Waiting for a visa decision can take weeks or even months, leaving many applicants with an important practical question: can I work while waiting for a visa?
As we often explain here at IC AUSTRALIA, submitting a visa application does not automatically give you permission to start or continue working in most cases. Your right to work usually depends on your current immigration status, the visa you already hold, the type of application you submitted and whether the country provides temporary or bridging work rights while the application is being processed.
The safest general rule is simple: you should not work unless your current visa, work permit, interim status or official immigration document clearly confirms that you are allowed to do so.
A Pending Visa Application Is Not the Same as Work Authorization
One of the most common immigration misunderstandings is assuming that a pending visa application creates a temporary right to work.
A visa application generally shows only that you have asked the immigration authorities for permission to enter, remain, study, work or settle in a country. It does not necessarily mean that the permission has already been granted.
Three different legal questions must therefore be considered separately:
- Are you allowed to remain in the country while the application is pending?
- Are you allowed to work during that period?
- What conditions apply to the work you may perform?
It is possible to have permission to remain in a country without having permission to work. For example, a person may receive temporary lawful status while waiting for a decision but still be subject to visitor conditions that prohibit employment.
When Can You Usually Continue Working?
You may be able to continue working if you already held valid work authorization and submitted an eligible extension or renewal application before it expired.
However, the original restrictions often continue to apply. These may include limits relating to:
- The employer you can work for
- The type of job you can perform
- The location where you may work
- The number of hours you can work
- Whether you may be self-employed
- The date on which the temporary authorization ends
A pending application does not normally allow you to ignore the conditions of your previous visa. If your existing permit allows employment only for one employer, you should not assume that you can change employers while waiting for a new visa.
Applying for Your First Work Visa
People applying for their first work visa are usually in a different position from workers extending an existing permit.
If you currently hold a visitor visa or another status that does not permit employment, applying for a work visa will generally not allow you to begin working immediately. You will usually need to wait until the work visa or a separate employment authorization document has been approved.
This rule can apply even when:
- You already have a job offer
- The employer is ready for you to start
- You have completed your medical examination
- You have submitted biometrics
- You have received an application receipt
- The application appears likely to be approved
An application receipt proves that an application was submitted. It does not necessarily prove that the applicant has permission to work.
Can You Work While Waiting for a Visa Extension?
In some countries, applicants who submit a valid extension application before their existing visa expires may retain some or all of their previous rights.
This is sometimes described as maintained status, extended leave, interim status or bridging status. The terminology and conditions differ between countries.
To qualify, applicants may need to satisfy requirements such as:
- Filing before the current visa expires
- Submitting a complete and valid application
- Remaining inside the country
- Continuing with the same employer or occupation
- Complying with the conditions of the previous visa
- Holding a particular type of permit
- Avoiding international travel while the application is pending
Missing the filing deadline can make a major difference. Applying one day after a visa expires may result in different rights from applying one day before it expires.
Working While Waiting for a Visa in the United Kingdom
In the United Kingdom, Section 3C of the Immigration Act 1971 can extend a person’s existing immigration permission when a valid application to extend or vary that permission is submitted before the current permission expires.
The conditions of the previous permission normally continue during Section 3C leave. Therefore, a person who was permitted to work may generally continue working under the same restrictions. A person who was prohibited from working does not gain work rights simply by submitting a new application.
For example, a student who was permitted to work a limited number of hours would normally remain subject to that limit. A sponsored worker may also remain restricted by the conditions attached to the previous permission.
Applicants may be able to prove their continuing right to work through their eVisa and a share code. Where an online check is unavailable, an employer may need to use the Home Office Employer Checking Service.
Working While Waiting for a Visa in Canada
Canada uses the term maintained status in many extension cases.
A worker who applies to extend or change the conditions of a work permit before the existing permit expires may be allowed to continue working while the application is processed. The worker generally has to continue under the same conditions as the original work permit.
