Partner Visa Work Rights

Partner visa work rights change as a couple moves through the process. The question most people ask is simple: when can you start work? The honest answer is that partner visa work rights depend on which visa is actually in effect on the day you want to work. That may be your current visa, a bridging visa, a Subclass 820, a Subclass 309 or a permanent visa, and each one has its own rules.

This guide walks through partner visa work rights at every stage of the journey, from the period before lodgement to the grant of permanent residence. It covers onshore applicants who lodge a combined Subclass 820 and Subclass 801 application, offshore applicants who receive a Subclass 309 partner visa, and fiancés who enter on a Subclass 300 Prospective Marriage visa. If you want the wider picture first, our complete guide to partner visas in Australia explains each visa and each stage. If your situation is already unclear, our partner visa lawyers can confirm your position before you accept a job.

Partner visa work rights: the short answer

Most partner visa applicants and holders can work in Australia without restriction, but only once a visa that allows work is actually in effect. The partner visa application does not itself give permission to work. Permission to work always comes from a visa, and from the conditions attached to that visa.

In broad terms, partner visa work rights look like this:

• Before lodgement: the work conditions of your current visa apply in full.
• After onshore lodgement with a Bridging visa A: no conditions, but only once the Bridging visa A comes into effect, which is usually when your current visa ends.
• After onshore lodgement with a Bridging visa C or Bridging visa E: usually no work, because condition 8101 applies.
• On grant of the Subclass 820: no conditions can be imposed, so you can work.
• On grant of the Subclass 801 or Subclass 100: you are a permanent resident and can work.
• On a Subclass 309 or Subclass 300: there is no work condition on these visas, so you can work once you are in Australia.

The rest of this article explains each stage. The key point is that partner visa work rights are never assumed. They are confirmed on the grant notice and on VEVO, the Department's Visa Entitlement Verification Online service.

When can you start work on a partner visa? The stages explained

You can start work on a partner visa from the moment a visa without a work restriction is in effect, and the timing of that moment is different for onshore and offshore applicants. To answer the question properly, it helps to break the journey into stages.

For onshore applicants, the usual stages are:

• Holding your current visa before lodgement.
• Lodging the combined Subclass 820 and Subclass 801 application and being granted a bridging visa.
• Waiting for the bridging visa to come into effect.
• Holding the bridging visa while the application is processed.
• Grant of the temporary Subclass 820.
• Grant of the permanent Subclass 801.

For offshore applicants, the usual stages are:

• Lodging the Subclass 309 and Subclass 100 application outside Australia.
• Grant of the Subclass 309 and first entry to Australia.
• Holding the Subclass 309 while the Subclass 100 is assessed.
• Grant of the permanent Subclass 100.

For engaged couples, the Subclass 300 is a separate first step. The applicant enters Australia, marries within the visa period and then lodges onshore for the Subclass 820 and Subclass 801. Partner visa work rights at each of these stages are explained below. Our guide to the difference between the Subclass 820 and the Subclass 801 explains how the two onshore stages fit together.

Partner visa work rights before you lodge: your current visa still governs

Before the partner visa application is lodged, your partner visa work rights are simply the work rights of the visa you hold now. Having a genuine relationship with an Australian citizen, permanent resident or eligible New Zealand citizen does not change the conditions on your current visa. Planning to lodge a partner visa does not change them either.

This matters because many couples begin living together, or decide to apply, while one partner is on a student visa, a visitor visa or a working holiday visa. Each of those visas carries its own work limits. Breaching them before lodgement can create problems for the partner visa itself, because the Department can consider a person's compliance with visa conditions, and a breach can expose the current visa to cancellation.

Student visa holders

A student visa usually carries condition 8105, which limits the hours the holder can work while the course is in session. Those limits keep applying until the student visa ceases, even after the partner visa application is lodged. A student who lodges a partner visa mid-course should therefore keep working within the student limits until the student visa ends.

