What is condition 8579 and can I continue to live overseas on my 491 visa ?
See all FAQsDepartment 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.
Check the extract from legislation:
