Partner Visa Bridging Visa Work Rights

Partner visa bridging visa work rights are not the same for every applicant. Whether you can work while your partner visa is processed depends on the bridging visa you actually hold, and that depends on how and when your application was lodged. Many couples are told that partner visa bridging visa work rights are "full work rights" in every case. That is correct for most applicants, but not for all of them.

This guide explains partner visa bridging visa work rights for applicants inside Australia who have lodged, or are about to lodge, a combined Subclass 820 and Subclass 801 partner visa application. It covers the Bridging visa A, Bridging visa B, Bridging visa C and Bridging visa E as they arise in partner visa matters, the work conditions that can attach to each, when the bridging visa comes into effect, how to read your own conditions, and how to ask for permission to work if your bridging visa says you cannot. If you want a wider overview of the onshore process first, our complete guide to partner visas in Australia explains every stage. If your situation is already complicated, our partner visa lawyers can check your position before you accept a job or leave one.

Do you have partner visa bridging visa work rights? The short answer

Most onshore partner visa applicants can work without any restriction once their bridging visa is in effect, but only if that bridging visa is a Bridging visa A or Bridging visa B. The law gives Subclass 820 and Subclass 801 applicants who are eligible for an associated Bridging visa A or Bridging visa B a bridging visa with no conditions at all. No conditions means no condition 8101, no limit on hours and no limit on the employer.

The position is different for applicants who did not hold a substantive visa when they lodged. They usually receive a Bridging visa C, and the Migration Regulations 1994 require condition 8101 (no work) to be imposed on a Bridging visa C granted with a partner visa application. Applicants who held a Bridging visa E after their last substantive visa usually receive another Bridging visa E, and under Department policy that visa usually carries condition 8101 as well.

So partner visa bridging visa work rights turn on three facts:

• Which bridging visa was granted with the partner visa application.
• Whether that bridging visa is actually in effect yet.
• Whether any condition on it restricts work.

Our article on whether you can work while waiting for a Subclass 820 visa focuses on the Bridging visa A. This guide goes further and explains every bridging visa a partner visa applicant can end up holding, because partner visa bridging visa work rights only make sense once you know which one you have.

Why the way you lodged decides your partner visa bridging visa work rights

The bridging visa you receive depends on your immigration status on the day the partner visa application is made, and that bridging visa then decides your partner visa bridging visa work rights. The Department does not choose a bridging visa for you based on what would be convenient. The Migration Regulations 1994 set out who is eligible for each bridging visa, and the conditions follow from that.

Lodged while holding a substantive visa: Bridging visa A

If you held a substantive visa (for example a visitor visa, student visa, working holiday visa or temporary skilled visa) when you lodged your partner visa application in Australia, you are generally eligible for a Bridging visa A. Clause 010.211(2) of Schedule 2 requires, among other things, that the applicant held a substantive visa at the time the substantive visa application was made. The online partner visa application is also an application for the Bridging visa A, so there is usually no separate form to lodge.

For a partner visa applicant, the Bridging visa A is the bridging visa that gives the strongest partner visa bridging visa work rights. Under paragraph 010.611(1)(c) and the legislative instrument made under it, Subclass 820 and Subclass 801 applicants receive their associated Bridging visa A with nil conditions.

Lodged without a substantive visa: Bridging visa C

If you did not hold a substantive visa when you lodged, you cannot satisfy the Bridging visa A criteria. If you also do not hold a Bridging visa E and have not held one since your last substantive visa, you are generally eligible for a Bridging visa C. Clause 030.212(2) of Schedule 2 provides for the initial Bridging visa C, applied for on the same form as the partner visa application.

This group includes people whose visa expired before they lodged and people who hold only a bridging visa from an earlier application. These applicants also face the Schedule 3 criteria for applicants who are unlawful or without a substantive visa, which is a separate and serious issue for the partner visa itself. For partner visa bridging visa work rights, the key point is that a Bridging visa C granted with a partner visa application must carry condition 8101 under clause 030.614.