Visitor visa holders

Most visitor visas carry condition 8101, which means the holder must not work in Australia at all. A visitor who lodges onshore cannot start work on the day of lodgement. The visitor visa, and its no work condition, stays in effect until it ceases. Our article on moving from a tourist visa to a partner visa in Australia explains the other risks of applying from a visitor visa, including any condition 8503 (no further stay). If your visitor visa has that condition, see our guide on whether you can apply for a Subclass 820 visa with a no further stay condition.

Working holiday visa holders

A working holiday visa usually carries condition 8547, which limits how long the holder can work for any one employer without permission. That limit continues to apply while the working holiday visa is in effect. Once the working holiday visa ceases and a Bridging visa A with no conditions comes into effect, the limit falls away.

Temporary skilled and other work visas

Holders of employer sponsored visas usually have conditions that tie their work to a sponsor or an occupation. Those conditions also continue until the work visa ceases. A worker who leaves the sponsor because a partner visa has been lodged can breach the conditions of the work visa if the work visa is still in effect. Couples in this position should take advice on timing before anyone resigns.

Applicants who hold no visa at all

A person who is unlawful in Australia has no visa and therefore no partner visa work rights before lodgement. Lodging a partner visa while unlawful raises separate legal questions about Schedule 3, which our guides on Schedule 3 criteria for partner visas and the Schedule 3 partner visa waiver explain. Our Schedule 3 waiver service page explains how the firm acts in these matters.

Partner visa work rights after you lodge onshore

After an onshore partner visa application is lodged, your partner visa work rights depend on the bridging visa you are granted and on whether that bridging visa is yet in effect. The online Subclass 820 and Subclass 801 application is usually also an application for a bridging visa. The class of bridging visa depends on your immigration status on the day you lodge, not on what would suit you.

Lodged while holding a substantive visa: Bridging visa A

An applicant who holds a substantive visa when the partner visa application is made is generally eligible for a Bridging visa A. For partner visa work rights, this is the best outcome. A Bridging visa A granted in association with a Subclass 820 and Subclass 801 application is granted with no conditions at all. That means no condition 8101, no limit on hours and no limit on the employer.

This nil conditions rule is specific to partner visa applicants and a small number of other visa types. For most other applications, certain work conditions from the visa held at lodgement are copied across onto the Bridging visa A. For Subclass 820 and Subclass 801 applicants they are not. Our article on whether you can work while waiting for your Subclass 820 visa explains the Bridging visa A position in detail.

The bridging visa is granted, but not yet in effect

On the question of partner visa work rights after lodgement, the most common mistake is to treat the grant of the Bridging visa A as the start of full work rights. A Bridging visa A granted with the partner visa application usually does not come into effect until the substantive visa held at lodgement ceases. Until then, the old visa remains in effect and its conditions still apply.

Consider a student who lodges a partner visa while the student visa still has months to run. The Bridging visa A grant notice may say that there are no conditions. However, the student visa is still the visa in effect, and its work limit still governs. Full partner visa work rights begin only when the student visa ceases and the Bridging visa A takes over. The same applies to a visitor with condition 8101 and a working holiday maker with condition 8547.

Lodged without a substantive visa: Bridging visa C

An applicant who did not hold a substantive visa when the partner visa was lodged, and who has not held a Bridging visa E since their last substantive visa, is generally granted a Bridging visa C. Under the Migration Regulations 1994, a Bridging visa C granted with a partner visa application must carry condition 8101. That condition applies by law, even if it is not recorded on a document. The holder must not work in Australia unless a further bridging visa without condition 8101 is granted.

Holding a Bridging visa E: condition 8101 is usually imposed

An applicant who held a Bridging visa E after their last substantive visa usually receives another Bridging visa E with the partner visa application. Under Department policy, a Bridging visa E usually carries condition 8101, together with other conditions. For these applicants, partner visa work rights after lodgement are usually nil until permission to work is granted. Our overview of bridging visas in Australia compares the Bridging visa A, B, C and E.

Lodged while holding a bridging visa from an earlier application

Some applicants lodge a partner visa while they hold only a bridging visa from an earlier, unrelated application, such as a student visa or skilled visa application. Their position is more complex. They may hold two bridging visas at once, with different conditions, and which visa is in effect can decide whether they can work. These applicants should obtain advice before relying on any assumption about partner visa work rights.

