Can I employ someone on a bridging visa? Work rights by bridging visa type

What each bridging visa allows

The bridging visa is tied to the application it bridges. If that application is refused, the bridging visa ends a set number of days after the decision (35 days for most), or continues if the person applies for review at the Administrative Review Tribunal, in which case a new bridging visa with the same conditions usually follows.

The check, and what to record

• Run VEVO with the worker’s passport details and consent. The result shows the visa in effect today, its subclass, expiry (bridging visas often show “indefinite” until the application is decided) and the conditions. Condition 8101 means no work; 8104 and 8105 limit hours; no work condition listed means full work rights.
• If VEVO shows the old substantive visa, the bridging visa is not yet in effect; the worker’s grant letter for the bridging visa tells you what will apply when it is. Diarise the substantive visa’s expiry and re-check then.
• Keep the VEVO result on file for the period of employment. That record is the defence to any later allegation.
• No sponsor obligations arise. You are an ordinary employer; the only visa-related duty is not to employ someone whose visa forbids the work.

Why bridging visa holders are a good hire

They are here, usually for years to come, and they are motivated: a partner visa applicant is settling permanently, a skilled or employer-sponsored applicant is waiting on a decision that may take many months. They have Australian references, often Australian qualifications, and no relocation. On SponsorTalent, bridging visa holders list the bridging visa they hold and the application it bridges, so an employer can see the runway before making contact. For the wider onshore pool, visa by visa: employing visa holders already in Australia.

The two things that can go wrong, and what to do

The application is refused. The bridging visa ends shortly afterwards unless the person seeks review. If you want to keep them and their occupation is on the Core Skills list, a 482 nomination lodged while they still hold a bridging visa gives them a new bridging visa and a new footing; the sequence is on sponsoring an existing employee, and a refusal history makes advice worth paying for before you lodge: WIDEN’s bridging visa guide.

The application is granted. Nothing changes for you except that the worker now holds the substantive visa, usually with full rights; a 482 grant on an application you nominated starts your sponsor obligations from that day.

Frequently asked questions

Can a person on a bridging visa A work full time? Usually yes. A BVA carries the conditions of the visa the person held when they applied, and partner, employer-sponsored and most skilled applicants hold or can obtain a BVA with no work limitation. VEVO shows the conditions that apply today.

Can I employ someone on a bridging visa E? Only if the Department has granted work rights on that BVE, which VEVO will show as the absence of condition 8101. Many protection visa applicants hold BVEs with work rights; many other BVE holders do not.

Do I have any sponsor obligations when I employ a bridging visa holder? No. Employing a bridging visa holder with work rights is ordinary employment. Obligations arise only if you later nominate the person for a 482, 494 or 186.

How long does a bridging visa last? Until the application it bridges is decided and, if refused, for a short period afterwards, or longer if review is sought. VEVO often shows “indefinite” as the expiry. Diarise a re-check every six months.

Where do bridging visa holders look for work? On SponsorTalent, where candidates list the bridging visa and the application it bridges, their occupation and location. Employers search free and unlock a contact for A$30.