Lodged after holding a Bridging visa E: Bridging visa E

A person who holds a Bridging visa E, or has held one since their last substantive visa, cannot be granted a Bridging visa C. Clause 030.211 excludes them. If that person lodges a partner visa application, the bridging visa that keeps them lawful is usually a further Bridging visa E. The Department's policy is that an initial Bridging visa E normally carries condition 8101 (no work), together with reporting and address conditions, although officers may decide not to impose 8101 in particular cases.

Lodged while holding a bridging visa from an earlier application

Many partner visa applicants already hold a bridging visa when they lodge, for example a Bridging visa A from a student visa application that is under review. A bridging visa is not a substantive visa. That person did not hold a substantive visa when the partner visa application was made, so they cannot receive a Bridging visa A for the partner visa. They will generally receive a Bridging visa C instead, with condition 8101.

This is the situation where partner visa bridging visa work rights most often catch people out. The person may still hold the earlier bridging visa with work rights, and may now also hold a Bridging visa C with condition 8101. The Department's own policy recognises that a person can hold a Bridging visa A and a Bridging visa C at the same time, granted for different applications. Which one is in effect, and what work is allowed, needs careful checking against the person's full history. Our guide to bridging visas in Australia explains how the different classes fit together.

Bridging visa A and partner visa bridging visa work rights

A Bridging visa A granted with an onshore Subclass 820 and Subclass 801 application gives full partner visa bridging visa work rights, because no conditions can be imposed on it. Clause 010.611(1) provides that a Bridging visa A is granted with no conditions if the holder is in a class of persons specified by the Minister in a legislative instrument. The instrument covers onshore partner applicants for the Subclass 820 and Subclass 801 visas, as well as some parent visa applicants, where the application has not been finally determined.

The nil conditions rule for Subclass 820 and Subclass 801 applicants

The nil conditions rule means the holder can work for any employer, for any number of hours, in any occupation that is otherwise lawful for them to do. The Department's policy for the Subclass 820 visa states that applicants who are eligible for an associated Bridging visa A or Bridging visa B are granted that bridging visa with nil conditions imposed. The rule has applied to Bridging visa A and Bridging visa B grants made on or after 24 November 2012, including replacement bridging visas.

There is one important exception. The nil conditions rule does not apply to a Bridging visa A granted on judicial review grounds after a court application. If a partner visa matter reaches the courts, partner visa bridging visa work rights need to be checked again, because different rules apply.

Conditions from your old visa do not carry across

Work conditions on the visa you held before lodging do not carry across to a Bridging visa A granted with a partner visa application. This is one of the most misunderstood parts of partner visa bridging visa work rights. For most other visa types, clause 010.611(4) copies certain work conditions from the visa held at the time of application onto the Bridging visa A. Condition 8101 on a visitor visa, condition 8105 on a student visa and condition 8547 on a working holiday visa can all be copied across in other cases.

For Subclass 820 and Subclass 801 applicants, clause 010.611(4) does not apply, because clause 010.611(1)(c) applies first. A visitor who lodges a partner visa application while holding a visitor visa with condition 8101 therefore receives a Bridging visa A with no conditions. A student whose visa carried condition 8105 receives a Bridging visa A without that limit. A working holiday maker whose visa carried condition 8547, which limits work with any one employer to six months without permission, receives a Bridging visa A without that limit.

If you came to Australia as a visitor and are considering an onshore application, our guide to moving from a tourist visa to a partner visa in Australia explains what to check first. Some visitor visas carry condition 8503, which can stop a partner visa application being made in Australia at all. Our article on condition 8503 and the Subclass 820 visa explains that issue. Partner visa bridging visa work rights mean nothing if the partner visa application itself is not valid.

When does the bridging visa come into effect?

A bridging visa granted with a partner visa application generally comes into effect only when the substantive visa you held at lodgement ceases. Until then, you are still on your old visa, and your partner visa bridging visa work rights have not started. The old visa's conditions keep applying to you until the day it ends.