Asking for permission to work after lodgement

A partner visa applicant whose bridging visa carries condition 8101 can apply for a further bridging visa without that condition by showing a compelling need to work. For partner visa applicants, a compelling need to work generally means financial hardship, as defined in regulation 1.08 of the Migration Regulations 1994. The application for a further Bridging visa C is made on Form 1005, and a separate process applies to a further Bridging visa E.

The Department generally looks at the applicant's reasonable living expenses, how the applicant has supported themselves so far, other support that is realistically available, including from the sponsoring partner, and how long the partner visa decision is likely to take. Evidence must be provided with the application. The strength of the partner visa itself is not the test. A refusal of the further bridging visa does not end the partner visa application, but the applicant must continue to comply with condition 8101 in the meantime. Our article on the 12-month de facto rule explains why some couples lodge later than they planned, which can affect the bridging visa they receive.

Partner visa work rights in practice: three common scenarios

The same legal rules produce very different partner visa work rights depending on the visa held at lodgement. The following generic scenarios show how the stages interact. They are illustrations only, and each real case turns on its own facts.

Scenario one: a student mid-course

Consider a student who lodges a combined Subclass 820 and Subclass 801 application while the student visa still has a long time to run. The student is granted a Bridging visa A with no conditions. However, the student visa remains in effect, and so does its work condition. The student can keep working within the student limits, but cannot move to unlimited hours yet. Full partner visa work rights begin only when the student visa ceases and the Bridging visa A comes into effect. The student should take advice before finishing a course early, because that can affect the student visa itself.

Scenario two: a visitor who lodges onshore

Consider a visitor who lodges a partner visa application while the visitor visa is still in effect. The visitor is generally eligible for a Bridging visa A, provided no bar on applying applies. The visitor visa carries condition 8101, so the visitor cannot work until the visitor visa ceases. On that day the Bridging visa A, with no conditions, comes into effect and full partner visa work rights begin. Couples in this position should plan the household budget on the basis that the applicant cannot earn until the visitor visa ends.

Scenario three: an applicant who lodges after the visa has expired

Consider a person whose visa expired some time ago and who then lodges a partner visa application. The person held no substantive visa at lodgement. If they have not held a Bridging visa E since their last substantive visa, they are generally granted a Bridging visa C, which must carry condition 8101. If they held a Bridging visa E, they usually receive another Bridging visa E with condition 8101. In both cases the person has no partner visa work rights until a further bridging visa without condition 8101 is granted on the ground of a compelling need to work. The partner visa application must also deal with Schedule 3.

These scenarios show why partner visa work rights should be planned before lodgement, not discovered afterwards.

Partner visa work rights while you wait for a decision

While the partner visa application is processed, your partner visa work rights are the work rights of the bridging visa that is in effect, and they do not improve or worsen with time. A Bridging visa A or Bridging visa B with no conditions allows work for the whole processing period. A Bridging visa C or Bridging visa E with condition 8101 prohibits work for the whole period, unless a further bridging visa is granted.

The processing period for an onshore partner visa can be long. Our guide to Subclass 820 processing times and our article on how long the 820 onshore partner visa takes explain what affects the wait. Over a long wait, partner visa work rights are not a small detail. They decide whether the applicant can contribute to the household, build a career and keep pace with ordinary life in Australia.

Changes of circumstances do not change your conditions

Starting a new job, losing a job or changing employers does not change your bridging visa conditions. The conditions were fixed when the bridging visa was granted. However, some changes in circumstances must be reported to the Department. Our guide to Form 1022 change of circumstances explains when a notification is required.

Requests from the Department while you wait

During processing the Department may ask for more information. Work evidence often forms part of the financial aspects of the relationship, so a request can touch on employment. Our articles on responding to a section 56 request and on the s57 natural justice letter for a partner visa explain how to respond.

Partner visa work rights while travelling: the Bridging visa B

A partner visa applicant who travels on a Bridging visa B keeps full partner visa work rights on return, because a Bridging visa B granted to a Subclass 820 and Subclass 801 applicant carries no conditions. The Bridging visa B is the bridging visa that allows the holder to leave Australia and return during a set travel period while the application is processed.

