Even if you have been refused work permission once, it is still possible to succeed on subsequent applications.
It is possible to obtain discretionary work permission on most bridging visas. Most of the time, the discretionary criteria is dependent on whether you are able to demonstrate financial hardship.
This can be quite subjective and there is no clear numerical figure which the Department will determine as meeting the ‘financial hardship’ criteria.
I was first approached by Mr Shen in early October 2021 about a failed application to obtain work permission on a bridging visa E a month ago.
He engaged an agent to assist him in the application but was unsure what the agent had put forward to the Department nor was he aware of the actual legal criteria. He only informed me that he had provided the agent with his most recent bank account statement. He was also unaware of why the application was refused.
So, he approached us for help.
We got them an approval of work permission within 2 days.
Difficulties with this case
Usually, working with an application that was previously refused is difficult for a number of reasons:
- the Department already has information previously submitted to them which they deemed unsatisfactory; and
- the second application needs to properly address the reasons why the first application was refused.
In this case, because Mr Shen himself was unaware of the reasons nor what was presented forward to the Department, we had to be extra careful in not presenting inconsistent information and to ensure the case was strong in all aspects.
‘Financial hardship’ is usually demonstrated when there is a clear inability to pay for reasonable living expenses. This can be quite subjective so it is very important that an agent or a lawyer submits the application along with a legal submission making it clear why you are experiencing financial hardship.
Evidences that generally will need to be presented include (but are not limited to):
- receipts/invoices for bills including utilities, medical, rent, other expenses etc.
- a bank statement showing your current financial position
If you are unsure whether you would be able to obtain work permission, you should get in touch with us so we can assess your circumstances.
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