This rule surprises many applicants. The Bridging visa A is often granted soon after lodgement, and the grant notice can say "no conditions". But the Bridging visa A is a visa to remain in Australia after your current visa ends. It sits in the background while your substantive visa is still in effect. The Department's policy on the Bridging visa A gives exactly this example: a person on a temporary visa lodges a Subclass 820 and Subclass 801 application, a Bridging visa A is granted but is not in effect, and it comes into effect when the temporary visa ceases.

Example: a student visa with condition 8105

A student lodges a partner visa application while holding a student visa with eight months left. A Bridging visa A with no conditions is granted. For the next eight months, the student visa is still the visa in effect, and its work limit still applies. On the day the student visa ceases, the Bridging visa A comes into effect and full partner visa bridging visa work rights begin.

Working extra hours during those eight months because the grant notice says "no conditions" would be a breach of the student visa. That breach can put the student visa at risk of cancellation, and a cancellation can affect the bridging visa and the partner visa application as well.

Example: a working holiday visa with condition 8547

A working holiday maker lodges a partner visa application with several months left on their visa. Until the working holiday visa ceases, condition 8547 still limits how long they can work for one employer without permission. Once the Bridging visa A comes into effect, that limit no longer applies, and the person's partner visa bridging visa work rights are unrestricted.

Example: a visitor visa with condition 8101

A visitor who can validly lodge onshore cannot work at all while the visitor visa is in effect, because condition 8101 applies to that visa. Once the visitor visa ceases and the Bridging visa A comes into effect, the person can work. If the visitor visa still has months to run, the visitor cannot start work early just because the partner visa has been lodged. This is one of the most common partner visa bridging visa work rights errors we see.

Can you make the bridging visa come into effect earlier?

In some cases an applicant asks to have their current substantive visa cancelled so that the bridging visa comes into effect sooner. This is not a step to take lightly. The Department's policy notes that a request to cancel a substantive visa also results in cancellation of any associated bridging visa. The person can then become unlawful, and the bridging visa they later receive may be a Bridging visa E with condition 8101. In other words, an attempt to bring forward partner visa bridging visa work rights can end up removing them. Anyone considering this should get advice from a visa cancellations lawyer first.

Why partner visa bridging visa work rights matter over a long wait

Partner visa bridging visa work rights matter because most onshore applicants stay on a bridging visa for a long time. As at October 2026, the Department of Home Affairs visa processing times guide shows that 50% of Subclass 820 applications are processed in 22 months and 90% are processed in 30 months. The Department updates this guide regularly, so the figures change. Our article on Subclass 820 visa processing times explains how to read it.

Over a wait of that length, the difference between a Bridging visa A with no conditions and a Bridging visa C with condition 8101 is the difference between supporting your household and depending entirely on your partner. That is why partner visa bridging visa work rights should be considered before lodgement, not after. Our guide to how long the onshore partner visa takes also covers what affects the timing in individual cases.

Bridging visa B: travel and partner visa bridging visa work rights on return

A Bridging visa B granted with a Subclass 820 and Subclass 801 application carries no conditions, so partner visa bridging visa work rights are the same before and after you travel. Paragraph 020.611(1)(b) and the same legislative instrument that applies to the Bridging visa A require that a Bridging visa B granted to an onshore partner applicant whose application has not been finally determined has nil conditions.

A Bridging visa B is the bridging visa that lets the holder leave Australia and return while the application is processed. It is granted on application, and only to a person who already holds a Bridging visa A or Bridging visa B for the same application. A partner visa applicant on a Bridging visa C or Bridging visa E is not eligible for a Bridging visa B.

The travel facility period

Every Bridging visa B has a travel facility period. This is the period during which the holder can travel to and enter Australia. The travel facility period may end on the same date as the visa itself, or on an earlier date chosen by the Department when the visa is granted. The Department's policy states that there is no provision to extend the travel facility period once it has been granted.

Two rules flow from this:

• If the holder is outside Australia when the travel facility period ends, the Bridging visa B ceases under subsection 82(5) of the Migration Act 1958.
• If the travel facility period has ended and the holder then leaves Australia without a new Bridging visa B, the Bridging visa B ceases under subsection 82(6).