There are two traps for partner visa work rights when travelling.

First, a Bridging visa A ceases when the holder leaves Australia. It cannot be reactivated on return. An applicant who leaves on a Bridging visa A, without a Bridging visa B, may need a new visa simply to return. That new visa, often a visitor visa, may carry condition 8101. The applicant then returns with no partner visa work rights until the position is fixed.

Second, the Bridging visa B allows return only within its travel period. A holder who is outside Australia when the period ends cannot return on that Bridging visa B. Our guide to the Bridging visa B explains how to apply and how the travel period works.

Travel and the Subclass 820 itself

The Subclass 820 must be granted while the applicant is in Australia. An applicant who is overseas when the Department is ready to decide may face delay or refusal. Couples planning travel should therefore think about the partner visa itself, not just about partner visa work rights on return.

Partner visa work rights on grant of the Subclass 820

Yes, a Subclass 820 holder can work in Australia, because no visa conditions may be imposed on a Subclass 820 visa. Subdivision 820.6 of Schedule 2 to the Migration Regulations 1994 does not permit any conditions. That means there is no condition 8101, no limit on hours and no limit on the type of lawful work.

Once the Subclass 820 is granted, it replaces the bridging visa. Partner visa work rights from that point come from the Subclass 820 itself. The visa remains in effect until the holder is notified of the decision on the Subclass 801 application, or until that application is withdrawn.

Why you should still check the Subclass 820 record

Even though no conditions may be imposed on a Subclass 820, the record should still be checked. The grant notice and VEVO should show the Subclass 820 as the visa in effect and should show no conditions. If VEVO still shows a bridging visa or an old visa after the grant, the employer may receive the wrong information. Our guide to the Subclass 820 partner visa and our explainer on the Subclass 820 visa as the onshore partner visa cover the grant stage.

Visa work rights and professional registration

Partner visa work rights answer only one question: whether the visa allows work. They do not answer whether a particular job can be performed. Many occupations in Australia, such as nursing, teaching, medicine, law, electrical work and some building trades, require registration or a licence from a professional or State body. A Subclass 820 holder with full partner visa work rights may still need that registration before starting work in a regulated occupation. Registration bodies set their own requirements, and some ask for evidence of visa status. The visa removes the migration barrier to work, but it does not replace an occupational licence.

Partner visa work rights if the relationship ends while you hold the Subclass 820

The Subclass 820 does not lose its work rights because the relationship has ended. The visa stays in effect until the Subclass 801 is decided or withdrawn. However, the end of the relationship affects the Subclass 801 application and must be reported. Our article on what happens to a Subclass 820 application if the relationship breaks down explains the options. Where family violence is involved, our family violence partner visa page explains how the family violence provisions can operate.

Partner visa work rights on grant of the Subclass 801

The Subclass 801 is a permanent visa, so its holder has the same partner visa work rights as any Australian permanent resident and can work without visa restriction. The Subclass 801 permits the holder to travel to and enter Australia for five years from the date of grant, and the holder can remain in Australia indefinitely.

For most onshore couples, the Subclass 801 is assessed at the second stage, after a period on the Subclass 820. The work rights question at that point is usually settled. What matters more is that the relationship evidence continues. Our guide to partner visa relationship evidence and our article on preparing evidence of a genuine relationship explain what the second stage looks at. Employment records can help show the financial aspects of the relationship, such as shared income and joint commitments.

Offshore partner visa work rights: the Subclass 309

Yes, a Subclass 309 holder can work in Australia from the time they enter Australia, because the conditions that may be imposed on a Subclass 309 are entry conditions, not work conditions. Under clauses 309.611 to 309.613 of Schedule 2, the Subclass 309 has a first entry date and may carry condition 8502 for the primary applicant, and conditions 8502 and 8515 for a secondary applicant. None of these restricts work.

This is one of the clearest positions on partner visa work rights. Offshore applicants do not pass through a bridging visa stage in the same way. Once the Subclass 309 is granted and the holder enters Australia, they can start work.

