Are you currently on a Bridging Visa A (BVA) or Bridging Visa C (BVC) and experiencing work restrictions in Australia? Understanding the criteria for obtaining a BVA or BVC with permission to work is essential if you face financial hardship or have other compelling reasons to work. This comprehensive guide covers everything you need to know to navigate these requirements successfully.
Understanding BVA and BVC Conditions
A Bridging Visa A (BVA) is often granted with conditions that may include restrictions on work, depending on the applicant’s circumstances. A Bridging Visa C (BVC), on the other hand, is always granted with conditions that prohibit the holder’s ability to work legally in Australia. This can be challenging if you find yourself in a position where working is necessary during your stay in Australia. It’s important to know that if your current visa includes work restrictions, you might be eligible to apply for a new BVA or BVC with work rights, provided you can demonstrate a compelling need to work.
Eligibility Criteria for BVA and BVC
Under the Australian migration legislation, the compelling need to work criterion for BVA holders and BVC holders is applicable if:
– You hold a BVA or BVC that was granted following a valid application for a substantive visa which can be granted while you are in Australia.
– Your current visa includes conditions that limit your ability to work.
– You are in financial hardship.
How to Apply for Work Rights
To apply for a BVA or BVC with no work restrictions, complete the relevant application form. Depending on your circumstances, it can be submitted on paper or through Immi Account online. Your application needs to clearly demonstrate your financial hardship or other compelling reasons that necessitate you to work in Australia.
Key Points in the Application Process
Financial Hardship: Demonstrate that not being able to work would lead to severe financial difficulty.
No Age Limit: There is no age restriction for applicants; even minors can be granted a BVA or BVC with permission to work if they meet the criteria.
Case-by-Case Assessment: Each application is assessed individually to determine whether the compelling need to work criteria are met.
What If Your Application Is Not Approved?
If you do not meet the ‘compelling need to work’ criteria, your application will still be reviewed under other relevant criteria. If eligible under those, you may still be granted a BVA or BVC, but with the same work restrictions as your previous visa.
Seeking Professional Advice
Navigating the complexities of BVA and BVC conditions and work permissions can be daunting. If you find this process overwhelming or need assistance in proving your compelling need to work, consulting with an expert migration agent can be invaluable. At Heenan & Browne Visa and Migration Services, we specialise in Australian migration law and can help you understand and navigate your visa options effectively.
Ready to Take the Next Step?
Don’t let visa conditions hold you back. Contact us today by booking an appointment to discuss your specific circumstances with our expert migration agents in Canberra, Sydney, Melbourne, Cairns and Brisbane. Let us help you make the most of your opportunities in Australia.
