If your visa has been refused and you’ve lodged an appeal with the Administrative Review Tribunal (ART), one of the most pressing questions is: can you work while waiting for a decision? The answer depends on your bridging visa conditions and the type of visa that was refused.
Your Bridging Visa During the Appeal
Need help with your specific case?
A 30-minute consultation with a MARA-registered migration agent for $85, credited toward your full application.
When your visa is refused and you lodge an appeal with the ART within the required timeframe, you’re typically granted (or your existing bridging visa continues as) a Bridging Visa A (BVA) or a Bridging Visa C (BVC), depending on your circumstances.
The conditions on your bridging visa — including whether you can work — are set based on the type of visa you originally applied for and the regulations that apply to your bridging visa class.
Work Rights on a Bridging Visa After Student Visa Refusal
If your Subclass 500 Student Visa was refused and you’re now on a bridging visa while your ART appeal is being considered, your work rights depend on the conditions attached to your bridging visa. In many cases, a BVA associated with a student visa application will carry Condition 8105, which limits you to working a maximum of 48 hours per fortnight during study periods.
However, if you’re no longer enrolled in a course (because your visa was refused), the practical application of this condition can be complex. Migration professionals have noted that you should carefully check your VEVO to confirm your current work entitlements.
Can You Apply for Full Work Rights?
In some circumstances, you may be able to apply for a change of conditions on your bridging visa to obtain full work rights. This is typically done through a Bridging Visa A application with a request for permission to work (Condition 8101 — no work limitation).
To be granted full work rights, you generally need to demonstrate financial hardship — that you need to work to support yourself while waiting for your appeal to be decided.
Important Considerations
- Check VEVO regularly: Your visa entitlements can change. Always verify your current work rights through the Visa Entitlement Verification Online (VEVO) system
- Don’t assume you can work: Working without the proper visa conditions is a serious breach that can affect future visa applications
- Timing matters: If you’re considering applying for a change of conditions, do so as early as possible. Processing times can vary
- Keep your appeal strong: While work rights are important for your day-to-day life, don’t lose sight of building a strong case for your ART appeal
Navigating work rights during an appeal can be confusing, and the rules vary depending on your individual circumstances. Getting the right advice can make a real difference to both your immediate situation and the outcome of your appeal.
Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal or migration advice. Visa rules and policies can change, and individual circumstances vary. We recommend booking a consultation with one of our registered migration agents to discuss your specific situation.
Related Articles You May Find Useful
- Need to Correct Your Date of Birth in Immigration Records After Becoming a Citizen?
- Partner Visa and Sponsor Criminal History: How Convictions Affect Your Application
- 407 Training Visa Refused With No Review Rights? That Might Be Wrong
- 482 Visa Nomination Transfer: What Happens When the Stream Changes?
- DAMA Nomination and TSMIT Changes: What Salary Should You Offer?
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
Clear advice. Practical next steps.
Discuss your circumstances with a registered migration agent
Book a focused 30-minute consultation to understand the options, risks and evidence relevant to your matter.