Bridging visa A>B>A - Reset work limitations

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Bridging visa A>B>A - Reset work limitations


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Old 07-11-2019, 05:53 AM
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Bridging visa A>B>A - Reset work limitations

Hi all,

I am on a bridging visa A from a 461 application from a WHV and am nearing the 6 months restriction for my current role a these conditions carried over from my previous visa.

My current employer wants/needs to keep me longer than 6 months, I am going to submit a 1005 with a letter from them and me. Hopefully that is enough (is this the correct form?).

Failing that, which is my concern, I read you could apply for a bridging visa B, leave the country and because you have switched to bridging visa B and then back to A the work restriction resets so in theory you have another 6 months. is this correct?

I am hoping immigration will understand why the 6 month is restrictive considering the visa processing time is now 27 months but i need a back-up as my employers need me to finish the project.

Any suggestions/help massively appreciated.


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Old 07-11-2019, 06:25 AM
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Quote:
Originally Posted by jimboallen95 View Post
Hi all,

I am on a bridging visa A from a 461 application from a WHV and am nearing the 6 months restriction for my current role a these conditions carried over from my previous visa.

My current employer wants/needs to keep me longer than 6 months, I am going to submit a 1005 with a letter from them and me. Hopefully that is enough (is this the correct form?).

Failing that, which is my concern, I read you could apply for a bridging visa B, leave the country and because you have switched to bridging visa B and then back to A the work restriction resets so in theory you have another 6 months. is this correct?

I am hoping immigration will understand why the 6 month is restrictive considering the visa processing time is now 27 months but i need a back-up as my employers need me to finish the project.

Any suggestions/help massively appreciated.
I do not know much about this BUT - I do not think you can get an extension on the 6 month limit on a visa that is not substantive (so on any Bridging Visa/s).

Also I think the Bridging Visa A & B run concurrently (one does not replace the other)

Finally immigration generally are not "concerned" about your employment only immigration and visa issues.


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Old 07-11-2019, 01:11 PM
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I think you want a form 1445 - application to remove the 6 month restriction.


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Old 07-11-2019, 11:01 PM
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There are separate forms - 1445 is the one if you do not yet hold a bridging visa, and 1005 if the one to change the conditions while you hold a bridging visa.

A BVB would replace your BVA but I'm not sure that it would change any work limitation you have.

Hopefully DHA will accept the fact that you've applied for a 461 visa and due to the lengthy processing time, it's difficult financially and emotionally to have to continue to change employers and will lift the 6-month limitation. I've heard they're pretty accommodating with the 1445 form so I'm not sure why they would treat the 1005 any differently.

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Old 07-11-2019, 11:20 PM
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I think you’ll find the BVB has the same conditions as the BVA plus ( limited) travel rights. You will remain on the BVB when you return to Australia. You won’t revert back to another BVA. The way I understand it, the work period would have reset when the original BVA came into effect.

I believe there are different policies in play for the work restriction waiver, depending on the visa you have applied for.

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Old Yesterday, 10:45 PM
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Thanks for your help, I will submit a form 1005 with a letter from my employer.

I have heard they're lenient with the 1445 on a WHV so can't see why it would be harder on a 461 bridging, processing time for it is over 50% of the actual visa (and it backdates to application date).

A friend of mine was told by their immigrant agent that when your BVB expires your BVA 6 month resets but that was last year so I don't know if that's changed? She managed to do that a few times on her bridging visa (leaving the country and returning in order to stay with the same employer).

Seems a little unfair if a WHV can work longer than 6 months but someone who has applied for a 5 year unrestricted visa wouldn't?


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Old Today, 12:05 AM
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The 6 month period re-sets when a bridging visa comes into effect. The BVB does not expire, only the travel facility does.The BVB would have replaced the original BVA.

Form 1445 says:

All other cases – exceptional circumstances only

In all other instances a request for an employment extension will only be approved in exceptional circumstances. Where permission is granted, it will generally be for a short period of time (days or weeks, not months).
Exceptional circumstances must relate to an Australian permanent resident, citizen or business and must be extraordinary and unforeseeable.

Exceptional circumstances might include remaining in your current job for one of the following reasons:

• for a very short time (days or weeks) as you are critical to the completion of a specialised project that has unexpectedly gone over time;
• performing disaster recovery work following a major disaster such as clean-up, re-building or emergency management activities following a major flood;
• remaining in your current job while a decision is being
made on an application for a visa which would allow you to continue full-time work with your employer without leaving Australia, such as an application for a Temporary Skill Shortage (subclass 482) visa or a Spouse visa


I have had waivers for sc. 187 (RSMS) and sc. 820/801 applicants with no questions asked. Not sure if there is a different policy for sc. 461 applicants.

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Old Today, 12:38 AM
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Quote:
Originally Posted by CCMS View Post
The 6 month period re-sets when a bridging visa comes into effect. The BVB does not expire, only the travel facility does.The BVB would have replaced the original BVA.

Form 1445 says:

All other cases – exceptional circumstances only

In all other instances a request for an employment extension will only be approved in exceptional circumstances. Where permission is granted, it will generally be for a short period of time (days or weeks, not months).
Exceptional circumstances must relate to an Australian permanent resident, citizen or business and must be extraordinary and unforeseeable.

Exceptional circumstances might include remaining in your current job for one of the following reasons:

• for a very short time (days or weeks) as you are critical to the completion of a specialised project that has unexpectedly gone over time;
• performing disaster recovery work following a major disaster such as clean-up, re-building or emergency management activities following a major flood;
• remaining in your current job while a decision is being
made on an application for a visa which would allow you to continue full-time work with your employer without leaving Australia, such as an application for a Temporary Skill Shortage (subclass 482) visa or a Spouse visa


I have had waivers for sc. 187 (RSMS) and sc. 820/801 applicants with no questions asked. Not sure if there is a different policy for sc. 461 applicants.
Thanks Nick, so is the 1005 or 1445 the correct form? I am on a bridging visa for 461.

When the BVB comes into effect does the 6 month restriction reset? ie. I can work another 6 months. I know when BVA is issued it resets.


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Old Today, 05:10 AM
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Form 1006 is the correct form for applying for a BVB unless you can do it through ImmiAccount.

Form 1445 is the form to request a waiver of the work limitation.

I do not know if the BVB grant will reset the 6 month restriction. I do not think so, as it is basically a continuation of the BVA, with (limited) travel rights added. I couldn't tell you for sure though and I don't have time to delve into it further at the moment.

Maybe one of the other RMAs on the forum has first hand experience with it.

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Old Today, 08:09 AM
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Quote:
Originally Posted by jimboallen95 View Post
Thanks for your help, I will submit a form 1005 with a letter from my employer.

I have heard they're lenient with the 1445 on a WHV so can't see why it would be harder on a 461 bridging, processing time for it is over 50% of the actual visa (and it backdates to application date).
What backdates? The visa expiry period doesn’t. It is 5 years from the date of grant.

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