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Denial of Australia Student Visa Application
Greetings everyone,
My family (my wife, our 2-year-old son, and I) arrived in Australia in May 2024 on a visitor visa.
In June 2024, we applied for an onshore Student Visa Subclass 500 for my wife, who was eager to pursue a diploma in Early Childhood Education (ECE).
However, after waiting and living under Bridging Visa A for 10 months, we received a refusal letter from the Australian Department of Home Affairs yesterday, stating that they believe we are not genuine students.
Our immigration consultant has informed us that we can submit an appeal to the Administrative Appeals Tribunal (AAT), which will review our case and issue a decision; however, this process may take one to two years.
As we are currently holding Bridging Visa A, we are unable to work in Australia. My question is: once we submit the appeal, is there any possibility of obtaining a work permit?
It has become increasingly challenging and disheartening to remain at home without employment. 😔
I am seeking expert advice on how to navigate this situation effectively.
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1 Reply
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G’day Adam and welcome to our community. 🙂
I’m sorry to hear about your student visa refusal. Since your wife’s Subclass 500 application was refused, and you are currently on a Bridging Visa A (BVA), you can apply for work rights in some cases.
Here’s what I think you need to know based on my research
1. Appeal to the AAT – If you decide to appeal the decision, your current BVA remains valid until the AAT makes a determination.
2. Work Rights on BVA – By default, a Bridging Visa A granted with a student visa application typically does not allow work. However, you may be able to apply for work rights by submitting a separate application for a new Bridging Visa A with work rights (Form 1005).
3. Criteria for Work Rights – To be eligible, you must demonstrate financial hardship—meaning you cannot support yourself or your family without working.
4. Processing Time & Next Steps – The Department of Home Affairs assesses work rights applications on a case-by-case basis. If approved, you will receive a new BVA with permission to work.
5. Alternative Visa Options – While waiting for the AAT decision, you could explore other visa pathways, such as employer-sponsored visas, if you find a job where the employer is willing to sponsor you.
This is a pretty complex set of circumstances and I recommend discussing this with a migration agent to ensure your application for work rights has the best chance of approval.
We have an MARA qualified Agent we can refer you to if needed (though please note they charge a small fee for an initial assessment)
Let me know if you need help with the process!
All the best
Mark
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