Can I Work While My Visa Application Is Being Processed?

One of the most common questions we receive at Morgan Clifford Legal Services in Brisbane is:  “Can I legally work in Australia while I wait for my visa to be approved?”

The answer depends on a few key factors, including your current visa, the type of visa you’re applying for, and whether you’ve been issued a bridging visa.

Below, we’ll break down what you need to know about working rights during visa processing, and how we can help you avoid mistakes that could impact your future in Australia.

Understanding Bridging Visas

If you’ve lodged a visa application while you are already in Australia, you will usually be granted a Bridging Visa. This temporary visa allows you to legally remain in Australia while your new visa is being processed.

There are different types of bridging visas (A, B, C, etc.), but the most common one is the Bridging Visa A (BVA). Whether or not you can work while holding a bridging visa depends on:

• The visa you held previously
• The conditions attached to your bridging visa
• The type of visa you are applying for.

When You Can Work While Waiting

Here are some common scenarios where visa applicants are allowed to work while their application is being processed:

1) You Held a Visa With Work Rights Previously

If your previous visa had full work rights (for example, a student visa with work entitlements or a temporary work visa), your bridging visa will likely carry over the same work conditions.

2) You’re Applying for a Partner Visa (Subclass 820/801)

Applicants for onshore partner visas are typically granted full work rights once their Bridging Visa A becomes active. This allows you to continue working legally in Australia while you wait for your visa outcome.

3) You’ve Been Granted Permission to Work Due to Financial Hardship

If your bridging visa does not initially grant work rights, it may be possible to apply for work rights based on financial hardship. You’ll need to provide evidence that you are genuinely unable to support yourself without income. This application must be prepared carefully and backed by supporting documentation.

At Morgan Clifford, we assist clients with preparing strong submissions for permission to work, ensuring the correct forms and evidence are provided to improve the likelihood of approval.

When You Cannot Work While Waiting

Unfortunately, not everyone is allowed to work while waiting for a visa. Here are some situations where working may be restricted or prohibited:

1) You Applied for a Visa While on a Visitor Visa

Visitor visa holders are not allowed to work in Australia. If you apply for another visa while holding a visitor visa, your bridging visa is unlikely to include work rights. Attempting to work in this situation can lead to visa cancellation or future migration restrictions.

2) Your Bridging Visa Has a “No Work” Condition

Some bridging visas are granted with a condition 8101 (No Work) or condition 8102 (Limited Work). If these conditions are in place, you must not work unless you successfully apply for a change in conditions due to hardship or are granted a new visa that permits work.

What About Employer-Sponsored Visas?

If you’ve applied for an employer-sponsored visa such as the subclass 482 (TSS visa), you must wait until the visa is granted before starting work with your sponsoring employer — even if you are in Australia.

Starting work before approval is a breach of visa conditions and can have serious consequences for both you and your sponsor.

Why You Need to Be Cautious

Many people assume that once they’ve applied for a new visa, they can automatically work — but this is not always the case. Working without the proper visa or outside your conditions can result in:

• Visa cancellation
• Future visa refusals
• Barriers to permanent residency
• Employer penalties

At Morgan Clifford Legal Services, we regularly advise clients on their current visa conditions and whether they have the right to work during processing.

We also assist in applying for work rights where necessary, ensuring all legal obligations are met.

How We Can Help

Our team of Brisbane-based migration lawyers can assist with:

• Reviewing your current visa conditions
• Confirming if you can work during visa processing
• Applying for permission to work due to financial hardship
• Advising employers on compliance with visa rules
• Helping avoid unlawful work that could affect your immigration status

Whether you’re applying for a partner visa, student visa, skilled visa, or employer-sponsored visa, we’ll help you understand your rights and obligations every step of the way.

Can I Work While My Visa Application Is Being Processed?

You may be able to work while your visa is being processed — but only if your current visa or bridging visa allows it. Every case is different, and working without authorisation can jeopardise your entire migration pathway.

Before you accept a job or continue working, get professional legal advice to ensure you’re doing the right thing.

Need help understanding your work rights while your visa is processing?
接触 Morgan Clifford Legal Services today. We provide clear advice, strong legal representation, and peace of mind throughout your visa journey.

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