Migration (Specification of Class of Persons) Instrument 2025 – Bridging Visa E Work Rights

The Australian Government has introduced the Migration (Specification of Class of Persons) Instrument 2025 (LIN 25/091). This will start on 1 October 2025. This new law replaces IMMI 15/026. It keeps the policy on work rights for some Bridging Visa E (BVE) holders. This mainly applies to those given visas through ministerial intervention.

This guide explains LIN 25/091, its implications for BVE holders, work rights, and how Emigrate Lawyers can help you navigate these changes.

Understanding Bridging Visa E (BVE)

A Bridging Visa E is a temporary visa. It lets people stay legally in Australia while their immigration status or protection claims are sorted out. LIN 25/091 primarily affects two subclasses:

1. Subclass 050 (Bridging Visa E – General): For individuals without a valid visa or whose previous visa has expired.
2. Subclass 051 (Bridging Visa E – Protection Visa Applicant): For individuals seeking protection visas or refugee status in Australia.

Traditionally, these visas imposed work restrictions through conditions 8101 (no work) and 8116 (restricted work). LIN 25/091 clarifies that certain BVE holders may legally work, providing certainty for both visa holders and employers.

Overview of LIN 25/091

1. Replaces IMMI 15/026.
2. Commences on 1 October 2025.
3. Made under paragraphs 050.613A(1)(b) and 051.611A(1)(c) of Schedule 2 to the Migration Regulations 1994.
4. Specifies a class of persons eligible to work.

This instrument ensures policy continuity and clarity regarding work rights for BVE holders.

Key Provisions of the Instrument

Specified Class of Persons

The instrument identifies a specific group of people. This group includes those who have a Subclass 050 or 051 visa. These visas are under section 195A of the Migration Act 1958.

These individuals are exempt from:

1. Condition 8101: Prohibits working in Australia.
2. Condition 8116: Restricts work to approved activities.

Purpose and Intent

LIN 25/091 explains the work rights for BVE holders. These rights are granted under ministerial intervention powers. This means they can work legally while waiting for immigration decisions.

Ministerial Intervention and Section 195A

Section 195A of the Migration Act 1958 allows the Minister to grant a visa. This can happen for someone in immigration detention. It does not matter if they did not apply for it. Key points:

1. Ministerial discretion: The Minister personally grants the visa based on public interest.
2. Non-compellable power: The Minister is not obliged to grant the visa.
3. Work rights: Section 195A recipients fall under the class permitted to work under LIN 25/091.

This ensures vulnerable individuals awaiting protection determinations are not restricted from employment opportunities.

Work Rights for BVE Holders

1. BVE holders can work freely if granted under section 195A.
2. Provides legal certainty for employers.
3. Supports financial independence for visa holders.
4. Promotes community integration through employment.

Impact on Subclass 050 and 051 Visa Holders

Subclass 050 (General)

People on Subclass 050 can now work full-time or part-time legally if their visa is granted under section 195A.

Subclass 051 (Protection Visa Applicant)

Subclass 051 holders who:

1. Applied for a protection visa.
2. Have been in Australia for 45+ days in the past year.

are included in the specified class for work rights. This ensures financial independence and legal employment while their applications are being processed.

Legal Context and Authority

1. Authority: Tony Burke, Minister for Immigration and Citizenship.
2. Commencement: 1 October 2025.
3. Legislative backing: Migration Regulations 1994, Schedule 2.
4. Repealed Instrument: IMMI 15/026.

LIN 25/091 is not subject to disallowance under section 42 of the Legislation Act 2003. This ensures policy continuity without delays in procedures.

Implications for Employers

1. BVE holders can legally work if granted under section 195A.
2. Employment must comply with Australian employment laws.
3. Hiring BVE holders in this class is lawful and risk-free.
4. LIN 25/091 provides a framework for HR and compliance.

Compliance Tips for BVE Holders

1. Verify visa subclass and grant under section 195A.
2. Keep a copy of the visa grant notice for employers.
3. Understand allowable work conditions and ensure employment aligns with visa rights.
4. Seek legal advice if unsure about work entitlements.

Emigrate Lawyers: Your Partner in Navigating BVE Work Rights

At Emigrate Lawyers, we specialise in migration law and assist BVE holders to understand:

1. Work rights and visa conditions
2. Ministerial intervention requests
3. Protection visa applications
4. Legal compliance and representation

We provide tailored legal advice to ensure visa holders can work lawfully and confidently while awaiting decisions. Contact experts at Emigrate Lawyers for professional guidance and support.

Frequently Asked Questions (FAQs)

Q1: What is the Migration (Specification of Class of Persons) Instrument 2025?

A1: LIN 25/091 is a legislative instrument specifying which Bridging Visa E holders may work in Australia. It replaces IMMI 15/026 and takes effect on 1 October 2025.

Q2: Who is eligible to work under LIN 25/091?

A2: Individuals granted a Subclass 050 or 051 visa under section 195A. Conditions 8101 and 8116 do not apply.

Q3: Does this change work conditions for all BVE holders?

A3: No, only BVE holders granted under ministerial intervention powers (section 195A) are included.

Q4: What is section 195A of the Migration Act?

A4: Section 195A allows the Minister to grant a visa to someone in immigration detention. This can happen in the public interest, even if they have not applied.

Q5: Are employers safe to hire BVE holders under LIN 25/091?

A5: Yes, hiring BVE holders in the specified class is lawful, provided standard employment laws are followed.

Q6: Does LIN 25/091 substantially change previous policies?

A6: No, it maintains continuity with IMMI 15/026 and ensures BVE holders retain work rights.

Q7: How can Emigrate Lawyers assist BVE holders?

A7: We provide legal advice on visa conditions, work rights, ministerial intervention applications, and overall migration compliance.

Conclusion

The Migration (Specification of Class of Persons) Instrument 2025 (LIN 25/091) clarifies work rights for Bridging Visa E holders in Australia. By specifying the class of persons eligible to work, it provides legal certainty, financial independence, and opportunities for community integration.

BVE holders should be aware of these changes to ensure compliance, safeguard employment rights, and make informed decisions. With the support of Emigrate Lawyers, navigating these reforms can be straightforward and stress-free.

Disclaimer: This blog is for general informational purposes only and does not constitute legal advice. For personalised guidance, consult a qualified migration lawyer.

Source: Migration-Specification-Class-of-Persons-Instrument-2025—-instrument.pdf and

Migration-Specification-of-Class-of-Persons-Instrument-2025.pdf