# Bridging Visa A - can you work?



## KarenVG (Feb 21, 2015)

Hi
We are considering applying for an onshore Partner Visa for my Italian partner. He would need to enter Australia on a 3 month tourist visa and then apply for it during this time. My understanding is that he would be issued with a Bridging Visa A whilst the application is being processed.

Would he be allowed to work in Australia on this Bridging Visa, whilst he is waiting for the outcome of the partnership application, which I've heard can take over 12 months? 

I have tried to read up about this but it is confusing!


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## Mish (Jan 13, 2013)

Once the BVA kicks in he has unlimited work rights.

If he comes on a tourist visa just make sure he doesn't start working until the BVA commences which is after the tourist visa haa expired.


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## jmarks (Feb 16, 2015)

Mish said:


> Once the BVA kicks in he has unlimited work rights.
> 
> If he comes on a tourist visa just make sure he doesn't start working until the BVA commences which is after the tourist visa haa expired.


Hi Mish - do you know if this is the same for people on a Working Holiday Visa 417 that are going to apply for Onshore partner Visa, unlimited working rights on BVA?

Also, does the BVA kick in only when the original visa expires or when you apply for Partner Visa?

thanks!!


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## Mish (Jan 13, 2013)

jmarks said:


> Hi Mish - do you know if this is the same for people on a Working Holiday Visa 417 that are going to apply for Onshore partner Visa, unlimited working rights on BVA?
> 
> Also, does the BVA kick in only when the original visa expires or when you apply for Partner Visa?
> 
> thanks!!


Same for those on a WHV that apply for a partner visa. The BVA will have unlimited work rights.

The BVA kicks in when the original visa expires.


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## ozluck (Mar 7, 2013)

Mish said:


> Once the BVA kicks in he has unlimited work rights.
> 
> If he comes on a tourist visa just make sure he doesn't start working until the BVA commences which is after the tourist visa haa expired.


Hi, Mish. My current visa is student visa and have lodged partner visa. My bridging visa A will be kicked in very soon. Will i have unlimited working rights or same working rights as student visa? Thanks.


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## Mish (Jan 13, 2013)

ozluck said:


> Hi, Mish. My current visa is student visa and have lodged partner visa. My bridging visa A will be kicked in very soon. Will i have unlimited working rights or same working rights as student visa? Thanks.


Unlimited works rights once the BVA kicks in


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## Maggie-May24 (Jul 24, 2011)

When applying for a partner visa from another substantive visa, the BVA will come with unlimited work rights.

When applying for other visas (e.g. work visas), the BVA may not have unlimited work rights.


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## KarenVG (Feb 21, 2015)

This is what I read on the immi.gov.au website which confused me:

_*Working in Australia while you hold a BVA*

We will tell you if you can work when your BVA is granted.

If your BVA does not let you work in Australia, or has restrictions on working, you can apply for another BVA that lets you work. To be considered for a BVA that will let you work, you will usually have to show that you are in financial hardship.

We will assess your circumstances in relation to your claim that you need to work. If you do not meet the requirements for work, and you are still eligible for a BVA, we will grant you a new BVA with the same work prevention or restriction condition that was on your previous BVA.

You cannot be granted a new BVA that lets you work if:

your BVA was granted to you because you have applied for judicial review of the decision made on your substantive visa application, and
that BVA prevents or restricts you from working in Australia._

But based on your replies, Mish and Maggie, this only applies in special cases.


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## jp1985 (Apr 1, 2014)

You should check the BVA attachment that was sent to you at your email (if you applied online). It mentions whether you have the work right or not. Mostly, from the Partner visa appliaction, you will have unlimited work right once it kicks in.

Normally, it is stated in the BVA sent to you as below:

*Permission to work
When your Bridging visa (class WA) is in effect, you will have full permission to work.*


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## KarenVG (Feb 21, 2015)

jp1985 said:


> You should check the BVA attachment that was sent to you at your email (if you applied online). It mentions whether you have the work right or not. Mostly, from the Partner visa appliaction, you will have unlimited work right once it kicks in.
> 
> Normally, it is stated in the BVA sent to you as below:
> 
> ...


We have not applied yet, but I just didn't want to take the risk of him quitting his well paid job here in Italy and the 2 of us moving to Australia, if there's a chance that he would not be able to work for 12 - 15 months whilst they are processing the application.

Also on the "Partner Visa" booklet from the Immigration website it says

_"Once their previous visa ceases, Partner visa applicants with an associated Bridging visa A or Bridging visa B MAY be immediately eligible to work in Australia."_

It is the "MAY" that frightens me. Do you know under what conditions someone would NOT be allowed to work on the bridging visa?

I'm sorry for labouring this point, I just want to be absolutely sure. It almost seems too easy that you can just arrive in Australia and start working immediately (once tourist visa finishes). Thanks again!!


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## jp1985 (Apr 1, 2014)

KarenVG said:


> We have not applied yet, but I just didn't want to take the risk of him quitting his well paid job here in Italy and the 2 of us moving to Australia, if there's a chance that he would not be able to work for 12 - 15 months whilst they are processing the application.
> 
> Also on the "Partner Visa" booklet from the Immigration website it says
> 
> ...


I believe everyone now who have applied 820 visa from tourist visa onshore has been granted BVA with work right. It may be way back before that BVA doesn't come with work right. I haven't found anyone that has the BVA from partner visa been granted without work right.

The reasons that i can think of someone cannot work under bridging visa is if he/she breached the substantive visa (in this case is the tourist visa that your partner will get). E.g. working on a tourist visa. Then immigration will most likely cancel the substantive visa. However, he may not be deported as he has applied 820 visa but he needs to apply for a BVE (Bridging Visa E) and BVE doesn't come with work right. This is just a scenario that I can think of. Maybe other senior member or mod can answer better.

Is there a reason why he doesn't apply offshore? Have you both lived together over 12 months (and maybe shared expenses)?


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## KarenVG (Feb 21, 2015)

jp1985 said:


> Is there a reason why he doesn't apply offshore? Have you both lived together over 12 months (and maybe shared expenses)?


Well we are currently living in Milan, but my study visa will be expiring in July and I will have to return to Australia, so we thought rather than having many months apart, we would go to Australia together and apply there.

We started living together end of April 2014, so by the time we apply for the visa we would have satisfied the 12 month requirement.


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## Rimmel (Jan 25, 2015)

KarenVG said:


> Well we are currently living in Milan, but my study visa will be expiring in July and I will have to return to Australia, so we thought rather than having many months apart, we would go to Australia together and apply there.
> 
> We started living together end of April 2014, so by the time we apply for the visa we would have satisfied the 12 month requirement.


Hey KarenVG,
Just quickly and friendly check, you're living together in Australia since April 2014? Or in Milan? Pls, don't get me wrong, I am asking because I know people who applied for partner visa, living in overseas together, not in Australia, and get rejection  So make sure your evidences from Australia, e.g. rent agreement, joint bank account etc.

Good luck and all the best for you


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## Homesickaussie (Oct 16, 2014)

Rimmel said:


> Hey KarenVG,
> Just quickly and friendly check, you're living together in Australia since April 2014? Or in Milan? Pls, don't get me wrong, I am asking because I know people who applied for partner visa, living in overseas together, not in Australia, and get rejection  So make sure your evidences from Australia, e.g. rent agreement, joint bank account etc.
> 
> Good luck and all the best for you


You DON'T have to live together in Australia for 12 months to qualify for a visa. You just need to live together for 12 months (anywhere in the world) and have the evidence from wherever you have lived together in order to apply.


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