Work Rights Bridging Visa




Work rights bridging visas are  possible through application, as under a number of conditions, work rights are not automatically granted.

Bridging visas are granted to provide interim residence status.

The status is required when applications are made for visas from within Australia.

Bridging visas are not granted for applications made outside of Australia.

Bridging visas are granted for a range of reasons and in a range of scenarios. Detailed information is available on the Department’s website.

Work rights on bridging visa A are granted when valid application is made from another substantive visa. (Note, a substantive visa is a typical visa with exception of bridging visas and special purpose visas).

The work rights will carry on from the previous substantive visa held.

Bridging visa C may be granted work rights. This will depend on the visa conditions of the last substantive visa held.

For bridging visa C holders without work rights, application will need to be made. This is called Permission to Work application.

Permission to WorkThe same will apply for bridging visa E holders.

Bridging visa E is the least favoured bridging visa. This means it has the most restrictions of the bridging visas (no work, travel or study rights).

To change this, application also needs to be made.

Work rights on bridging visa E are usually difficult to obtain. To be successful in application, there will need to be ‘grounds’ for applying. That is, you will need a good reason to be making the application.

It is only natural that you need to work to support yourself. However, the Department sees this differently.

The Department operates on the principle, that if you are on a ‘least favoured’ bridging visa, your migration history has had some problems. These problems may be your doing, or may be simple administrative error.

Writing your Permission to Work Application 

If you need to make application for your work rights on a bridging visa, consider the following.

  • Address reasons you are on a bridging visa.
  • Describe your financial support scenario prior to this application.
  • Describe your current financial hardship.
  • Describe how you intend to support yourself with work rights.
  • Provide a time frame you expect to need the work rights.
  • Provide as much supporting evidence with your application as possible.

Feel free to contact us and request our Permission To Work application service. We charge $99 and will draft a comprehensive permission to work application to reflect your personal situation. We will guide you through the application and strive to get the outcome you desire.




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Beware of ‘bogus documentation’ when applying for a visa to travel to or remain in Australia (Part 1)

HOW DO DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION CASE OFFICERS ASSESS FOR BOGUS DOCUMENTS?

cancelBogus documentation is dealt with in s97 of the Migration Act (1954). Bogus documents are defined as being false in a material particular, which basically means documentation that is telling a lie or hiding the truth.

The Act defines a bogus document thus

‘in relation to a person, means a document that the Minister reasonably suspects is a document that:

(a) purports to have been, but was not, issued in respect of the person; or

(b) is counterfeit or has been altered by a person who does not have authority to do so; or

(c) was obtained because of a false or misleading statement, whether or not made knowingly’

The Australian government is presently stepping up efforts to crackdown on all types of migration fraud, such as fake passports and personal identification documents. Cutting edge fraud detection technology and data matching across government departments and with international agencies is further assisting the Department with this aim of reducing, if not eliminating, all forms of migration fraud.

Aside from measures to detect fraudulent visa applications, the Australian government also announced recently the increase in penalties for persons found to be submitting bogus documentation (under the PIC 4020 rule) to dis-allow an individual from applying for another substantive visa for 10 years.

It is also important to note, that ignorance is no protection under the law.

Whether you knowingly or unwittingly submitted information or documents that were false, you can still be liable for this 10 year exclusion penalty.

It is therefore CRITICAL that when you are making application for an Australian visa that all documents (including questions you answer on application forms) submitted to the Department in support of applications are true, genuine and accurate.

If you are not sure, consult a professional migration agent or lawyer.

The following are some simple insights into the way DIBP officers deal with supporting documents and evidence when reviewing your application.

NOTE: Recent MSI (Migration Series Instruction) 292 states that there is no power in migration legislation to refuse an application because the applicant ‘may not be who they say they are or may have presented a bogus document’.

1. Rules in preparing and handling official documents – Birth, Death, Marriage Divorce Certificates – There are local ideosyncrasies and peculiarities with uch official documents. When submitting your application it will help to point this out and explain the differences that may exist. This will help to remove doubts about authenticity of documents and avoid suspicion that you are giving ‘a bogus document’.

Think of other corroborating evidence such as baptismal certificates, local religious or government registries. Be aware that the Department is aware that corruption is a problem in many local official offices. There are limits upon case officers over how deeply they can delve into your past, so if you feel the Department is breaching your privacy rights, consult a legal professional.

Like with any type of visa application, and more generally in your dealings with the Department, it is important to think outside the box and to try to pre-empt the moves of the case officer before they make a decision not favorable to you. It is a good idea to consult with a good migration agent or lawyer on this point if you do not already have an appointed representative.

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