Changes to certain Bridging visas – including permission to work arrangements
1 July 2009 Legislation Change
Client summary
From 1 July 2009, the Migration Regulations 1994 ('the Regulations') are amended to remove the 45-day rule in certain subclasses, which allowed Protection visa applicants who lodged their application within 45 days of arriving in Australia permission to work on their associated Bridging visa.
Protection visa applicants who make their protection visa application while they hold a substantive visa and are eligible for a Bridging A (Class WA) or Bridging B (Class WB) visa will be given permission to work on their bridging visa.
Protection visa applicants who make a protection visa application while they are unlawful or do not hold a substantive visa and are eligible for a Bridging C (Class WC) visa will need to apply for permission to work on their bridging visa and will only be permitted to work if they can demonstrate a compelling need to work.
Protection visa applicants who make a protection visa application while they are unlawful and are only eligible for a Subclass 050 – (General) visa will need to apply for permission to work on their bridging visa and will only be permitted to work only if they can demonstrate both:
- a compelling need to work and
- an acceptable reason for delay in applying for a Protection visa.
Additional amendments to the Regulations will make provision for former Protection visa applicants who seek judicial review within the statutory time limits for permission to work on their Bridging visa, provided that they had permission to work on their last visa held.
The amendments also provide for clients requesting that the Minster make a determination under section 48B of the Act to be able to access a Bridging E visa, and to have access to permission to work if they remained lawful after their application for a substantive visa was finally determined up until the time of the request for the Minister to intervene; and they had permission to work on the last visa they held.
The amendments further provide that clients making an initial Ministerial intervention request will be able to access permission to work if they remained lawful after their application for a substantive visa was finally determined up until the time of the request for the Minister to intervene; and they had permission to work on the last visa they held. Applicants who have already sought or been the subject of a Ministerial Intervention request under either section 345, 351, 391, 417 or 454 or a determination under section 48B of the Act, will only be eligible for a Bridging E visa if the Minister is satisfied the applicant is making, or is the subject of, acceptable arrangements to depart Australia.
Persons who made a Protection visa application before 1 July 2009 and already have permission to work on their bridging visa because they applied within 45 days will retain their permission to work on their visa.
Affected legislation
The following provisions of the Regulations are amended.
The following provisions in Schedule 2 are omitted:
- paragraph 050.212(6A)(a)
- subparagraph050.612A(1)(a)(vii).
The following provisions in Schedule 2 are amended:
- paragraph 010.611 (1)(b)
- subclause 010.611(2)
- subclause 020.611(1) and (2)
- subclause 030.212(3)
- clause 030.612
- paragraph 050.212(6)(b)
- paragraph 050.212(6A)(b)
- subclause 050.212(8)
- paragraph 050.612A(1)(b)
- subparagraph 050.6132A(1)(a)(ii)
- subparagraph 050.613A(1)(b) and (c); and
- clause 050.614.
The following provisions in Schedule 2 have been inserted:
- subclause 050.212(5B); and
- subclause 050.212(6B).
Additional information: From 1 July 2009, Protection visa applicants who hold a Bridging A, B, C or E visa with condition 8101 (the 'no work' condition) can apply to have that condition changed.
For a first or repeat Ministerial Intervention request made before 1 July 2009, if a person has permission to work on their current bridging visa and that bridging visa expires before their Ministerial Intervention request is finalised, a new Bridging E visa with permission to work will be granted. If a person does not have permission to work on their current bridging visa and that bridging visa expires before the Ministerial intervention request is finalised, a new Bridging E visa with condition 8101 imposed will be granted.
Forms: 1024i and 1005 from 1 July 2009.
Instructions: PAM3 will be amended to reflect these changes by 1 July 2009.