Auburn Service

* *********: HOW TO APPLY FOR PERMISSION TO WORK IN AUSTRALIA

How to Apply for Permission to Work in Australia

This fact sheet sets out the steps you need to check you Bridging visa conditions, work out your eligibility for a Bridging visa with work rights and apply for a Bridging visa with work rights. Once you have been granted a Bridging Visa, you may be allowed to work in Australia. To check you will need to see if there are conditions on your Bridging Visa preventing you from working or limiting your ability to work. If you have condition ‘8101 No Work’ on your Bridging Visa you cannot legally work in Australia. If you breach condition 8101 your Bridging Visa could be cancelled meaning you will be at risk of being detained and/or removed from Australia. In certain circumstances, where you have condition 8101 on your Bridging Visa, you can apply for a new Bridging visa which does not have this condition. More information on the steps you can take to check your eligibility and how to apply for work rights are set out below.

Step One: Checking your visa conditions

To check the conditions on your Bridging Visa, you can:

• Check your bridging visa grant notice; or

• Conduct a search via the Department of Home Affairs ‘Visa Entitlement Verification Online’

(VEVO) service using your Immi Account.

If your visa does not have condition 8101 No Work, this means that you can legally work in Australia. If your visa has condition 8101, you may be able to apply for a new Bridging visa without this condition. Step Two: Finding your Eligibility to apply for permission to work Whether you can apply for work rights depends on which Bridging visa you hold, what conditions are on that visa and where your case is up to.

If your case is being reviewed by a court, and you have a Bridging visa with no work rights, there is no way to apply for work rights. You will only have work rights if these were on the last Bridging visa you held.

If your case is being considered by the Department, the AAT or the IAA, you can apply for work rights if you are able to meet certain criteria. These criteria depend on whether your bridging visa is a Bridging Visa C, or a Bridging Visa E.

To be eligible:

• Bridging visa C holders need to demonstrate a ‘compelling need to work’, which requires you to demonstrate that you are suffering financial hardship.

• Bridging visa E holders need to demonstrate a ‘compelling need to work’, which requires you to demonstrate that you are suffering financial hardship, as well as satisfy the Department you have an ‘acceptable reason for your delay’ in applying for a Protection visa. This means you need to explain why you did not apply for a Protection visa earlier. 2 FACTSHEET: HOW TO APPLY FOR PERMISSION TO WORK IN AUSTRALIA You may also be eligible for work rights if you are making arrangements to depart Australia but whether you are granted these is at the discretion of the Minister’s delegate at the Department of Home Affairs. Step Three: Applying for a Bridging Visa with permission to work You can apply for a bridging visa with permission to work by completing Form 1005 ‘Application for a Bridging Visa’.

When filling out the form, you will need to apply under Part A – Application Details by ticking the box ‘To change the visa conditions on your bridging visa’. Answer all questions clearly and in English. To support your application, you will need to include documentation which evidences financial hardship. This generally includes:

• 3 months’ worth of bank statements/transaction lists printed from your online banking account for each bank account you have. Importantly, this is generally the minimum documentary evidence required. If you do not have bank statements, you are much less likely to be granted work rights.

• A rental agreement such as a lease or tenancy agreement or, if you have an informal arrangement, a letter from your landlord or person you staying with setting out the rent you pay if any.

• Evidence of other ongoing expenses e.g. electricity, gas, internet, mobile phone bills, medical expenses, food shopping receipts etc. If these are in another person’s name but you pay them, you can explain this in the Form 1005 application.

• Evidence of any debts you owe. This could be letters from friends who have loaned you money.

• Any other evidence of regular expenditures you have to spend.

• Evidence of any income you have.

Remember the information you provide may be used for the assessment of your eligibility for other visas. If you are concerned about what information to put in your application for a Bridging visa with work rights, you should seek migration advice.

When the application is ready, the paper form 1005 and supporting documents can be posted to the following address:

Visa and Citizenship Office

Department of Home Affairs

GPO Box 9984

Sydney NSW 2001

If you are applying for a Bridging Visa E with work rights, you can also email the form to the Department of Home Affairs. You may also be able to submit this form electronically. Check your Immi Account to see if you have this permission.

If your circumstances change after submitting the application, you must inform the Department of Home Affairs of the changes.

It is strongly advised you keep a copy of your application and all attachments for your records. 3 FACTSHEET: HOW TO APPLY FOR PERMISSION TO WORK IN AUSTRALIA Getting Help from RACS

RACS is entirely independent of the Department of Home Affairs. All assistance is free If you would like advice or assistance, RACS offers the following service options: Service Day Time Address/Number

Telephone

Advice

Monday to Friday 10AM to 1 PM and

2PM to 4PM

(02) 8355 7227 or

*****@****.***.**

Auburn Drop-

in

Wednesday Register in person from

10 AM to 12 PM

Visit 44A Macquarie Road,

Auburn

Parramatta

Drop-in

Friday Register in person from

10 AM to 12 PM

Visit 2 Darcy Road,

Westmead

Please note: This fact sheet contains general information only. It does not constitute legal or migration advice. RACS is independent of the Department of Home Affairs. All assistance is free. This factsheet was prepared in November 2019.

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