Clarification on Subclass 191 (Regional Provisional Stream)...
@biotechy (12H ago| Updated 12H ago)Clarification on Subclass 191 (Regional Provisional Stream) Residency Requirements The MIA Professional Support team has received several enquiries from members regarding eligibility requirements for the Subclass 191 (Regional Provisional stream) visa. Specifically, questions have been raised about whether, when applying for a Subclass 191 visa, an applicant must have resided in a designated regional area for three years, or whether it is sufficient to have held a Subclass 491 or Subclass 494 for three years.
The MIA sought formal clarification from the Department of Home Affairs on this issue.
The Department has confirmed that the key requirement for the SC191 visa is that applicants must have complied with visa condition 8579 during their time in Australia. The visa does not require applicants to have resided in Australia for a specific period.
Condition 8579 requires Subclass 491 and Subclass 494 visa holders to live, work, and study only in a designated regional area while they are in Australia. For Subclass 494 visa holders, subclause (5) also considers any changes in the nomination of the primary visa holder.
Condition 8579 complements other provisional visa requirements including maintaining sponsorship from a regional employer (subclass 494) or securing a nomination from a State or Territory Government (subclass 491). Further, each State and Territory government sets its own nomination criteria for the Subclass 491 visa. These may include requirements to demonstrate regional experience and a commitment to continued residence in the nominating jurisdiction.
Source: Migration Institute of Australia (MIA)
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@gregormendel / @biotechy For the purposes of the Subclass 191 visa, does compliance with visa condition 8579 need to be met by both the primary and secondary applicants? Specifically, if a secondary applicant (e.g., the spouse) is pregnant and intends to travel offshore (e.g., to India) to give birth and remain there for 6–7 months, would this impact their eligibility or compliance with condition 8579 and the subsequent Subclass 191 application?
as post says, u can live offshore, thats the point for this post.