8. 820 Application and Work

Work Rights on a Bridging Visa A – I came to Australia on a 600 visitor visa and applied for an 820 Partner Visa. Will I have work rights on my bridging visa A?

Answer: In the case of a 600 visitor visa holder applying for 820/801 visa, your bridging visa A will only become active once your 600 visitor visa ceases. When your bridging visa is active there is full work rights and nil conditions. This can be traced back to the relevant legislative instrument (LIN23/029) that provides nil conditions to a Bridging visa A that is made in connection with a handful of visa subclasses – the 820/801 being included in those visa subclasses.

Note: In certain circumstances it is possible to become eligible for a bridging visa A in connection with off shore 300 or 309 Partner Visa applicants. LIN 23/029 does not provide work rights and nil conditions for a 300 or 309/100 application. So, you need to understand the operation of schedule 2 for the bridging visa A and how visa conditions are imposed. It will change on the basis of the substantive visa “held” at the time of application of the 300 or 309 application. As a 600 visa has no work rights (condition 8101) then the bridging visa associated with the 300 or 309/100 application will carry forward as this is mandated by subclause 010.611(4) that it must be applied to the BVA if applied to the 600 visa. The devil is in the detail.