The Right to Work!
Although the right to work may be considered an human right for visa holders the right to work is governed by a complex set of laws and regulations. Nowhere is this more apparent when dealing with the bridging visa regime.
In this post I wish to give a broad outline of the legal concepts that underpin the “work right” conditions as set out under the Australia Immigration law.
I would recommend you read this in conjunction with my post on Bridging visas. At the outset give the difficult and dynamic nature of this particular section of visa/migration law, be advised this should be read mere as information and it is not to be consider legal advice. We would suggest if you have any concerns or question you make an appointment to see us to seek formal legal advice.
How to Apply for Permission to Work in Australia This post sets out the steps you need to check you Bridging visa conditions, work out your eligibility for a Bridging visa with work rights and apply for a Bridging visa with work rights. Once you have been granted a Bridging Visa, you may be allowed to work in Australia. To check you will need to see if there are conditions on your Bridging Visa preventing you from working or limiting your ability to work. If you have condition ‘8101 No Work’ on your Bridging Visa you cannot legally work in Australia. If you breach condition 8101 your Bridging Visa could be cancelled meaning you will be at risk of being detained and/or removed from Australia. In certain circumstances, where you have condition 8101 on your Bridging Visa, you can apply for a new Bridging visa which does not have this condition.
To check the conditions on your Bridging Visa, you can:
• Check your bridging visa grant notice; or
• Conduct a search via the Department of Home Affairs ‘Visa Entitlement Verification Online’ (VEVO) service using your Immi Account.
If your visa does not have condition 8101 No Work, this means that you can legally work in Australia. If your visa has condition 8101, you may be able to apply for a new Bridging visa without this condition.
Whether you can apply for work rights depends on which Bridging visa you hold, what conditions are on that visa and where your case is up to. If your case is being reviewed by a court, and you have a Bridging visa with no work rights, there is no way to apply for work rights. You will only have work rights if these were on the last Bridging visa you held. If your case is being considered by the Department, the AAT or the IAA, you can apply for work rights if you are able to meet certain criteria. These criteria depend on whether your bridging visa is a Bridging Visa C, or a Bridging Visa E. To be eligible: • Bridging visa C holders need to demonstrate a ‘compelling need to work’, which requires you to demonstrate that you are suffering financial hardship. • Bridging visa E holders need to demonstrate a ‘compelling need to work’, which requires you to demonstrate that you are suffering financial hardship, as well as satisfy the Department you have an ‘acceptable reason for your delay’ in applying for a Protection visa. This means you need to explain why you did not apply for a Protection visa earlier.
So if you or anyone you know want work rights and hold a Bridging Visa or their Temporary Work or a Student Visa refused, rejected or cancelled contact us to discuss your Appeal or Review options. Remember TRUST ONLY a Master Migration Lawyer and make an appointment with AR LAW Services: Master Migration Lawyer.
Call 03 9614 0218 or email firstname.lastname@example.org to make an initial 30 minute consultation at our Melbourne office. (conditions apply)
For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page