What the Subclass 309 entry conditions mean

The first entry date is the date by which the holder must first enter Australia. Condition 8502, if imposed, means the holder must not enter Australia before a person specified in the visa. Condition 8515, which may apply to a secondary applicant, means the holder must not marry or enter into a de facto relationship before entering Australia. These conditions affect entry. They do not affect partner visa work rights after entry.

How long the Subclass 309 lasts

The Subclass 309 is a temporary visa that permits the holder to travel to, enter and remain in Australia until they are notified of the decision on the Subclass 100 application, or until that application is withdrawn. Partner visa work rights on the Subclass 309 therefore continue for the whole of the second stage. Our Subclass 309 service page explains the offshore process.

If the Subclass 100 is refused while you are in Australia

A Subclass 309 holder whose Subclass 100 application is refused or withdrawn while they are in Australia can be granted a Bridging visa A without making an application, under regulation 2.21A(1) of the Migration Regulations 1994. A Bridging visa A granted in that way carries no conditions. This protects lawful status, and work rights, while the person considers review or other options. Our guide to partner visa refusal appeal options explains the next steps.

Partner visa work rights on grant of the Subclass 100

The Subclass 100 is a permanent visa, so the holder can work in Australia without visa restriction. The Subclass 100 permits the holder to travel to and enter Australia for five years from the date of grant. The conditions that may be imposed on a Subclass 100 relate only to entry, such as condition 8502 and, for a secondary applicant, condition 8515.

A Subclass 100 can be granted whether the applicant is inside or outside Australia. If the applicant is outside Australia when the visa is granted, a first entry date applies. Once in Australia as a permanent resident, partner visa work rights are no longer a live issue.

Subclass 300 prospective marriage visa work rights

Yes, a Subclass 300 holder can work in Australia, because the conditions on a Subclass 300 relate to entry and marriage, not to work. Under clause 300.612 of Schedule 2, conditions 8515 and 8519 must be imposed on a primary applicant. Condition 8515 means the holder must not marry or enter into a de facto relationship before entering Australia. Condition 8519 means the holder must enter into the intended marriage within the visa period. Condition 8502 may also be imposed. A secondary applicant must have condition 8520, which links them to the primary holder's marriage.

None of these conditions limits work. A Subclass 300 holder in Australia can therefore work while preparing for the wedding.

Partner visa work rights after the wedding

After the wedding, the Subclass 300 holder usually lodges a combined Subclass 820 and Subclass 801 application in Australia while still holding the Subclass 300. That is lodgement while holding a substantive visa, so the applicant is generally eligible for a Bridging visa A with no conditions. As with any other applicant, that Bridging visa A comes into effect only when the Subclass 300 ceases. Because the Subclass 300 has no work condition, partner visa work rights continue without a gap. Our Subclass 300 service page explains the engagement pathway.

What if the marriage does not happen in time?

A Subclass 300 holder who does not marry within the visa period breaches condition 8519. A breach of that condition can affect access to some Subclass 820 provisions that are designed for Subclass 300 holders. A couple in this position should obtain advice before the Subclass 300 ends, because partner visa work rights after that date depend on what is lodged and when.

How to prove your partner visa work rights to an employer

Employers confirm partner visa work rights through VEVO, the Department's Visa Entitlement Verification Online service, which shows the visa currently in effect and its conditions. With the visa holder's consent, an employer can check the record directly. Visa holders can also check their own record through VEVO or the myVEVO app and send the result to an employer by email.

A VEVO check usually shows:

• the visa class and subclass currently in effect;
• the grant date and, for a temporary visa, how long it lasts;
• any work conditions and other conditions attached to the visa.

The grant notice is also useful, but it shows the visa that was granted, not necessarily the visa that is in effect today. This is exactly the problem with a Bridging visa A that has been granted but is not yet in effect. VEVO is the better guide to current partner visa work rights.

