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Bridging Visa E – Ministerial Intervention

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New permission to work arrangements for Protection visa applicants and all clients seeking ministerial intervention commence on 1 July 2009.

Will I receive permission to work?

Ministerial intervention requests lodged on or after 1 July 2009

For a first request:

You will be permitted to work if:

  • you had permission to work on the last Bridging visa held (see Note below), and
  • at the time you made your ministerial intervention request, you had remained lawful since your last substantive visa application was finally determined.

Note: Some clients, including clients who have not been Protection visa applicants, may not be able to obtain permission to work while their application is being considered by the courts (judicial review). Where this is the case, they will not meet this requirement if they seek ministerial intervention after holding a Bridging visa on judicial review grounds.

For a repeat request:

A Bridging visa E can only be granted on the basis that you are making acceptable arrangements to depart Australia. Permission to work will not usually be granted but may be provided if the department accepts that there are exceptional and compelling circumstances that require you to work while making those arrangements.

Ministerial intervention requests lodged before 1 July 2009

For a first or repeat request:

  • If you have permission to work on your current Bridging visa E and it expires before the ministerial intervention request is finalised, you will be granted a new Bridging visa E with permission to work.
  • If you do not have permission to work on your current Bridging visa E and it expires before the ministerial intervention request is finalised, you cannot be granted permission to work on a new Bridging visa E.

What is a ministerial intervention request?

The Minister for Immigration and Citizenship has a set of public interest powers in the Migration Act 1958 that allow him to grant a visa or lift a bar to allow you to make a new Protection visa application. These powers are commonly known as ministerial intervention. Ministerial intervention requests are generally made by writing to the minister asking him to intervene in your case under one of his public interest powers.

Further information on ministerial intervention is available.
See:
Ministerial Intervention
Onshore – Protection

What is a first (initial) request for ministerial Intervention?

An initial request for ministerial intervention is a request made under section 48B, 345, 351, 391, 417 or 454 of the Migration Act 1958.  Any further request made under the same section or another of the listed sections, will be considered a repeat request.

I have work restrictions on my Bridging visa E, how can I change this condition?

You can apply on form 1005 to change your Bridging visa conditions to permit you to work. There is no visa charge associated with this application. If you satisfy the requirements set out above, you will be granted a new Bridging visa E with permission to work.
See: Form 1005 Application for a Bridging visa (219KB PDF file)

Will the changes affect access to Medicare?

If you are given permission to work while you are waiting for a decision on your ministerial intervention request, you may be eligible to access Medicare.

You can obtain further information on Medicare eligibility from Medicare offices.
See: Medicare Australia

Will applicants for ministerial intervention be able to access Centrelink benefits?

No. People who hold a bridging visa are not eligible for Centrelink benefits while pursuing their claims to remain in Australia.

Further information

From 1 July 2009, further information on the new arrangements will be available on the department's website.
See: Fact Sheet 62 Assistance for Asylum Seekers in Australia

Information will also be available from the department's telephone enquiry line.
Telephone: 13 18 81