491 Visa Holders · Growmore Immigration

491 Visa Holders

FOI on Condition 8579 for 491 Visa Holders

Freedom of Information Access Request – FA 23/07/00752

Condition 8579 is a mandatory condition that applies to all Skilled Work Regional (Provisional) visa (subclass 491) holders.

Condition 8579 requires visa holders to live at a residential address which is located in an Australian designated regional area (DRA), and usually spend work hours routinely performing usual work duties on behalf of the employer from a work location which is in a DRA.

The area a subclass 491 visa holder lives in must have been on the list of DRAs on the date they were granted their visa.

The employer of a subclass 491 visa holder does not need to be located in a DRA, but if the employer is foreign owned or based overseas, the subclass 491 visa holder may be required to provide evidence that remuneration is paid to the visa holder in Australia and income tax is payable in Australia.

All subclass 491 visa holders must have complied with the requirements of condition 8579 for the period they held the visa, to be eligible to be granted a Permanent Residence (Skilled Regional) visa (subclass 191).

Condition 8579 is not intended to prevent a visa holder from engaging in incidental activities outside a DRA. Such activities may include:

•holidays;

•work-related travel;

•work-related training.

Visa officers take account of the personal circumstances affecting individual visa holders when assessing compliance with condition 8579.

Under policy, further information may be sought from the visa holder on the reason for travel outside the DRA, where:

•the holder spends more than 90 days in total per annum outside the DRA; or

•the holder spends more than 60 continuous days outside the DRA.

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