What an employer needs and what it does not need

An employer generally needs to know whether the person can work and on what terms. It does not need the partner visa application, the relationship evidence or details of the sponsoring partner. A VEVO result is usually enough. Employers have their own legal obligations to check that workers are allowed to work, so a careful employer may ask for a fresh check from time to time, especially while the applicant holds a bridging visa.

Partner visa work rights and the probation period

Some applicants worry about telling an employer that their partner visa is still pending. The bridging visa, if it allows work, is a lawful basis for employment. Employers that hire temporary visa holders are used to bridging visas, but some may ask how long the processing period might be. Our guide to the Subclass 820 visa explains requirements, documents and how to apply, which can help answer an employer's questions.

Tax file numbers and partner visa work rights

A tax file number is a tax identifier, not a work permit, so having one does not give partner visa work rights. The Australian Taxation Office issues tax file numbers. A person who held a tax file number on an earlier visa usually keeps the same number for life. Whether the person can work at a given time still depends on the visa in effect, not on the tax file number.

A new arrival on a Subclass 309 or Subclass 300 who wants to start work quickly should apply to the Australian Taxation Office for a tax file number soon after arrival. Without one, an employer may be required to withhold tax at a higher rate. Tax arrangements are a matter for the Australian Taxation Office, and this article does not give tax advice.

What to do if VEVO shows condition 8101 or the wrong visa

If VEVO shows condition 8101 or a visa you no longer expect to hold, first work out whether the record is correct before you start work or tell an employer anything. Several situations can produce a VEVO result that looks wrong but is legally right.

The old visa is still in effect

A visitor who lodged a partner visa while the visitor visa had months left to run will still see the visitor visa, and condition 8101, on VEVO. That record is correct. The Bridging visa A will come into effect only when the visitor visa ceases. Until then, partner visa work rights are nil.

The bridging visa is a Bridging visa C or Bridging visa E

An applicant who lodged without a substantive visa will usually see a Bridging visa C with condition 8101. An applicant who held a Bridging visa E will usually see a Bridging visa E with condition 8101. Those records are usually correct as well. The way forward is an application for a further bridging visa without condition 8101 on the ground of a compelling need to work, not a request to correct the record.

The record is genuinely wrong

Sometimes the Department's systems record a condition that the law does not permit. For example, a Bridging visa A or Bridging visa B granted with a Subclass 820 and Subclass 801 application should have no conditions. A condition that the law does not allow on that visa has no legal effect, but the record still needs to be corrected, because an employer relies on VEVO. The correction is raised with the Department in writing, with reference to the provision that governs the conditions.

Do not start work on assumption

Working in breach of condition 8101 can lead to cancellation of the bridging visa under section 116 of the Migration Act 1958. Cancellation of a bridging visa can leave a person without lawful status and can damage the partner visa application. If the position is unclear, the safest course is to confirm partner visa work rights before starting work. Our visa cancellations page explains how the firm acts where cancellation is threatened.

Self-employment, ABNs and partner visa work rights

Self-employment is work for migration purposes, so partner visa work rights apply to running a business in exactly the same way as to employment. Regulation 1.03 of the Migration Regulations 1994 defines work as an activity that, in Australia, normally attracts remuneration. That definition covers paid employment, contracting, freelancing and running a business.

An Australian Business Number is issued for tax and business purposes. It is not permission to work. A partner visa applicant with condition 8101 who obtains an Australian Business Number and starts trading is still working, and is still in breach of the condition. On the other hand, a person whose bridging visa has no conditions, or who holds a Subclass 820, Subclass 309, Subclass 300 or permanent visa, can generally run a business or work as a contractor.

Business income as relationship evidence

For couples who run a business together, business records can form part of the evidence of the financial aspects of the relationship. Joint ownership, shared accounts and shared liabilities can all be relevant. Our partner visa evidence checklist and our partner visa document checklist explain what to collect.

Studying while you work on a partner visa

Yes, partner visa holders and most partner visa applicants can study as well as work, because the visas involved generally have no condition that limits study. A Bridging visa A or Bridging visa B granted with a Subclass 820 and Subclass 801 application has no conditions. The Subclass 820, Subclass 309 and Subclass 300 carry no study conditions, and permanent residents can study freely.

