BVA (010)
Inherited from substantive visa. Automatic. Nothing extra required. See BVA guide.
Your employer says they need you on the payroll. Your bridging visa says condition 8101. This page walks through every work-rights scenario on every bridging visa type, and shows you how to apply for rights when you do not have them.
BVA and BVB rights inherit from the substantive visa. BVC and BVE need Form 1005. BVD has no pathway.
Inherited from substantive visa. Automatic. Nothing extra required. See BVA guide.
Same as BVA. Automatic. Nothing extra required. See BVB guide.
No work by default (cond 8101). Form 1005 hardship application required.
BVD has no work rights pathway. BVE requires Form 1005 with supporting grounds beyond hardship alone.
Form 1005 is for BVC and BVE holders. BVA and BVB holders do not use it.
The Department applies a no reasonable means of support test. Hardship means genuine inability to meet basic costs.
Demonstrated inability to pay essentials: food, rent, utilities, medical care. Bank balance below approximately 8 weeks of basic expenses. No alternative income sources.
Inconvenience, lifestyle reduction, reluctance to rely on family. A bank balance of $20,000 does not meet hardship. Spouse earning sufficient Australian income does not meet hardship.
Work rights are not backdated. They apply from the grant date forward. Employer should verify via VEVO before you start.
The belief that cash-in-hand work goes undetected is outdated. Tax office data-matching has flagged breaches from more than 5 years prior in appeals we have represented. Condition 8101 breaches trigger cancellation, 3-year re-entry bans, and PIC 4020 scrutiny on future applications.
For Form 1005 applications, book with Sourabh Aggarwal.