Can Employees Work on a Bridging Visa? – Know the Types to Take an Informed Decision

24 Oct, 2018 Vihaan Salaria Bridging Visa

If you wish to know whether your employee and work legally while being on a bridging visa Australia, you need to know the types of bridging visa and the associated obligations to make the right choice. This type of visa is commonly misunderstood part of the migration law in Australia. Here, we’ve consolidated all the required information on bridging visas to make your decision simpler with well-structured information.

What is a Bridging Visa Australia?

A Bridging Visa is a temporary visa typically held when a person waits for his visa application processing, during his stay in Australia. As the name suggests, this visa helps you to "bridge the gap” between your previous visa (i.e. primary visa) and the visa you apply, to let you legally continue your stay in Australia. Remember, your existence in Australia is required for having a Bridging Visa. If you travel outside Australia, the Bridging Visa ceases to continue (except for Bridging Visa B which allows travelling out of the country).

The visa does not come with a fixed date of expiry and is different from a substantive visa which is valid for a specific period for a specific purpose. Though bridging visa allows working legally in Australia, you are not allowed to travel out of the country, while holding a bridging visa.

• Validity

Bridging Visa remains valid for 28 days post the decision of primary visa application is done. That means, in case the substantive visa applied for is refused, the bridging visa ceases to be valid after 28 days of the refusal decision or when the substantive visa is granted.

• Example

An example here can make you understand this well. Suppose a worker applies for a 457 visa during his stay in Australia, he would be granted a Bridging Visa till the 457 visa is processed, if his working holiday visa gets expired

Working Rights of Employees and Hiring During Bridging Visa – Caution

Keeping a check on the immigration status of employees who are on a bridging visa is imperative to ensure whether their legal working rights continue to exist. Since it is valid only for 28 days, hiring a person who holds a Bridging Visa can be problematic, if the primary visa is refused. Bridging Visa A and B have same work rights when granted. However for Bridging Visa C and E, an application needs to be filed for seeking working rights. Careful check on work rights by employees is recommended.

As mentioned earlier, a person is allowed working rights while holding the Bridging Visa. However, it is important to check the conditions related to work rights stated in the Bridging Visa as full work rights are not always granted. Generally, Bridging Visa A has full working rights i.e. same rights as held at the time of original application of primary visa. To know more about the working rights on a Bridging Visa, you can visit the official website.

Continuing the earlier example can make things clear. Suppose, a person on a Work Holiday Visa applies for Visa when his Visa is nearing expiry, his Bridging Visa would continue to have 6 months’ work limitation just like in the primary visa. But, in case, while lodging an application, if the person is on a visitor visa (that means, no work rights in Australia as per primary visa), the same "nil working rights” would continue in a Bridging Visa too.

Let us now look at the 4 primary types of Australian Bridging Visas.

You would come across 9 bridging visa types each having different conditions attached. However, we have discussed only the most preferred ones. BVA, BVE and BVB are amongst the most popular bridging visa types. Note that with each next alphabet in the visa type, the conditions attached become worse off. From the below 4, BVA, BVB and BVC expire 28 days after decision making on primary visa is finalised.

• Bridging Visa A (BVA-Subclass 010):
  1. Most favourable type
  2. Granted when you apply onshore for a substantive visa along with having a previous valid substantive visa
  3. Working rights are same as existing primary visa
• Bridging Visa B(BVB-Subclass 020)
  1. Granted for BVA visa holders for allowing to travel overseas
  2. Same work rights as in BVA
• Bridging Visa C(BVC-Subclass 030)
  1. When a person is already holding a BVA, while applying for the visa i.e. he does not hold existing substantive visa while applying.
  2. There are no specific "by-default” working rights in BVC. One needs to apply for the same.
• Bridging Visa E(BVE-Subclass 050)
  1. When a person is already holding a BVA, while applying for the visa, BVE is granted. BVE is granted in following scenario
     • If you’ve overstayed the visa and are planning to depart Australia already
     • If you’re just about to file application for substantive visa soon and do not hold any valid visa
     • You’re written already and awaiting intervention of the Minister in the absence of a valid visa
     • During immigration detention, if you can satisfy the Minister for and eligibility of BVE on situational grounds.
     • If immigration offer determines that you are eligible for a BVE on finding you without a visa.
  2. There are no specific "by-default” working rights in BVC. One needs to apply for the same.

Solution to ascertain if Your Employee is allowed to Work on His Bridging visa

XL Migration is your one stop solution for all queries related to Visa in Australia. Our experts can guide you clearly about the work conditions applicable to the Bridging Visa of your employee’s

For working rights, the Bridging Visa needs to be valid, so a timely action is important. Contact us at info@xlmigration.com.au or 08 9325 9632 and we would be able to assist you on Australian Bridging Visas in no time.