What happens to partner visa bridging visa work rights on return

If the holder returns within the travel facility period, the Bridging visa B stays in effect and keeps its nil conditions. Partner visa bridging visa work rights continue as before, and the holder can return to their job. When a Bridging visa B is granted, the earlier Bridging visa A for the same application stops being in effect, so the Bridging visa B is the visa that now governs work and travel.

If the holder returns after the Bridging visa B has ceased, they will need another visa to enter Australia, often a visitor visa. That visitor visa may carry condition 8101. While it is in effect, its conditions apply, and the person cannot work even though the partner visa application is still open. Once the person's lawful position is restored with a further bridging visa for the partner visa application, partner visa bridging visa work rights depend on which bridging visa they can then obtain. The Department's policy on the Bridging visa C describes this exact scenario for replacement bridging visas: a person leaves, returns on an Electronic Travel Authority and then needs a further bridging visa once that visa ceases.

Leaving Australia on a Bridging visa A without a Bridging visa B

A Bridging visa A that is in effect ceases if the holder leaves Australia. This rule is in subsection 82(8) of the Migration Act. The Department's policy also notes that a Bridging visa A that ceases this way cannot be brought back into effect. A partner visa applicant who travels without first obtaining a Bridging visa B can therefore lose both their right to return and the bridging visa that carried their partner visa bridging visa work rights.

There is one partial exception. A Bridging visa A that has not yet come into effect, because the person still holds a substantive visa, is not affected by subsection 82(8) in the same way. A person who still holds a substantive visa with travel rights may be able to travel on that visa. However, the Department warns that the substantive visa may cease while the person is overseas. Travel during a partner visa application should always be checked first.

Travel can also affect the partner visa itself

Travel affects more than partner visa bridging visa work rights. Some partner visa matters involve applicants with a history that makes re-entry uncertain, and a long absence can also raise questions about the couple's living arrangements. If you plan to travel, keep the Department informed of any changes using Form 1022 for a change of circumstances where relevant, and keep evidence of your genuine relationship up to date.

Bridging visa C: condition 8101 and partner visa bridging visa work rights

A Bridging visa C granted with a partner visa application carries condition 8101, which means the holder must not engage in work in Australia. Clause 030.614 requires condition 8101 to be imposed on a Bridging visa C unless one of the specific exceptions in clauses 030.611 to 030.613 applies. Those exceptions cover people who have proven a compelling need to work, some protection visa applicants at judicial review, and some skilled and parent visa applicants. They do not include onshore partner visa applicants making their first Bridging visa C application.

This is the key difference in partner visa bridging visa work rights between someone who lodged while holding a substantive visa and someone who did not. Two applicants with identical relationships and identical partner visa applications can have opposite work rights for many months, purely because of their visa status on the day they lodged.

What condition 8101 actually prohibits

Condition 8101 states that the holder must not engage in work in Australia. Regulation 1.03 defines work as an activity that, in Australia, normally attracts remuneration. The test is about the nature of the activity, not whether the person is actually paid. Unpaid work in a role that would normally be paid can still be a breach. Cash work, informal work in a family business and "trial shifts" can all fall within the definition.

The Department's policy on visitor visas gives guidance on genuine volunteering, domestic family support and online work for an overseas employer. That guidance is written for visitor visa holders. A Bridging visa C holder should not assume it applies in the same way to them without advice. Partner visa bridging visa work rights are too important to risk on an assumption.

Mandatory conditions apply even if they are not recorded

The Department's policy for the Bridging visa C states that mandatory condition 8101 applies as a matter of law when the visa is granted. If the condition is not recorded in the Department's systems, it still applies and the holder must comply with it. A Bridging visa C grant notice or VEVO result that appears to show no work restriction should be treated with caution. Partner visa bridging visa work rights come from the Migration Regulations, not from what a screen displays.

How to ask for permission to work on a Bridging visa C

A Bridging visa C holder with condition 8101 can apply for a further Bridging visa C without that condition if they can show a compelling need to work. Subclause 030.212(3) provides for this. The applicant must hold a Bridging visa C granted as a result of a valid application, made in Australia, for a substantive visa that can be granted in Australia. The Bridging visa C must be subject to condition 8101. The Minister must be satisfied that the applicant has a compelling need to work.