Study rights are different from fee status. Whether a student pays domestic or international fees is decided by the education provider and by the rules that govern that sector, not by the visa conditions alone. An applicant who is still on a student visa while the partner visa is lodged remains bound by that student visa's conditions until it ceases.

Partner visa work rights after a refusal

If a partner visa is refused in Australia, partner visa work rights generally continue on the existing bridging visa while a valid review is pending. A Bridging visa A granted with a partner visa application generally ceases 35 days after the refusal is notified if no review is sought. If a valid review application is lodged with the Administrative Review Tribunal in time, the bridging visa generally stays in effect, with the same conditions, until 35 days after the Tribunal makes its decision.

The time limit to apply for review is short and strictly applied. An applicant who has received a refusal should act immediately. Our guides on partner visa refusal appeal options, what to expect at an ART review, why partner visas get refused and the most common reasons Subclass 820 visas are refused explain the process. Our partner visa refusals page, our visa appeal lawyer guide and our judicial review page explain how the firm acts on refusals.

Common mistakes with partner visa work rights

The most common mistakes with partner visa work rights come from assuming that lodging the application is the same as having permission to work. The following errors arise again and again:

• Starting full-time work on the day of lodgement. The Bridging visa A is granted, but the old visa is still in effect and its limits still apply.
• Leaving a sponsored job too early. A temporary work visa and its conditions continue until the work visa ceases.
• Travelling on a Bridging visa A. The Bridging visa A ceases on departure, and the visa used to return may not allow work.
• Treating an Australian Business Number as permission to work. Self-employment is work under the Migration Regulations 1994.
• Relying on the grant notice instead of VEVO. The grant notice shows what was granted, while VEVO shows what is in effect.
• Ignoring condition 8101 on a Bridging visa C or Bridging visa E. The condition applies by law, and breach can lead to cancellation.
• Assuming a refusal ends work rights immediately. The bridging visa usually continues for a period, and a timely review usually keeps it in effect.

Each of these mistakes is avoidable. Partner visa work rights are fixed by law at each stage, and they can be worked out in advance.

Where My Migration Lawyers acts on partner visa matters

My Migration Lawyers acts for couples across Australia, with consultations held 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 work rights question sits alongside wider visa issues, our general immigration pages for Sydney, Melbourne, Brisbane, Perth and Adelaide explain our wider practice. Couples comparing representatives may find our guide on how to choose a partner visa lawyer in Australia useful, along with our article on when you need an immigration lawyer for a partner visa and our factual comparison of a partner visa migration agent or lawyer. If you lodged yourself, our article on hiring an immigration lawyer after visa lodgement explains how a lawyer can step in. Same-sex couples have exactly the same partner visa work rights as any other couple, and our LGBTI partner visa page explains how we act for them. More of our writing is on the My Migration Lawyers blog.

How My Migration Lawyers helps with partner visa work rights

My Migration Lawyers acts in many partner visa matters where partner visa work rights are a pressing concern, and many of those matters are complex. They include students and working holiday makers deciding when to lodge, sponsored workers who want to change jobs, visitors with condition 8101, applicants without a substantive visa who receive a Bridging visa C, holders of a Bridging visa E, Subclass 300 holders approaching their wedding deadline, and Subclass 309 holders facing a refusal of the Subclass 100. 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 current visa, its conditions and the date it ceases, and maps out the partner visa work rights the applicant will have at each stage. Where the timing of lodgement affects which bridging visa is granted, the firm explains that to the couple before anything is filed. Where a sponsored worker or student is involved, the firm advises on when work or study limits will fall away, so that nobody resigns or increases hours too early.

After lodgement, the firm checks the grant notice and VEVO, confirms which visa is in effect, and raises any incorrect record with the Department in writing. Where condition 8101 applies and the household is under financial strain, the firm prepares the 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, on the Subclass 820 and Subclass 801 stages, on the Subclass 309 and Subclass 100 stages, and on refusals and Tribunal reviews.

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 work rights, confirm them before you start work, change jobs, start a business or travel. Book a consultation or call 1300 040 300.