Most Australian visas have conditions. To ensure a visa isn’t cancelled, applicants need to ensure they abide by all visa conditions.
When it comes to regional visas, the most obvious visa condition is to live, work and study in a designated regional area (DRA). The designated regional area must have been on the list of designated regional areas when their visa was granted.
Condition 8579
Condition 8579 applies to the Skilled Employer Sponsored (Provisional) Visa (subclass 494) and the skilled Work Regional (Provisional) Visa (subclass 491). The condition states that holders of these visas must live, work and study in their designated regional area.
Visa holders must live at a residential address which is in a designated regional area and usually spend work hours, routinely performing their work duties on behalf of the employer from a work location in the DRA. This condition also applies to dependent family members on the visa holder’s application.
Can you travel to non-regional areas of Australia with a regional visa?
Condition 8579 is not intended to prevent visa holders from traveling. Whether it’s for work-related reasons or leisure, visa holders can visit any part of Australia including the major capital cities that are not considered regional. However, there are limitations that prevent regional visa holders from spending extended periods of time outside of their designated regional area.
Under the policy, visa officers may request more information from visa holders, if:
– The visa holder spends more the 90 days in total per year outside of the DRA
– The visa applicant spends more than 60 continuous days outside of the DRA
Visa officers can also check compliance of condition 8579 to ensure visa holders live, work or study in the designated regional area by:
– Requiring visa holders to provide current contact details. This includes:
- The visa holder’s contact details
- Contact details for the visa holder’s employer
- The location of the visa holder’s employment
- Contact details of any educational institution the visa holder is attending
– Requiring visa holders to provide evidence of where they have been living, working or studying, if requested
– Requiring visa holders to attend an interview with an officer, if requested
These compliance checks are in place to ensure regional visa holders are genuinely contributing to regional development as intended by their visa, rather than using their temporary status as a stepping stone to the most populous cities.
Can you relocate to other designated regional areas?
Condition 8579 allows you to move freely between designated regional areas in Australia, enabling visa holders to access better job opportunities and enhance personal circumstances. Regardless of the reason for relocating, if visa holders remain in a DRA, they will remain compliant with this visa requirement.
If visa holders relocate to another designated regional area, they should keep the Department of Home Affairs updated of changes to residence or their work situation.
What happens if an extended amount of time is spent in non-reginal areas resulting in a breach of visa conditions?
If condition 8579 or any other condition relating to living, working or studying in the regions is breached, the visa holder could face cancellation of their visa.
Visa cancellation can significantly affect future visa applications, especially for visa holders that plan to apply for a Permeant Residence (Skilled Regional) Visa (subclass 191). A visa cancellation can render an applicant ineligible to apply for a subclass 191 visa.
The severity of the breach can also result in a ban of re-entering Australia for a period of up to three years. A breach of any visa conditions can make it more difficult to obtain a visa in the future.
The benefits of complying with visa conditions
Visa holders that fulfill the requirements for their visa including residing in a regional area and complying with condition 8579 will be eligible to apply for the Permanent Residence (Skilled Regional) Visa (subclass 191).
The purpose of regional migration is to boost local economies and ensure skilled migrants assist in contributing to regional development. Compliance of condition 8579 ensures that the regions benefit from the skilled migration program.
To learn more about regional migration or any other aspect of migration, contact the team of registered migration agents at Visa Solutions Australia.