If the further Bridging visa C is granted, clause 030.611 provides that it carries no conditions, unless condition 8303 or condition 8501 was on the earlier Bridging visa C, in which case that condition stays. The earlier Bridging visa C then ceases. For many applicants, this is the only route to partner visa bridging visa work rights while they wait.

What "compelling need to work" means

For a partner visa applicant, a compelling need to work means financial hardship. Regulation 1.08 says a non-citizen has a compelling need to work if, and only if, they are in financial hardship, or they meet a separate limb that applies only to certain Subclass 457 visa applicants. Partner visa applicants must therefore show financial hardship.

"Financial hardship" is not defined in the migration legislation, so it has its ordinary meaning. Under Department policy, a person can be taken to be in financial hardship if the cost of reasonable living expenses exceeds their ability to pay for them. The policy also reminds decision makers not to apply the policy as if it were the test itself.

What the Department considers

The Department's policy lists the matters a decision maker should consider when assessing financial hardship:

• Whether the claimed expenses are reasonable for the person's situation.
• How the person has supported themselves until now, and whether that support will continue.
• Whether there are other possible means of support, such as the sponsor, relatives or friends in Australia, or relatives overseas.
• Whether the person would otherwise become an unreasonable charge on public funds or charitable institutions.
• How long it is likely to be before the substantive visa application is decided.

The policy also states that the likely outcome of the partner visa application is not a relevant consideration. A strong partner visa case does not help a hardship claim, and a weaker one does not count against it.

For partner visa applicants, the third point needs particular attention. The Australian partner is often expected to be a source of support. An application that says nothing about the partner's income, or why that income does not meet the household's reasonable costs, is unlikely to succeed. Partner visa bridging visa work rights on this basis depend on the couple showing the whole financial picture honestly.

How to apply and what evidence to include

The application for a further Bridging visa C without condition 8101 is made on Form 1005, or the online Form 1005 through ImmiAccount where it is available. Our guide to creating an ImmiAccount explains the account setup. Form 1005 asks about savings, income, expenses and support from other people, and it tells the applicant to provide evidence with the application.

Useful evidence usually includes:

• Bank statements for the applicant and, where relevant, the Australian partner.
• Rent or mortgage records and regular household bills.
• Evidence of debts and essential costs, such as medical or childcare costs.
• An explanation of any change in circumstances, for example the partner losing a job or reducing hours.
• An explanation of why other sources of support are not available or have run out.

The Department may accept the claims on the evidence provided, may ask for more information, or may decide the application on what is in front of it without asking. Our guide to responding to a section 56 request for more information explains how requests of that kind work. Because the Department can decide without asking for more, the first application should be complete.

If the hardship application is refused

If the Department is not satisfied that the applicant has a compelling need to work, the application is assessed against the other criteria. The applicant may still be granted a further Bridging visa C, but it will carry condition 8101 again. The person stays lawful, but partner visa bridging visa work rights do not improve. A refusal to grant a bridging visa can carry review rights, and the notice will say whether review is available and the time limit that applies. If circumstances worsen later, a fresh application with new evidence can be considered.

Bridging visa E in partner visa matters

A Bridging visa E in a partner visa matter usually arises when the applicant became unlawful and was granted a Bridging visa E before lodging, or holds one now. As explained above, a person who holds a Bridging visa E, or has held one since their last substantive visa, cannot be granted a Bridging visa C. Their partner visa bridging visa work rights then depend on the conditions of the Bridging visa E.

Why some partner visa applicants hold a Bridging visa E

A Bridging visa E is a bridging visa for people who are unlawful or about to become unlawful, granted on several different grounds. In partner visa matters it commonly appears where:

• The applicant overstayed, was located or came forward, and was granted a Bridging visa E to make arrangements to leave or to lodge an application.
• The applicant held a Bridging visa E for an earlier matter and then lodged a partner visa application.
• The applicant asked for a substantive visa to be cancelled and then became unlawful while a partner visa application was already on foot.

