Can I Get a Bridging Visa With Work Rights Whilst Seeking Judicial Review?
Can I get a Bridging Visa with work rights whilst seeking Judicial Review?
As the name suggests, Bridging Visas ‘bridge’ the gap and ensure an individual remains lawful in Australia whilst they await a decision on another visa application. When examining bridging visas in the context of judicial review, they provide the necessary lawful status whilst a case progresses through the legal system and waits for scheduling on the relevant court docket.
Whilst remaining lawful in Australia is always the primary concern, many individuals should also be aware that obtaining work permission on a bridging visa whilst waiting out an appeal at the courts is not always a given (even if you have a Bridging Visa A). Double-checking this ahead of time could save you much time and heartache whilst you languish away waiting….and waiting.
How Do I Know Whether I Have Work Rights?
When a bridging visa is issued, there are often conditions imposed that govern what an individual can and cannot do whilst the bridging visa is in effect or even impose a positive obligation on the individual to do something when circumstances change (e.g. notify of a change in residential address within a specified time). The grant notification will outline the relevant conditions or one can check on VEVO.
If there are no conditions listed and/or no limitation specifying the amount of work to be undertaken in a specified period (e.g. 40 hours per fortnight), then it is safe to assume that you can work without breaching your bridging visa.
If however your bridging visa has come with condition 8101 imposed, you may not be able to request permission to work whilst judicial review is underway. For example:
A Bridging Visa A holder with condition 8101 imposed cannot apply for work permission pending JR;
A Bridging Visa A or Bridging Visa C holder who is seeking review of a protection visa refusal and had condition 8101 on the last visa they held
A Bridging Visa C holder seeking JR (regardless of whether they had work permission prior to applying for JR).
There are a variety of Bridging visas and whether you have permission to work or are subject to a work limitation that cannot be lifted will ultimately depend on your individual circumstances and the particular bridging visa that you find yourself on whilst waiting for your day in court.
If you want to find out more about Bridging Visas or applying for work permission off your current Bridging Visa, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02-7200 2700 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Korean, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact our office.