Detail Question Of The Week



Bridging Visa A (BVA) - 8105 condition - work rights

Category:Bridging visas

Question asked

Hello,

my name is S.

I am currently on a bridging visa A as I have applied for a subclass 457 sponsor visa.

Before the BVA came into effect I was on a student visa (subclass 572).

The student visa expired on 25th June and the same day the BVA came into effect.

I completed my course (Adv Dip of Business) on 25th April and the same day my CoE expired.

Therefore, from 25th April to 25th June, according to 8105 condition, as my course was not in session, I possessed full working rights (unlimited working hours).

My question is: now that I am on a BVA, which also has the 8105 condition, am I still entitled to work unlimited hours?

Thank you

Answer provided by our agents

Dear S.,

Thank you for giving us the opportunity to assist you on your visa matter.

In your scenario, Condition 8105 impose the following limitations on a visa -

1. The holder must not engage in any work in Australia before the holder's course of study commences.
THIS IS IRRELEVANT TO YOU NOW.

2. The visa holder must not engage in work in Australia for more than 40 hours a fortnight during any fortnight when the holder's course of study or training is in session unless it is a requirement of the course of study.
YOUR COURSE HAS OFFICIALLY ENDED SO THIS DOES NOT APPLY TO YOU.

As you are not waiting to either start a course and neither is your course in session,
YOU HAVE NO RESTRICTIONS ON YOUR WORK RIGHTS.

Please find attached further information which clarify your entitlements and work rights giving you the peace of mind you are looking for.

Once a decision is made on your 457 visa application to grant the visa, you will be bound by the conditions on that visa.

Thank you for using Ask an Agent. If you need further services from myself or a registered migration agent, please contact Amy at amy.jacobson@ask-an-agent.com.au