Bridging Visa and Work Rights

myoshke

Hi, does anyone here have granted a bridging VISA (relating to the application of PV 820) that does not allow you to work? What are the circumstances that the bridging will not allow you to work or has restrictions in working? And, was it difficult to find a work if you are under a bridging visa?

Cassey

@myoshke What Bridging Visa did you get? Because there’s BVA to BVE. And each Bridging Visas vary.

myoshke

hi @Cassey, Thank you for your response I havent lodge the application yet, but I am to lodge the application first week of Feb as we are are still gathering the requirements. I'm just afraid that I'm not allowed to work while under the BV.

Cassey

@myoshke No worries, The Bridging Visa that they will issue will depend on your circumstances (whether you have a substantive visa or not) and the visa that you are holding upon your application to PV 820.
There are 5 types of Bridging Visas and each type have their set of conditions. If you wanna read on it here is the link: https://www.homeaffairs.gov.au/Trav/Visi/Visi/Bridging-visas

moogz02

Hi @Cassey Iverify ko lang po kung tama pagkakaintindi ko sa BV. If 189, 190 or 489 automatic may bridging visa ka na in case nalodge mo na visa mo? And with workrights since kasama sila sa mga selected visa in case mag expire yung current visa ko which is student visa sa Australia? Thanks po.

Cassey

@moogz02 Hi, yes may kasama siyang Bridging visa. It will depend though kung ano yung current na visa na hawak mo by the time of your lodging and at the same time your circumstances. Just make sure that you will lodge prior to the expiration of your visa to avoid staying here unlawfully and so that you’ll get BVA which has full work rights. Bridging visa will only take effect once your current visa ceases.

moogz02

@Cassey Uhmm.. Paano po kung visitors visa lang, wala po syang work rights. Magkakaroon padin po kaya ng work rights yun? Salamat po.

cucci

@moogz02 If you are already in Australia and apply for a substantive visa, a bridging visa is granted to avoid making you a UNC (unlawful non-citizen). So if you hold a student visa, visitor visa and has received invitation for say 189 or 190 or for 482 visa you are granted a BV which will take effect when your previous visa has expired and the application for another substantive visa has not been finalized yet.
Ordinarily a BV does not confer working rights, save perhaps when you're on a student visa which has prior working rights but if on a visitor visa, thus without work rights, your BV may not have work rights automatically. You can, however, request for a limited work rights to be granted if you are or will face hardship during the waiting period for the substantive visa being applied for to be finalized.
I was on visitor visa when I entered and was granted BVA without work rights when I applied for a substantive visa. So after about a month I communicated to immigration that I may not be able to sustain myself without work for the next month and thus requesting for work rights. I was advised to provide immigration with my budget, receipts of expenditures for the past month and my bank account(s) balances.

moogz02

So the decision with regard to the request of working rights will still depend on the documents you provided? Am I right ma'am @cucci ? And did they grant you that work right after the submission?

cucci

AFAIK, yes. They will verify the merits of your request for work rights depending on the documents you provide. If I remember correctly the term they used was something like financial distress.
I was not granted work rights on the BVA anymore because a few days later my substantive visa was granted.

Cassey

@moogz02 Just be careful because having a Visitor Visa doesn’t always guarantee that you can apply onshore. If there is a “no further stay clause” then you have to go back to Ph and apply overseas.

batman

@cucci @Cassey may BV din ba pag nag apply the student visa onshore ang current visa nya is subclass 600. walang no further stay clause.

Cassey

@batman Oo, may BV. Ang pinakamataas na BV is BVA, pinakamababa is BVE. Usually, nakecarry over yung conditions from the previous visa. Tsaka lang siya magtetake into effect once na nagcease na yung prior visa.

batman

@Cassey thanks.

moogz02

@Cassey @cucci Thank you po.

sia_27

@Cassey @cucci magtatanong lang po about 820. Let say magrant ng TV multiple entry without 8503 condition, possible na po ba magapply ng 820 during the 2nd month of the first entry? Then the BVA will take effect after mag end TV validity? So meaning po kung lalabas kami ng pinas after lodging, under TV pa rin ang visa namin?

If sept 2019 po expiration ng TV multiple entry
First entry: sept 22 2018
Return ticket: Dec 14,2018
Is it possible/safe to lodge 820 application on Nov 30, 2018?

cucci

@sia_27 Sorry I am not well versed on the nuances of the 820 Temporary Partner visa and its relation to the BV and visitor visa. May condition kasi na dapat nasa Australia kag pag lodge ng application at sa time na may decision ang application.
You must be in Australia when you lodge your application and when a decision is made on the temporary Partner visa (subclass 820).
Sa pagkakaintindi ko, kahit na nung pagkadating mo pwede ka nang mag-lodge ng application. Ang medyo tricky ay yung dapat nasa Australia ka "when a decision is made". Since matagal ang processing times (19-24 months), expired na yung TV mo by that time. So kailangan na bago mag-expire ang TV mo ay makabalik ka sa Australia para magamit ang BV.
Am sure others can share their experience and/or thoughts on the matter... or better yet consult an agent.

sia_27

Thanks po @cucci sa insights! God bless po!

