Australia's Subclass 491 Visa & Regional Jobs: A Guide to Conquering Common Challenges

The Subclass 491 Skilled Work Regional (Provisional) visa is a provisional visa designed to offer a distinct path to permanent residency in Australia, contingent upon visa holders living, working and studying in regional Australia for a minimum of 3 years.

Must live, work, and study only in a designated regional area of Australia

The Subclass 491 Skilled Work Regional (Provisional) visa comes with specific conditions, including Condition 8579, requiring visa holders to live, work, and study exclusively in designated regional areas of Australia from the visa grant date. Adhering to these conditions is paramount, as any non-compliance may result in a visa getting cancelled by the Department of Home Affairs.

To ascertain compliance with Condition 8579, the key factor is the physical location of the individual in relation to their regular workplace. If the person's usual workplace is within a designated regional area, they fulfil the condition's requirements.

For individuals facing challenges in securing employment within their designated regional area, here are options to consider:

1. Working for Employers Located in Metropolitan areas:

The location of the employer is not conclusive, as they may be based in a metropolitan area of Australia or overseas but operate in a designated regional area through a local office or branch. If the visa holder works at a local office situated in a designated regional area, they satisfy the work requirements of Condition 8579.

2. Explore Alternative Employment in Local Area:

Visa holders can actively seek alternative employment pathways within their local area, complying with the requirement that their usual place of work is in a designated regional area.

This option extends to establishing one's own business and providing services to metropolitan areas, provided the person is physically located within the designated regional area concerning their primary workplace.

3. Pursue Opportunities in Other Regional Areas:

While Condition 8579 mandates living, working, and studying in the designated regional area at the time of visa grant, it does not preclude individuals from exploring employment prospects in other regional areas of Australia. Visa holders have the flexibility to move between regional areas and seek additional employment opportunities, as long as they maintain residence, work, and study in a regional area throughout the entire period of holding the Subclass 491 visa.

 

How Can Agape Henry Crux Help

If you require any assistance in relation to a NSW Skilled Regional Work Visa (Subclass 491) about your visa conditions, contact us at Agape Henry Crux, our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and migration agents are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.  

We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.  

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.