Work Rights When Applying for Permanent Residency from a Temporary Visa

For many visa holders, lodging a permanent residency (PR) application marks a turning point in their Australian journey. It is the stage when Australia begins to feel like home. However, between holding a temporary visa and obtaining permanent status lies a critical detail that can easily be overlooked: your work rights.

 

Many applicants assume that applying for a permanent visa automatically provides broader work rights. Your ability to work depends on the conditions of your current visa, and later, on the bridging visa that comes into effect once your temporary visa ends.

 

When a permanent visa application is lodged while you still hold a temporary visa, the conditions of your existing visa remain in force until that visa expires. This means you must continue to comply with your current visa conditions, such as work-hour limits, employer restrictions, or “no further stay” clauses.

 

For example, a Student Visa holder must still follow the prescribed working hours even after submitting a PR application. Similarly, a Temporary Skill Shortage (TSS) visa holder must continue working for their sponsoring employer until the new visa takes effect. Lodging a permanent visa application does not override these existing obligations.

 

Once your temporary visa expires, a bridging visa is usually granted to keep you lawfully in Australia while the Department processes your permanent visa application.

 

A bridging visa does not automatically allow unrestricted work. In many cases, it inherits the same work conditions as your previous visa. Some bridging visas permit full work rights, while others impose restrictions or may not allow work at all unless you can demonstrate financial hardship or other compelling reasons to vary the conditions.

 

It is also important to remember that a bridging visa only becomes active once your current visa expires. Always check your visa grant notice to understand what you can and cannot do. The notice sets out the specific visa conditions and the date on which they take effect.

 

Taking time to review these details can prevent unintentional breaches of visa conditions, which can affect your immigration status and delay future applications.

 

Applying for a permanent visa is a significant step toward building a long-term future in Australia, but it does not immediately change your legal status or your right to work. Your visa conditions continue to apply until they are formally replaced.

 

By understanding the work conditions attached to both your temporary and bridging visas, you can make informed decisions about your employment and stay compliant throughout the process. Attention to these details helps ensure a smooth and secure transition to permanent residency.

Contact us for assistance

Rehman Sheriff Group is an Australian Law Firm specialising in Immigration and Skills Acquisition.

The information contained in this publication is of a general nature only. It should not be used as legal advice. Sources available upon request. To the extent permissible by law, Rehman Sheriff Group and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation. Please refer to our website’s terms of use.

Subscribe to upcoming new & events

Discover more from Rehman Sheriff Group

Subscribe now to keep reading and get access to the full archive.

Continue reading

Request a Call Back