Cassey

@sia_27 I think it’s possible to apply for a partner visa, though makakakuha ka ng BVA, it will have the same terms as your previous visa which is TV so meaning hindi ka makakapagwork. BVA doesn’t have travel rights but you can apply for BVB if you need to travel.. Yes, BV will start to take in effect once your TV ceases so I think pwede kang umuwi and return on Dec before your current TV expires. Maybe try to ask an agent to confirm or call immi medyo technical kasi ang BVs and I don’t want to give you a wrong advice.

dennis_tan

Hi everyone,


I have applied the Subclass 461 New Zealand Citizen Family Relationship (Temporary) visa. My substantive visa is Tourist visa. When I submitted my application I was given a Bridging visa A with no working rights.

I would like to ask for an advice on how to change the condition and have working rights on my BVA. they stated on the home affairs website they may only change if I provide proof of hardship.

I plan to submit an appeal will use financial and professional hardships as my reason.
Has anyone tried and was successful? I would like to know what documents you used to prove these claim.

My situation is my wife is working as casual RN and works40hrs per week. She might land a permanent full time position this month and I plan to submit my appeal this January 2019.
I have been in australia since Aug 30,2018, went out of the country Nov for 2 weeks and then back here again. So Ive been out of work of 3 months now. Since my wife works casual and has good hours, the money in our bank has been okay so far. The reason why stating this is because I fear that they might not think i'm having a hard time financially?

I hope you guys can share a thing or two in this matter. Thank you po.

boogie789

Hi po! May nagtry na po ba sa inyo mag-apply from student visa to an onshore partner visa 820? Kamusta po? TIA

msairra

hi guys. my partner and I lodged our visa offshore last Nov 2018.
Im planning to visit him in Aus before the year ends since I have a tourist visa approved nman and it will expire June 2019. We're thinking of extending my stay incase wla pa ding approval after that date. Are we allowed to apply for a bridging visa?
nkikita ko kse parang pwede lng cia pag ng-apply kme onshore

straw091683

@Cassey does all BVA hold full working rights?

Cassey

@straw091683 i don’t think so. It depends on the conditions attached to the Bridging Visa. It also depends on your prior visa. If you’re not sure, you can check it thru Vevo.

itsdaryllp

@Cassey ask ko lang, magapply kasi kame partner visa onshore, mag expire yung TV ko ng febuary, iapply sana namen next week yung visa, once magexpire ba yung visa automatic na nakabridging na ako, then may work righths ba yun? Thanks

Cassey

@itsdaryllp Automatic na may bridging visa pero yung work rights that I don’t know. Conflicting kasi yung mga nababasa ko.I hope someone will be able to answer your query.. Yung kakilala ko kasi from Student Visa to PV kaya may work rights. Ewan ko lang pag TV. Try to search the forum baka may gumawa na ng ganyang route.

Cassey

@msairra I don’t think you are eligible to apply since nakalodge na. Matagal ang PV, my Aussie friend’s Albanian hubby has been waiting since 2016. Napanganak na yung baby at 2yrs old na but until now they haven’t received the grant yet.

jemusu

Hello! May I ask how to get or apply for bridging visa? My wife has visa 482 and we dont know if that will give me the "working rights" while applying as subsequent. I currently hold visitor visa but not yet in Australia. Also, is it better to apply on-shore than off-shore for subsequent visa (regardless if 482 or PR visa)? Thanks

cucci

jemusu said:

Hello! May I ask how to get or apply for bridging visa? My wife has visa 482 and we dont know if that will give me the "working rights" while applying as subsequent. I currently hold visitor visa but not yet in Australia. Also, is it better to apply on-shore than off-shore for subsequent visa (regardless if 482 or PR visa)? Thanks

One does not apply for a bridging visa. A bridging visa is a temporary visa. It allows you to stay in Australia after your current substantive visa ceases and while your substantive visa application is being processed. It can be granted if you lodge an application in Australia for a substantive visa while you still hold a substantive visa.

Your wife can apply for 482 Subsequent Entrant visa for you and your child(ren) provided you and your child(ren) have been included in the nomination form from her sponsor/employer during the initial process of sponsorship. If granted 482 visa, you will have full working rights.

If you have not been included in the nomination, there is a separate filing process for partner visa and child visa.

If you are on-shore during filing and since you're on visitor visa, you can be granted a bridging visa which will take effect once your visitor visa lapses if the 482 visa is not yet granted. Normally, it takes about 2 weeks to one month for the process assuming all documentation is in order. The bridging visa may or may not allow you working rights.

auyeah

Hello @cucci just wanted to confirm lang po, we lodged an application for a PR Visa last month (offshore - here in Manila) and we are planning to visit Australia this year using a Tourist Visa can we apply for Bridging Visa and wait for our PR visa decision in Australia?

cucci

@auyeah I am not sure... AFAIK, the bridging visa is not applied for but rather granted as intermediate/temporary visa when holding a substantive visa and then applying for another visa to allow the applicant to legally stay in Australia when the current visa expires and there has been no decision yet on the other visa being applied for. One can apply for a bridging visa that has work or travel rights if the current bv does not have those rights. I have not heard however of applying for a bridging visa directly while holding a substantive visa. Perhaps there are others who have such experience.

The danger, I think, with you situation is that the system might overlap with 2 current applications, your PR visa and visitor visa. If your PR visa is approved first and then subsequently your visitor visa, the latter will supersede/negate the former. Again, this is just an opinion. I am not even sure if the system will allow you to apply for a visitor visa with an existing application for a PR visa.

Perhaps may iba na naka-experience...