What is condition 8579 and can I continue to live overseas on my 491 visa ?

Department of Home Affairs (DHA) has provided a clarification in the Freedom of Information 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.

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.

What is the implication ?

As per DHA website, there is no minimum Australian residency requirement for Subclass 191 (except Hong Kong Stream).

Based on a reading of the FOI above, it is implied Living overseas on a continual and/or extended basis might not meet the requirements of condition 8579.

However, the condition starts with "While in Australia" which could imply that this condition is only applicable when one is in Australia, with the implication that living overseas is allowed.

Check the extract from legislation:

We recommend you consult a migration agent or lawyer to seek legal advice as per your own circumstances.