Confused about work rights on Bridging Visa A
#1
monkey lover
Thread Starter
Joined: Jan 2007
Location: Melbourne
Posts: 26
Confused about work rights on Bridging Visa A
Hi all, would be really grateful for any help on this. After finishing my course I finally applied for an onshore de facto visa on 21 January... yippee! My student visa ran out yesterday so as of today, I'm on bridging visa A.
Now, I had permission to work under the student visa - part-time (20hrs pw) during semesters and full-time (40hrs pw) during vacation time - so my permission to work rolls onto my bridging visa. My EVO states my bridging visa condition as clause 8105: 'Work limitation: During semester, the visa holder cannot work for more than 20 hours a week unless the work is a requirement of the course. During vacation, the visa holder can work full time.' So far so simple.
However, I was under the impression I'd be able to work full time because my course had well and truly finished when I applied for the de facto visa (official end date of my course: 31 Dec 07). So I called DIAC today and they said that as I applied for the de facto visa during the official summer vacation of my school (Uni of Melb), I can work full time.
'Yippee' I hear you say, 'the almighty DIAC has spoken... go forth and work 40 hrs pw'. But I have nothing official stating this and don't want to do something wrong and have to deal with the consequences down the track.
So... getting to my point... my question is: has anyone had the same experience? Can anyone help or shed any light on this?
Many many thanks, Fay
Now, I had permission to work under the student visa - part-time (20hrs pw) during semesters and full-time (40hrs pw) during vacation time - so my permission to work rolls onto my bridging visa. My EVO states my bridging visa condition as clause 8105: 'Work limitation: During semester, the visa holder cannot work for more than 20 hours a week unless the work is a requirement of the course. During vacation, the visa holder can work full time.' So far so simple.
However, I was under the impression I'd be able to work full time because my course had well and truly finished when I applied for the de facto visa (official end date of my course: 31 Dec 07). So I called DIAC today and they said that as I applied for the de facto visa during the official summer vacation of my school (Uni of Melb), I can work full time.
'Yippee' I hear you say, 'the almighty DIAC has spoken... go forth and work 40 hrs pw'. But I have nothing official stating this and don't want to do something wrong and have to deal with the consequences down the track.
So... getting to my point... my question is: has anyone had the same experience? Can anyone help or shed any light on this?
Many many thanks, Fay
#2
Re: Confused about work rights on Bridging Visa A
Hello Fay,
Bridging Visa A normally have exactly the same work conditions as the visa you had, I would therefore assume that you can work full-time during the official holiday period and part time during the school/university term.
Maybe the person you spoke to meant this?
Normally if there is a work restriction of a bridging visa you need to apply for a new bridging visa for unlimited work rights. This will only be granted if you prove a "compelling need to work".
But if you have applied for a spouse visa it really shouldn't be that long before that is granted!
I would seek written clarification, you don't want to get caught out.
Cheers,
Veronika
Bridging Visa A normally have exactly the same work conditions as the visa you had, I would therefore assume that you can work full-time during the official holiday period and part time during the school/university term.
Maybe the person you spoke to meant this?
Normally if there is a work restriction of a bridging visa you need to apply for a new bridging visa for unlimited work rights. This will only be granted if you prove a "compelling need to work".
But if you have applied for a spouse visa it really shouldn't be that long before that is granted!
I would seek written clarification, you don't want to get caught out.
Cheers,
Veronika
#3
Account Closed
Joined: Sep 2007
Posts: 5,768
Re: Confused about work rights on Bridging Visa A
In the end I spoke to a supervisor who explained altho Bridging Visa A does hold the same rights as previous visa (Student), once you've completed your studies you are now 'out of session' so have unlimited working rights ...
I asked if a letter could be sent to clarify, and she said she couldn't but to take her name, date, time of call etc if there's any probs in the future.
Hope that's of some use.
#4
Account Closed
Joined: Sep 2007
Posts: 5,768
Re: Confused about work rights on Bridging Visa A
Oh and just checked my Student / PR application folder and I still have the ladies name etc if you come into any trouble ...
#5
Re: Confused about work rights on Bridging Visa A
Same for me as for Paul and Nic - was told I had unlimited work rights!
#6
Re: Confused about work rights on Bridging Visa A
Any particular reason why you didn't apply for a skill based visa?
#7
monkey lover
Thread Starter
Joined: Jan 2007
Location: Melbourne
Posts: 26
Re: Confused about work rights on Bridging Visa A
Phew, thanks for your help... encouraging news. I think I'll call DIAC again on Monday as I stupidly didn't take details of the person I spoke to.
JAJ - I'm not eligible... not enough points (105), aussie family not eligible to sponsor (adoption reasons) and despite a degree and 8 yrs' good experience, no companies would sponsor me. All very complicated but I came over on a holiday visa, then quickly decided to study (postgrad not degree) and now have over 14 months of living with my partner and a truckload of evidence going back 3 years.
Believe me, this has been a very long process which is why I'm so desperate to finally be able to work full-time again.
Thanks again guys, esp. PaulandNic... been following your story and its great things are working out for you.
JAJ - I'm not eligible... not enough points (105), aussie family not eligible to sponsor (adoption reasons) and despite a degree and 8 yrs' good experience, no companies would sponsor me. All very complicated but I came over on a holiday visa, then quickly decided to study (postgrad not degree) and now have over 14 months of living with my partner and a truckload of evidence going back 3 years.
Believe me, this has been a very long process which is why I'm so desperate to finally be able to work full-time again.
Thanks again guys, esp. PaulandNic... been following your story and its great things are working out for you.
Last edited by FayWray; Feb 2nd 2008 at 8:04 am.