For example, someone with an employer-specific permit may usually continue working only for the employer, occupation and location authorized by the existing permit.
Canada’s immigration guidance also makes an important distinction between an extension and a first work permit application. Applicants applying for their first work permit in Canada do not automatically receive the same proof of continuing work authorization available to eligible extension applicants.
Applicants should retain their current permit, application confirmation, payment receipt and any official letter confirming that they may continue working.
Working While Waiting for a Visa in Australia
Australia may grant a bridging visa to certain people who apply for another substantive visa while they are already in the country.
A Bridging Visa A can allow the applicant to remain lawfully in Australia after the previous substantive visa expires. However, the right to remain does not always include unrestricted permission to work. The work conditions depend on the bridging visa granted to the applicant.
Applicants should check:
- Their bridging visa grant notice
- The conditions shown in Visa Entitlement Verification Online, known as VEVO
- Whether any limits apply to employment
- When the bridging visa becomes active
If a bridging visa does not permit work, the applicant may be able to apply for another bridging visa with work rights. In many cases, the person will need to demonstrate financial hardship or a compelling need to work. Approval is not automatic.
Travel is another major consideration. A Bridging Visa A generally ends when the holder leaves Australia. A Bridging Visa B may be required to leave and re-enter while a substantive visa application remains pending.
Working While Waiting for a Visa in New Zealand
New Zealand may automatically grant an Interim Visa to an eligible temporary visa holder whose current visa expires while another temporary visa application is being processed.
Whether the person can work depends on the conditions attached to the Interim Visa and the combination of the previous visa and the new application.
For example, a visitor who applies for a work visa may receive Interim Visa conditions equivalent to visitor conditions and may not work until the new work visa is approved. A person renewing an employer-specific work visa for the same employer, job and location may be allowed to continue working under the previous conditions.
This illustrates why the name of the temporary status is not enough. Applicants must read the actual conditions attached to it.
Working While a US Visa or Green Card Application Is Pending
In the United States, a pending immigration application does not automatically authorize employment.
Some visa categories authorize employment as part of the person’s status. Other applicants need an Employment Authorization Document, commonly called an EAD. Applicants with a pending adjustment of status application may be eligible to apply for an EAD using Form I-765, but they generally cannot rely on the pending green card application alone as proof of employment authorization.
Similarly, an international student applying for Optional Practical Training cannot begin OPT employment merely because the application is pending. USCIS states that the student must wait for approval and receive the relevant Employment Authorization Document before starting authorized OPT work.
Employment authorization renewal rules can depend on the EAD category, filing date and current regulations. Applicants should check the latest USCIS guidance rather than assuming that every timely renewal application automatically extends an expired EAD.
Does a Pending Permanent Residence Application Allow You to Work?
Not necessarily.
Applying for permanent residence and obtaining permission to work are often separate processes. An applicant may need to:
- Maintain a valid temporary work visa
- Apply for an open or bridging work permit
- Obtain an employment authorization document
- Wait for permanent residence approval
- Receive a specific interim status that includes work rights
The permanent residence application receipt should not be treated as employment authorization unless official rules or documents clearly say otherwise.
Can You Start a New Job While Waiting?
Even when you are allowed to continue working, you may not be allowed to start a new job.
Many temporary work permits are tied to a specific employer. Continuing with the current employer may be permitted while changing employers may require a new visa, a variation of conditions or separate approval.
Before accepting a new position, confirm whether your temporary work rights cover:
- The new employer
- The new position
- The new worksite
- The proposed working hours
- Any self-employed or freelance activities
A job title that appears similar to your existing role does not guarantee that it is covered by your permit.
Does Remote Work Count as Work?
Remote work can still be considered work for immigration purposes.
Working online for a foreign employer, operating an overseas business or providing freelance services while physically present in another country may create immigration, tax and employment-law issues. The fact that payment comes from abroad does not automatically place the activity outside local immigration rules.
