When you’re on a Bridging Visa A and B, figuring out how to get work rights can be tricky. These visas are designed to let you stay legal while waiting for decisions on other visa applications, but not all of them automatically allow you to work. Here’s a breakdown of one real-life case and how the issue was handled.
Case Example: Trying to Work on a Bridging Visa B
The Situation
Our client came to Australia on a Visitor Visa and later applied for a Student Visa. When the Student Visa was refused, they appealed the decision to the Administrative Appeals Tribunal (AAT) and were granted a Bridging Visa A (BVA). Before the appeal was decided, they applied for a BVB to travel overseas. While they were offshore, they lodged an application for a 482 visa (Temporary Skill Shortage) and returned to Australia on their BVB.
When they got back, they wanted to work for the employer sponsoring their 482 visa. The problem? Their BVB had Condition 8101, which bans them from working. The challenge was figuring out how they could get permission to work.
How the Rules Work
- Work Rights on a BVB
- A BVB allows travel while keeping your bridging visa status. However, it usually carries the same conditions as your previous bridging visa. If you had a “No Work” condition before, it stays unless specifically changed.
- How to Apply for Work Rights
- Under the Migration Regulations 1994, you can apply to have the “No Work” condition removed. You’ll need to show a compelling need to work, usually tied to financial hardship.
- Limits on Changing Visas
- The rules don’t let you switch from a BVB back to a BVA if you held a bridging visa while applying for a substantive visa offshore. This is why applying for a new BVA would have been invalid.
What We Did
To help the client, we tried these steps:
- Apply to Remove the “No Work” Condition
- We submitted Form 1445, asking for Condition 8101 to be removed from the BVB.
- To support the request, we provided:
- Financial hardship evidence: Bank statements and bills showing they couldn’t afford living expenses without working.
- Employer letter: A statement from their sponsor explaining why their employment was urgent and important.
- Consider Applying for a Replacement BVB
- If the request had been denied, the next option would have been to apply for a new BVB. This would include explaining why the “No Work” condition should be left off due to the client’s circumstances and the employer’s needs.
The Outcome
The Department reviewed the evidence and agreed to remove Condition 8101. This gave the client permission to work for their 482 sponsor while waiting for the visa decision.
Lessons Learned
- A BVB doesn’t automatically let you work. If it has a “No Work” condition, you’ll need to apply for permission.
- Show the Department why you need to work. Include documents like bank statements, rent receipts, and utility bills.
- A detailed letter from the employer explaining the need for you to work can make your case stronger.
- Some rules, like not being able to switch back to a BVA, are strict. Make sure you know what’s possible before applying.
Final Thoughts
Getting work rights on a BVB can be complicated, but it’s possible with the right preparation. Every case is different, so it’s essential to understand the rules and provide strong evidence. If you’re in a similar situation, consider getting advice from a migration professional to help you navigate the process.