These applicants also face Schedule 3 of the Migration Regulations, and many will need a Schedule 3 waiver for the partner visa. Our article on the Schedule 3 partner visa waiver explains what has to be shown. Work rights and Schedule 3 are separate questions, but both need to be managed together.

Conditions usually imposed on a Bridging visa E

The Department's policy is that an initial Bridging visa E should, as a minimum, carry condition 8101 (no work), a study condition, a reporting condition and a condition requiring notice of any change of address. The policy also says officers should not apply this arbitrarily and may grant an initial Bridging visa E without those discretionary conditions in some cases. Whether condition 8101 is mandatory or discretionary depends on the ground on which the Bridging visa E was granted.

A Bridging visa E holder should also comply carefully with the reporting and address conditions. A breach of those conditions affects the bridging visa just as a breach of a work condition does.

Getting a further Bridging visa E without condition 8101

A Bridging visa E holder may be able to obtain a further Bridging visa E without condition 8101 by showing a compelling need to work. Where the Bridging visa E was granted in connection with a valid substantive visa application, subclause 050.212(8) allows a further Bridging visa E without condition 8101 if the person demonstrates a compelling need to work as defined in regulation 1.08. The same financial hardship analysis applies as for a Bridging visa C.

Where the Bridging visa E was granted on other grounds, the relevant conditions clause decides whether condition 8101 is mandatory or discretionary. If it is mandatory, no further Bridging visa E can be granted without it. Partner visa bridging visa work rights for a Bridging visa E holder therefore need a close look at the exact ground of grant, and the answer is not always the same for two people on the same subclass.

How to check your partner visa bridging visa work rights

The reliable way to check partner visa bridging visa work rights is to read the conditions recorded on VEVO and in your bridging visa grant notice, and then confirm them against the law that applies to your bridging visa. Do not rely on what a friend, an employer or a general website says about "partner visa work rights". The answer depends on your own visa grant.

Use VEVO

Visa Entitlement Verification Online, known as VEVO, is the Department's online service for checking a person's current visa and its conditions. You can check your own record, and employers can check it with your consent. VEVO shows which visa is currently in effect and the conditions attached to it. It is the first place to look when you want to know what your partner visa bridging visa work rights are today.

When you check VEVO, look at three things:

• The visa shown as currently in effect. If your old student, visitor or working holiday visa still appears, your bridging visa has not come into effect yet.
• The conditions listed. A Bridging visa A or Bridging visa B for a partner visa applicant should show no conditions. A Bridging visa C or Bridging visa E may show condition 8101.
• Whether the visa listed is the one granted for your partner visa application, or a bridging visa from an earlier application.

Read the grant notice

Your bridging visa grant notice states the visa subclass, the date of grant, the application it relates to and the conditions imposed. Keep it with your partner visa records. If you hold more than one bridging visa, keep every grant notice, because each one is linked to a different application.

What to do if the record looks wrong

Visa conditions attach by law, not by data entry. The Department's policy on the Bridging visa B states that a condition recorded against a Bridging visa B that the law does not allow has no effect in law and the holder is not required to comply with it. The Bridging visa C policy states the reverse for mandatory conditions: condition 8101 applies even if it is not recorded. So an incorrect record can work in either direction. If the record looks wrong, ask the Department to correct it, and get advice before acting on the incorrect record. Correct records also matter to employers, who rely on VEVO to confirm partner visa bridging visa work rights before they offer work.

What happens to partner visa bridging visa work rights if the partner visa is refused?

If the partner visa is refused, partner visa bridging visa work rights continue for a limited time, and they continue for longer only if a valid review application is made to the Administrative Review Tribunal within the time limit. Review deadlines are short and strictly applied, so the refusal letter must be read on the day it arrives.