Some visitor or digital nomad visas permit certain remote activities. Others prohibit productive employment or allow only limited incidental business activities.
Applicants should not assume that remote work is permitted simply because the employer or client is located outside the country.
Can You Volunteer While Waiting for a Visa?
Unpaid activity is not always legally classified as volunteering.
Immigration authorities may consider factors such as:
- Whether the activity would normally be performed by a paid employee
- Whether the organization is commercial or charitable
- Whether the person receives accommodation, meals or other benefits
- Whether there is a regular work schedule
- Whether the activity provides services to customers
- Whether the position is part of the ordinary labour market
Calling a position an internship, trial shift or volunteer role does not necessarily prevent it from being treated as unauthorized work.
What Documents Should You Check?
Before working while a visa application is pending, review the documents that establish your current immigration position.
These may include your existing visa, work permit, bridging or interim visa grant notice, application receipt, employment authorization document, online immigration status, official extension letter and employer verification result.
Pay particular attention to expiry dates and visa conditions. A document that proves lawful stay may not prove the right to work.
Employers may also be legally required to complete a right-to-work or employment eligibility check before allowing the employee to begin or continue working.
What Happens If You Work Without Authorization?
Unauthorized employment can have serious consequences. Depending on the country and circumstances, it may result in:
- Refusal of the pending visa application
- Cancellation of an existing visa
- Loss of temporary status
- Removal or deportation proceedings
- Problems with future visa applications
- Restrictions on permanent residence eligibility
- Penalties for the employer
- Loss of employment
In the United States, for example, unauthorized employment can create difficulties for certain adjustment of status applicants, although exceptions may apply to specific categories.
Applicants should not rely solely on informal advice from an employer, recruiter, friend or online forum. An employer’s willingness to offer work does not establish that the employment is lawful.
A Practical Test Before You Work
Ask these questions before starting or continuing employment:
- What immigration status do I currently hold?
- Did I apply before my existing status expired?
- Does my current status permit work?
- Do temporary or maintained-status rules apply to my application?
- Must I remain with the same employer?
- Are my hours, occupation or location restricted?
- Do I have an official document proving my right to work?
- Has my employer completed any required verification?
- Will travelling outside the country end my temporary status?
- Has any rule changed since I submitted the application?
If any answer is unclear, do not assume that the pending application protects you.
Frequently Asked Questions
Can I work immediately after submitting a work visa application?
Usually not, unless you already have valid work authorization or qualify for a specific interim, maintained or bridging status that permits employment.
Can I keep working after my current visa expires?
Possibly. Some countries allow eligible applicants to continue working when a valid extension application was submitted before the previous permit expired. The original employment restrictions usually remain in place.
Can an application receipt prove that I am allowed to work?
Not in every case. A receipt normally proves that an application was filed. You may also need an existing permit, extension letter, EAD, eVisa record, bridging visa or employer verification result.
Can I change employers while waiting for a decision?
Only when your current or temporary authorization allows it. Employer-specific permit holders may need separate approval before moving to a new employer.
Can I work remotely for a company in another country?
Do not assume that foreign remote work is permitted. Immigration rules may regulate activities performed while you are physically present in the country, regardless of where the employer is based.
Can I work if my visa application is delayed?
A processing delay does not create work rights by itself. Your ability to work depends on the legal status and conditions that apply during the delay.
The Final Answer
You may be able to work while waiting for a visa, but only when you already have valid work authorization or an applicable law, bridging visa, maintained status, interim visa or official document allows you to do so.
Submitting a visa application alone is rarely enough.
Before working, verify the exact conditions of your current status, confirm that your application was submitted on time and make sure you have acceptable evidence for your employer. Immigration rules differ significantly between countries and can change, so applicants should consult the relevant immigration authority or a qualified immigration professional when their situation is uncertain.
This article provides general information and does not constitute legal or immigration advice.