Work Rights Restriction Waiver
For applicants whose temporary visas are about to expire but whose new visa applications are still being processed, the Department of Home Affairs generally grants a Bridging Visa (BVA, BVC, or BVE) to maintain lawful status in Australia. Among these, BVC and BVE typically come with restricted work rights conditions.
Overview of the Work Rights Restriction Waiver
For applicants already holding an Australian temporary visa, when their current visa is nearing expiry and a new visa application is still under consideration, a Bridging Visa is usually granted to maintain lawful residence in Australia until the new visa is decided.
Bridging Visa C (BVC) is typically issued to applicants who lodge a valid onshore visa application while holding a Bridging Visa A (BVA). The BVC generally does not grant work rights, and the holder cannot apply for a Bridging Visa B (BVB) to travel overseas.
Bridging Visa E (BVE) is usually issued to individuals whose substantive visas have expired or been cancelled, who are unlawful, or who are preparing to depart Australia. If an unlawful applicant or a current BVE holder lodges another valid visa application onshore, another BVE will generally be granted.
What Is Condition 8101
Condition 8101 stipulates that the visa holder must not engage in any paid work in Australia. However, the following activities are generally not considered work under this condition:
Genuine volunteer work (usually less than 3 months);
Providing unpaid care to Australian relatives;
Performing short-term, irregular online work for an overseas employer.
BVE Work Rights
Under current administrative practice, if an applicant has remained in Australia unlawfully for an extended period, the Department often refuses to grant work rights on the Bridging Visa E (BVE).
Only in exceptional circumstances, for example when there is clear evidence of severe financial hardship, may the applicant be permitted to formally request the grant or reinstatement of work rights.
Eligibility Criteria
If you currently hold a BVE and can demonstrate that you or your family are experiencing severe financial hardship, you may apply to the Department of Home Affairs for work rights.
“Financial hardship” refers to a situation where you or your family do not have sufficient income or resources to meet basic living expenses, such as:
Inability to afford rent or daily necessities
Lack of adequate food or clothing
Dependence on charities or friends for essential support
Ineligibility to receive Australian government welfare or social benefits
Assessment Factors
When assessing an application for work rights under a BVE, the Department will consider the following factors:
The applicant’s current level of income and expenditure
Whether any other family members can provide financial support
Whether the applicant has dependent or minor children in Australia
Whether there are ongoing visa applications or AAT/ART review proceedings
Whether the applicant has a record of previous visa breaches (for example, unauthorised work)
Possible Outcomes
If your application is approved, a new BVE will be issued allowing you to work lawfully. The new visa will generally include the following work conditions:
Condition 8101 (No work) will be removed
Condition 8107 or other previous work restrictions may be replaced or modified
The new BVE will remain valid while your visa application or appeal is pending
If your application is refused, the Department will notify you in writing and explain the reasons.
Common refusal reasons include:
Failure to provide sufficient evidence of genuine financial hardship
Inconsistent or incomplete supporting documentation
Previous visa breaches or poor immigration record
Recommendations
Before lodging your application, prepare comprehensive financial documents such as bank statements, transaction records, and invoices
If you are currently pursuing an AAT or ART appeal, include proof of your appeal receipt to demonstrate ongoing review status
When submitting the request, it is advisable to attach a supporting letter from a registered migration agent (RMA) to strengthen your case
Our Advice
Based on our extensive experience handling BVE work rights waiver cases, particularly during AAT or ART appeal stages, we recommend:
Apply as early as possible and do not wait until you are in complete financial distress
Focus on providing clear and verifiable evidence instead of lengthy explanations
If your application is refused, seek professional advice before submitting a new request or appeal
Frequently Asked Questions
Can I still apply for work rights on a BVE if I have overstayed in Australia for years?
Yes. While the Department tends to view long-term overstayers as having poor visa compliance, you may still be granted work rights if you can present strong evidence of severe financial hardship.
Can I apply for work rights because I need to financially support my family in Australia?
Yes, but you must prove that no other family members can provide support and that your hardship is serious enough to affect your ability to meet essential living costs.
If I breached work condition 8101 before, can I still apply for a work rights waiver?
You can apply, but the risk is high. The Department will assess whether you’re likely to breach conditions again and expect stronger justification and documentation.
What evidence can strengthen my work rights waiver application?
Bank statements, rent receipts, bills, medical certificates, and expense summaries clearly demonstrating financial hardship are most persuasive.
Can I apply for work rights while holding a BVE during an ART appeal?
Yes, but you must prove a prolonged loss of income during the appeal process. Otherwise, the Department usually won’t consider this sufficient hardship.
How severe must my financial hardship be to qualify for a waiver?
It must affect your ability to afford essentials such as food, housing, or healthcare, or threaten your family’s wellbeing. Wanting extra income isn’t enough.
If I have some savings or financial help from others, can I still be considered in hardship?
Probably not. The Department reviews bank balances, transaction history, and support sources — if you can sustain basic living costs, you won’t be deemed in severe hardship.
If my BVE work rights request is refused, can I apply again?
Yes, you can reapply, but only with new or stronger evidence. Otherwise, it may be refused as a duplicate request.
Can I apply for a BVE just to get work rights without lodging a new visa?
Technically yes, but it’s rare. The Department generally grants BVEs only if you have an active visa application or appeal in progress.
If my work rights waiver is approved, will it carry over to my next BVE?
No. Each new BVE is reassessed separately. If the new visa grant letter doesn’t specify work rights, you must reapply.
Note: This FAQ is general information only and not legal advice. Settings (e.g., eligibility tests, exemptions, and evidentiary rules) can change; always check the latest legislative instruments before applying.
