desync1205 Posted July 16, 2015 Share Posted July 16, 2015 Hi, I currently have Bridging Visa A, class WA, subclass 010. My previous visa, Student Visa, expired a few months ago, and I am somewhat confused about my work limitations. The thing is, I need to make money to pay for my tuition fees for university, (finished 1st semester) and I intend to apply for leave of absence pretty soon. However, my VEVO says I have work limitation of 8105, that says: [the visa holder must NOT engage in work in Australia for more than 40 hours a fortnight during any fortnight when the holder's course of study or training IS IN SESSION] But what I am not completely sure of is whether 1) I can apply for leave of absence safely without having to leave Australia, and 2) whether I can work full-time in the leave of absence period legally. So the question is about whether leave of absence is considered NOT IN SESSION. Thank you in advance. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted July 16, 2015 Share Posted July 16, 2015 What conditions are on your BVA, and what visa have you applied for? Quote Link to comment Share on other sites More sharing options...
blossom Posted July 16, 2015 Share Posted July 16, 2015 I'm very confused. What visa have you applied for? Leave of absence from what? If no new visa has been issued and you are on bridging visa a, with your student visa having expired (I'm guessing early March?) then you can work full time UNTIL your new visa kicks in. Then whatever conditions apply for that visa take over. So if it's another student visa you will have to stop work until your course starts. If it's a work visa then whatever those conditions are etc etc. Quote Link to comment Share on other sites More sharing options...
scattley Posted July 16, 2015 Share Posted July 16, 2015 Making a few guesses here....you are applying for a leave of absense from the university so you don't have to pay for the course until your other visa comes through...which I am guessing means you are not paying international fees? Leave of absense from the university only happens when you are having a Bub and have to miss a couple of weeks (and for most postgrad degrees you are only allowed to miss a single week of classes before you fail the course (this is the rule for USyd)... In that case you cannot work FT during this period only 20 hours a week and if you are not going to be able to return to the class I doubt you will be even permitted to work 20 Hours a week as your visa will be suspended. The government doesn't care that you need to work to pay the fees because the expectation is you had all the fees for the course without the need to work at all....that's a requirement of the student visa in itself...so there will be no compassion given by the governments for you. Quote Link to comment Share on other sites More sharing options...
desync1205 Posted July 17, 2015 Author Share Posted July 17, 2015 Thanks for replies. Here is some extra info. My father applied for 401 visa (long term work), and my mother and I are dependent on this. I intend to apply for leave of absence from my university (UTS) for 1 semester. (because international fees are expensive as hell) My VEVO page says I have visa condition 8105, which says: [You are not to work more than 40 hrs per fortnight IF your study is in session.] So when on holiday, fulltime work is legal. However, what I am not sure about is whether leave of absence (or deferment) is considered as NOT IN SESSION, which would allow me to work full time. It seems like the visa conditions from my previous Student visa has been carried over to my BVA, since VEVO has that pesky work limitation attached to my bridging visa. Quote Link to comment Share on other sites More sharing options...
scattley Posted July 17, 2015 Share Posted July 17, 2015 In this case a leave of absense from university will cancel your student visa which would affect your bridging visa (most likely cancel it). Quote Link to comment Share on other sites More sharing options...
Bungo Posted July 17, 2015 Share Posted July 17, 2015 Thanks for replies. Here is some extra info. My father applied for 401 visa (long term work), and my mother and I are dependent on this. I intend to apply for leave of absence from my university (UTS) for 1 semester. (because international fees are expensive as hell) My VEVO page says I have visa condition 8105, which says: [You are not to work more than 40 hrs per fortnight IF your study is in session.] So when on holiday, fulltime work is legal. However, what I am not sure about is whether leave of absence (or deferment) is considered as NOT IN SESSION, which would allow me to work full time. It seems like the visa conditions from my previous Student visa has been carried over to my BVA, since VEVO has that pesky work limitation attached to my bridging visa. So are you on a student visa, a bridging visa or dependent upon your fathers 401 visa? You are not making any sense. And the idea that you can appply for a student visa, but then get leave of absence because you can't afford the fees is absurd! Quote Link to comment Share on other sites More sharing options...
