A common scenario we see is someone in Australia on a Visitor visa (Subclass 600) who falls in love and decides to apply for a Partner visa (Subclass 820). While this is a valid pathway, one of the biggest surprises for many applicants is that they may not be able to work right away — even after their Partner visa application has been lodged.
Here’s what you need to know about work rights when transitioning from a Visitor visa to a Partner visa.
How Does the Bridging Visa A Work After Lodging a Partner Visa?
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When you lodge a valid Partner visa (Subclass 820) application while in Australia, you’re generally granted a Bridging Visa A (BVA). However, the BVA doesn’t come into effect immediately — it only activates once your current substantive visa (in this case, your Visitor visa) expires or ceases.
The critical point is that the conditions on your BVA are linked to your last substantive visa. Since the Subclass 600 Visitor visa typically has Condition 8101 (no work), your BVA will also initially have no work rights.
When Can You Start Working?
The good news is that once your Visitor visa expires and the BVA activates, you can apply for work rights on your BVA. Partner visa applicants are generally eligible for full work rights on their Bridging Visa A.
However, if you’re still within the validity period of your Visitor visa (especially if it’s a multi-entry visa with months remaining), you’ll need to wait until that visa ceases before the BVA kicks in with work rights.
What If You Need to Work Sooner?
If waiting for the Visitor visa to expire isn’t practical, there are a few options to consider:
- Apply for a replacement BVA: In some circumstances, it may be possible to apply for a new BVA with work rights attached, particularly if you can demonstrate financial hardship
- Wait for the Visitor visa to expire: Once the 600 visa’s stay period ends, the BVA activates and you can request work rights
- Seek professional advice: The interaction between multiple visas and bridging visas can be complex, and the best approach depends on your specific visa conditions and circumstances
Important Things to Remember
- Lodging a Partner visa while on a Visitor visa is allowed, but work rights aren’t automatic
- Your BVA conditions are linked to your last substantive visa
- If your Visitor visa had no work rights, your BVA will initially have the same restriction
- Full work rights are generally available once the BVA activates (after the Visitor visa ceases)
- Planning the timing of your Partner visa application can make a big difference to when you can start working
Thinking About Applying for a Partner Visa?
If you’re on a Visitor visa and considering a Partner visa application, getting the timing and strategy right is crucial for your work rights and visa status. We can help you plan the best approach.
Related Articles You May Find Useful
- Partner Visa: What If You Didn’t Disclose Your Relationship on a Previous Visa Application?
- Ministerial Intervention: What It Is, How Long It Takes, and What to Expect
- Visitor Visa (600): Understanding the Difference Between Visa Validity and Permitted Stay
- What Happens to a 485 Dependent If the Primary Visa Holder Moves to a 482?
- De Facto Partner Visa: Can You Apply If You Haven’t Lived Together?
Disclaimer: This blog post provides general information only and is current at the time of publishing. It is not intended as legal or migration advice specific to your situation. For personalised advice, please book a consultation with one of our registered migration agents.
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