Refusal without review

For a Bridging visa A granted on or after 19 November 2016, the bridging visa ceases 35 days after the refusal decision if no review is sought. Because the Bridging visa A is linked to both the Subclass 820 and Subclass 801 applications, the Department's policy explains that the relevant refusal is the refusal of the Subclass 801 application. A Bridging visa C granted with a partner visa application works in a similar way, ceasing 35 days after the Subclass 801 refusal decision where no review is sought. Until the bridging visa ceases, its conditions continue, so a Bridging visa A holder keeps working and a Bridging visa C holder with condition 8101 still cannot.

Refusal with a valid Tribunal review

If a valid review application is lodged with the Administrative Review Tribunal, the partner visa application is not finally determined while the review is pending. The bridging visa stays in effect and keeps the same conditions. For a Bridging visa A holder, partner visa bridging visa work rights continue without restriction during the review. For a Bridging visa C holder, condition 8101 continues, and the option of applying for a further Bridging visa C without that condition on financial hardship grounds remains available, because the substantive visa application has still not been finally determined.

Under the cessation rules, a Bridging visa A granted on or after 19 November 2016 ceases 35 days after the Tribunal's decision, unless the Tribunal remits the application to the Department for reconsideration. If the matter is remitted, the bridging visa continues while the Department reconsiders. A Bridging visa E granted for a substantive visa application also stays in effect while a timely review is pending, according to the Department's policy.

Before and after a refusal

Many refusals follow a section 57 natural justice letter, and the response to that letter is often the last chance to fix the problem before a decision. If a refusal arrives, our guide to partner visa refused appeal options and our article on what to expect at an ART review explain the next steps. Our partner visa refusals service handles these matters, and our broader visa refusals practice covers refusals of other visas that can affect a later partner application. Our guide to why Subclass 820 partner visas are refused and our overview of why partner visas get refused explain the issues that usually cause trouble. A visa appeal lawyer can explain how the review process works in your case.

Where the refusal followed a breakdown of the relationship, different rules can apply, including the family violence provisions. Our article on what happens if the relationship breaks down during a Subclass 820 application explains the position, and our family violence partner visa lawyers act in those matters. Partner visa bridging visa work rights continue until the bridging visa ceases in each of these situations.

Partner visa bridging visa work rights after the Subclass 820 is granted

Once the Subclass 820 visa is granted, the bridging visa stops being in effect and the applicant's work rights come from the Subclass 820 visa itself. The Subclass 820 visa allows the holder to work in Australia. The bridging visa is not cancelled at that point. The holder still holds it, out of effect, until the Subclass 801 application is decided. If something unusual happens to the Subclass 820 visa before the permanent stage is decided, the law on reactivated bridging visas may become relevant.

Our article on Subclass 820 vs Subclass 801 explains the two stages, and our Subclass 820 partner visa guide covers the requirements at each stage. Our 820 visa guide to requirements and documents and our partner visa document checklist set out what the Department expects to see.

The risks of working in breach of a bridging visa condition

Working in breach of condition 8101 can lead to cancellation of the bridging visa, and the consequences can reach the partner visa itself. Section 116(1)(b) of the Migration Act allows a visa to be cancelled if the holder has not complied with a condition of the visa. Cancellation of a bridging visa can leave the person unlawful, liable to detention, and dependent on a Bridging visa E with its own conditions.

A cancellation also becomes part of the person's immigration history. That history can affect later applications, including the Schedule 3 assessment for the partner visa. Employers face their own legal obligations not to allow non-citizens to work in breach of their visa conditions, which is why many employers check VEVO before hiring. Our visa cancellations practice acts for people who receive a notice of intention to cancel.

Breaches usually happen for ordinary reasons. People start work the day after lodging, before the old visa has ceased. People keep working after leaving and returning on a visitor visa. People assume a Bridging visa C works the same way as a Bridging visa A. In each case, a check of partner visa bridging visa work rights on VEVO would have shown the problem.

