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Do you need to apply for Work Rights?

February 13, 2014 by Rosie Acutt


Do you currently hold a Bridging Visa C with no work rights? Need to work?

 

To apply for unrestricted work rights, you need to demonstrate to Immigration that you have a compelling need to work.

The relevant form to submit to Immigration is Form 1005.

‘A compelling need to work’ may include:

 

1. Financial hardship

There is no legal definition of financial hardship for Immigration purposes.

If you’re reasonable costs of living exceed your ability to pay them, then you are taken to be under financial hardship.

Download the following financial-hardship template to work out your weekly expenses. Once completed, you can use this form as evidence. Be sure to include evidence of your day-to-day living expenses including copies of receipts, bills etc.

Everyone’s financial circumstances are different. You must include evidence relating to your savings, income, expenses and support from other people (if applicable).

If you have other relatives or a partner / spouse in Australia, you must address why they cannot provide assistance to you.

The following factors will normally be taken into consideration in determining whether there is financial hardship:

– whether your claimed expenses are reasonable
– for example, expenses such as a gym membership and Foxtel may not be considered reasonable.
– how you have supported yourself to date and whether that support will continue
– whether you have any other means of support, e.g. relatives in Australia or overseas
– whether you will become an unreasonable charge on public funds or charitable institutions
– when your visa application is likely to be decided.

2. Nomination

If you are nominated by an employer (employer nomination, RSMS or 457 visa) and it appears that you would meet the criteria for the grant of that visa, you may be eligible to apply for unrestricted work rights whilst you wait for a decision to be made on you application, in order that you may commence working for your sponsoring company.

 


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