No Work Right on a Bridging Visa E

Are you on a Bridging Visa that does not give you the right to work? The Subclass 050 bridging visa, commonly known as a ‘Bridging Visa E’ (BVE), is issued to visa applicants who overstayed their visa and either continue to remain in Australia or have applied for another visa and are awaiting determination. This is often the case for many protection visa applicants. In many, if not most cases, the BVE will be issued with a condition called ‘8101’, which prohibits the visa holder from working. A person who holds a visa with restricting conditions attached may apply for a further Bridging Visa E to have restrictions such as ‘no work rights’ removed. In particular, protection visa applicants will need to demonstrate that they have both a compelling need to work and also either that: 1. There is an ‘acceptable delay’ from the time they came to Australia and applied for a protection visa and also from the time their original visa expired and they applied for a protection visa, or; 2. They applied for a protection visa and as a result were granted a Bridging Visa A (Class WA) or Bridging Visa C (Class WC), and their application is ongoing but their bridging visa has ceased. It can be difficult for an applicant to demonstrate that they have acceptable reasons for delaying in making a visa application, especially if there are periods of time before their application when they have been in Australia but have been unlawful. Factors that may assist to prove the delay was acceptable is determined case by case. For example: 1. Changes to an applicant’s circumstances in their home country; 2. Engagement in activities in Australia or abroad that has made the applicant eligible for refugee status; 3. The applicant encounters circumstances beyond their control; 4. There are compelling circumstances that prevent them from making an application on time; 5. An error made by the Department, such as administrative error; Often, Hunter Shafiz Lawyers assists clients in these matters with promising outcome. Most recently we assisted a client to obtain a further Bridging Visa E with working rights in circumstances where they had transitioned from a student visa that was overstayed, and then applied for a protection visa. We provided 25 pages of submissions and evidence to prove the delay in applying for his protection visa after he became unlawful was ‘acceptable’. If you are currently the holder of a Bridging Visa E without working conditions and are seeking advice about whether you may be eligible to apply for a new visa with working rights, please contact our office on (02) 9682 5433 or via email at info@huntershafiz.com.au. We note that the above information is general only and does not constitute legal advice. It is important to speak to an expert if you are looking to obtain legal advice about a situation affect