Common mistakes with partner visa bridging visa work rights

The most common mistakes with partner visa bridging visa work rights come from treating every partner visa applicant as if they hold a Bridging visa A that is already in effect. The mistakes we most often see when advising couples are:

• Starting unrestricted work before the old substantive visa has ceased.
• Assuming that a Bridging visa C has full work rights because "partner visa applicants can work".
• Lodging the partner visa a few days after the substantive visa expired, which leads to a Bridging visa C with condition 8101 instead of a Bridging visa A with no conditions.
• Leaving Australia on a Bridging visa A without a Bridging visa B, and losing the bridging visa.
• Returning on a visitor visa with condition 8101 and continuing to work.
• Lodging a weak financial hardship application without evidence of the Australian partner's income and the household's real costs.
• Missing the Tribunal review deadline after a refusal, so that the bridging visa ceases.

The third mistake deserves emphasis. An applicant whose substantive visa is about to expire should lodge, where the partner visa is otherwise ready and valid, while that visa is still in effect. A delay of even one day can change partner visa bridging visa work rights for the whole processing period. Where a lodgement deadline is close, urgent immigration lawyer advice explains what to prepare.

Getting advice on partner visa bridging visa work rights

Advice is most useful before the partner visa is lodged, because the timing of lodgement decides which bridging visa is granted. After lodgement, advice is still useful for checking whether the bridging visa is in effect, preparing a financial hardship application, planning travel and responding to a refusal.

If you lodged the application yourself and are unsure about your conditions, our article on hiring an immigration lawyer after visa lodgement explains how a lawyer can step in, and our guide to Form 956 and 956A explains how a representative is appointed. Our article on getting a second opinion from an immigration lawyer explains what a review of your file involves. If you are deciding whether you need help at all, see when you need an immigration lawyer for a partner visa, our guide to choosing a partner visa lawyer in Australia, and our factual comparison of a partner visa migration agent or lawyer. Our guide on what an immigration lawyer does and our article on booking an immigration lawyer consultation explain what to prepare.

Same-sex couples have exactly the same partner visa bridging visa work rights as any other couple. Our LGBTI partner visa page explains how we act for same-sex couples. Engaged couples who entered on a Subclass 300 Prospective Marriage visa and then lodge onshore after marrying face their own bridging visa questions. Couples where the applicant is outside Australia use the Subclass 309 offshore partner visa, where bridging visas do not arise in the same way.

Where My Migration Lawyers acts on partner visa matters

My Migration Lawyers acts for partner visa applicants across Australia, with consultations by video. Couples can find our local partner visa pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Where a bridging visa problem sits alongside other visa issues, our general immigration pages for Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta explain our wider practice. Couples comparing representatives may find our guides on how to choose a partner visa lawyer in Australia, in Sydney and in Melbourne useful. More of our partner visa writing is on the My Migration Lawyers blog, and our immigration lawyers Australia home page lists all our practice areas.

How My Migration Lawyers helps with partner visa bridging visa work rights

My Migration Lawyers acts in many onshore partner visa matters where partner visa bridging visa work rights are a live issue, and many of those matters are complex. They include applicants whose visa is about to expire, applicants who hold only a bridging visa from an earlier application, applicants without a substantive visa who must address Schedule 3, applicants holding a Bridging visa E, and couples facing a refusal and a Tribunal review. The firm deals with complex cases as a regular part of its partner visa practice and is capable of handling them.

Before lodgement, the firm reviews the applicant's current visa, its conditions, the date it ceases and the full immigration history, and works out which bridging visa the partner visa application will attract. Where timing can protect a Bridging visa A with no conditions, the firm plans lodgement around that date. Where a Bridging visa C or Bridging visa E is unavoidable, the firm explains condition 8101 to the couple in writing, so they know what partner visa bridging visa work rights they will have and when.

After lodgement, the firm checks VEVO and the grant notice, confirms when the bridging visa comes into effect, and raises any incorrect record with the Department. Where an applicant is subject to condition 8101 and the household is under financial strain, the firm prepares the Form 1005 application for a further bridging visa without that condition, presenting the couple's own financial evidence in the form the law requires. The firm also advises on Bridging visa B applications before travel, and acts on refusals and Tribunal reviews so that the bridging visa stays in effect.

Our work is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers, see our partner visa lawyers page or send us a message through our contact page.

If you are unsure about your partner visa bridging visa work rights, check before you start work, change jobs or travel. Book a consultation or call 1300 040 300.