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Bridging Visa working right after applying for Protection Visa 866?


kkhcivil

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Hi everyone,

After applying for Protection Visa 866, will the Bridging Visa allow the applicant to work in Australia while Protection Visa 866 is being processed? If that answer is unknown, is there any possibility for applicant to apply for a new Bridging Visa which has working right?

Thank you.

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Assuming this is for your brother (in your other post) then I doubt he qualifies for an 866 protection visa.

The fact he has time to plan "ideal" migration options suggests he does not meet the bar for asylum in Australia.

(I may be wrong but you have given few details)

Also note that once granted an 866 he can never return to that country so if it's a way to get here quick but he may wish to return (to see elderly relatives etc) then it's not an option

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According to the Jan 2024 update from the Department there were 1,769 applications for a SC866 in that month.  There were 1,479 applications finally determined in the same month.  Of those there were 316 visas granted.  This is not a straight path or straightforward visa to be awarded.  I am unaware of official published timelines for this visa approval process.

In theory you can get a Bridging Visa A, C or E when you apply for an 866 visa as the 866 application form can be used for applications for all of these bridging visas.  Which visa is granted will depend on what they are bridging from and I would have expected that if it is from a substantive visa (eg a 482) then work rights would be given.  If it is from a temporary and restricted visa, such as a SC600, then it is improbable that they would be given.  Depending on a host of personal circumstances you can apply to have the No work restriction lifted, but you need to prove a compelling need to work.  If there are family members in Australia (a brother, for example) that can support the applicant without them needing to work then it would be very hard to prove that compelling reason - it is intended for people who literally cannot provide a roof over thier heads or food to eat.

A 'No work' provision also is very restrictive and is not just paid employment.  No work means that the applicant cannot do anything that would draw pay from an Australian; childcare, helping out in the family business, driving workers to site would all be considered work, even if no money changed hands.

 

This is generic info and not Migration Assistance

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