desync1205 Posted July 17, 2015 Author Share Posted July 17, 2015 My student visa EXPIRED in March 2015. I am on BRIDGING VISA. (sorry for shouting) I am dependent on my father's application for 401 visa, which has not been issued yet, thus the Bridging Visa. Quote Link to comment Share on other sites More sharing options...
blossom Posted July 17, 2015 Share Posted July 17, 2015 You need to talk to a migration agent about this. First off, is the course you are currently doing the same one you were doing when on the student visa, or a whole new course? 'Normally' by the time you have gone onto a bridging visa your course would have finished so would not be in session (as it's over) so could work full time. If you are still doing the same course then you would still be bound by the same rules and then only holiday times count as not in session, so you could not work more than 40 hours a fortnight. If it's a whole new course then these rules might not apply as the course your student visa was for is no longer in session, but you should double check that with an agent. Quote Link to comment Share on other sites More sharing options...
MissNancy Posted July 17, 2015 Share Posted July 17, 2015 (edited) Hello :-) Your bridging visa will have the same conditions as your student visa which is a maximum working week of 20hours a week during term time. Whether or not you're still studying, the conditions remain the same until you're granted a new substantive visa. A voluntary leave of absence does not qualify as 'non term time' so irrespective of your decision to take time off from studying, you're still legally bound by the conditions of your most recent substantive visa. My advice would be to stay in uni and complete your education. Most universities have financial assistance and payment plans. Don't get bogged down with visa issues and full time work when you're still a dependant. Get a part time job and pay for the fees as and when you can. Good Luck :-) Edited July 17, 2015 by MissNancy Quote Link to comment Share on other sites More sharing options...
blossom Posted July 17, 2015 Share Posted July 17, 2015 Hello :-) Your bridging visa will have the same conditions as your student visa which is a maximum working week of 20hours a week during term time. Whether or not you're still studying, the conditions remain the same until you're granted a new substantive visa. A voluntary leave of absence does not qualify as 'non term time' so irrespective of your decision to take time off from studying, you're still legally bound by the conditions of your most recent substantive visa. My advice would be to stay in uni and complete your education. Most universities have financial assistance and payment plans. Don't get bogged down with visa issues and full time work when you're still a dependant. Get a part time job and pay for the fees as and when you can. Good Luck :-) This is not correct. If the course has officially ended then it is no longer in session and you can work full time. It's somewhere or other on the immigration website (as they make it clear now it has to be after the official finish date, not just when you have done all your work. Back when I finished it wasn't so black and white). I had to check for myself as I was on a bridging visa for 18 months and I was indeed able to work full time. Quote Link to comment Share on other sites More sharing options...
desync1205 Posted July 18, 2015 Author Share Posted July 18, 2015 (edited) Hey blossom, my uni course began in Feb 2015 and it has not ended yet. It will be 5 years long. My previous Student visa was for my High school study. That ended in 2014. The visa condition 8105 says I cannot work more than 40 hrs/fort if study is not in session. The thing is, I called the immi gov today and they told me that if my CoE is not cancelled by my university even after leave of absence, then I am supposed to be able to work full time. But still it sounds somewhat off - I know this comes from the governemnt and all though. Thanks for all replies btw. Edited July 18, 2015 by desync1205 Quote Link to comment Share on other sites More sharing options...
scattley Posted July 20, 2015 Share Posted July 20, 2015 Hey blossom, my uni course began in Feb 2015 and it has not ended yet. It will be 5 years long.My previous Student visa was for my High school study. That ended in 2014. The visa condition 8105 says I cannot work more than 40 hrs/fort if study is not in session. The thing is, I called the immi gov today and they told me that if my CoE is not cancelled by my university even after leave of absence, then I am supposed to be able to work full time. But still it sounds somewhat off - I know this comes from the governemnt and all though. Thanks for all replies btw. Step one is to actually apply for a leave of absence. You may find that they will accept this but they will cancel your COE and as such your student visa. Leave of absences for international students are very hard to get and are usually due to medical issues and not "wanting to take a break". In that case they cancel your position at the uni and you have to reapply latter and request credit towards whatever degree you started. All this discussion is a moot point if you are not able to get a leave of absence. Quote Link to comment Share on other sites More sharing options...
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