If a potential employee is on an Australian Partner Visa and “a bridging visa” please check with Visa Entitlement Verification Online (VEVO) to determine if the person has a right to work. The Department of Home Affairs allows employers to check current visa details and conditions. Employers are allowed to check but must obtain the visa holder’s permission before checking.

The employer should always check VEVO rather than treating a bridging visa as proof of current work rights.

Bridging Visa A

Under Schedule 2 to the Migration Regulations 1994, a Bridging A Visa can come into effect on “grant” or when the person’s “substantive visa ceases”.

The things you need to consider when a worker or potential worker is on a Bridging Visa A are:

• Overseas travel.
• Breakdown of spouse or partner relationship (if basis of the visa is based on a spouse partner relationship).
• Care in ensuring you do not accidentally discriminate against a worker or potential employee because of their Bridging A Visa status.

Overseas Travel when on Bridging A

Please note on such a Bridging A Visa, overseas travel may cause that visa to cease. Understanding this is important as if such an employee leaves without a “substantive decision” made on their status, it is highly likely their return to Australia may require a new visa or no right of entry or work at all.

Relationship breakdown when on spouse/partner Visa

This is especially important for Partner Visa applicants. If you become aware that an employee has separated from the person sponsoring their application, do not assume their visa – and therefore their work rights – have automatically ended. It is not necessarily correct as a Partner Visa application may continue after separation, including where the sponsor has died, the family violence provisions apply, or the couple has a child and shares access and parental responsibility. Please refer to the Home Affairs website that provides relationship cessation guidance for Partner Visa applicants.

Discrimination Risks

There are also discrimination considerations. The Australian Human Rights Commission notes that the Racial Discrimination Act 1975 protects against discrimination on the basis of immigrant status in employment, while still recognising that a person must have valid work rights for the role.

This means if an employer is unsure of whether a bridging visa permits work, a careful and detailed review of work rights will help you prevent either unlawful employment or unnecessary disruption to an employee who has a right and is entitled to continue working.

Visa holders and migrant workers have the same fundamental workplace protections as other employees. That is why it is important to verify and not to assume, and obtain specialist advice when uncertain and required.

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