoices, utility bills, or grocery receipts.

• Evidence of income, credit or savings, if the applicant has those.

• A statement from the applicant describing their financial circumstances and why they think they are in financial hardship. This statement can also be made as a statutory declaration.

• Statements from family members or friends explaining why they cannot assist the applicant financially.

  
  

Each replacement Bridging visa application is assessed on its own merits. The appropriate evidence to support the claim for financial hardship varies depending on the applicant’s circumstances.

If Financial Hardship Is Established

If financial hardship is established, applicants are deemed to have a ‘compelling need to work.’ If all other Bridging visa criteria are satisfied, they must be granted a another Bridging visa without work restrictions. The replacement Bridging visa will allow the holder to work while they are waiting for a decision on their visa application or appeal.

If Financial Hardship Is NOT Established

If the Department is not satisfied that the applicant is in financial hardship, their application will be assessed against the standard Bridging Visa criteria. Often, they will still be granted a new Bridging Visa but, it will have the same work restriction as before.

For example, if a Bridging Visa A (BVA) holder with a 'No Work' condition applies for a replacement Bridging visa and fails to prove financial hardship, they may be granted another BVA with the same restriction, provided they meet the other visa criteria.

Individuals who are unsuccessful may be able to apply again. A careful consideration will be necessary to determine whether another application is likely to succeed, and how to improve the case for financial hardship.

Final Thoughts

The ability to earn a living is essential for those who are waiting for a decision on a visa application or appeal. With the right approach, it may be possible for Bridging visa holders to gain or regain work rights. For individuals facing financial hardship, providing strong evidence and a well-prepared application is crucial when seeking work rights.

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For more information please Contact Us or email elan@ryshermigration.com.au

Elan Rysher is a Registered Migration Agent and Qualified Student Counsellor. He is the main Writer for ImmiUpdates and the founder of Rysher Migration. Being a former migrant himself, Elan is passionate about helping others fulfil their Australian dream.

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