During our consultations, we often field questions about the Subclass 491 visa (Skilled Work Regional (Provisional) visa) and its associated regional commitments.
One of the most common queries we receive is: 'Can I move to a different state after I get my subclass 491 visa?'
To answer this question and clarify the nuances of the 491 visa, let's break down some key points:
Initial Commitment: at the ROI (registration of interest) and EOI (expression of interest) stage
When applying for the 491 nomination, you must commit (in writing) to the nominating state for at least 2 years after visa grant. This is a promise that you make to the state which is providing you with an opportunity to migrate to Australia.
Visa Conditions
However, the visa itself, when granted, doesn't restrict you to a specific region.
After receiving the 491 visa, you can technically move to any regional area in Australia, including other states like South Australia.
After a visa has been granted, the nominating state does not have power to cancel your visa if you move to another regional area. However, the state may send you notices or surveys requesting updates on your details such as your location and employment. You must complete these notices after visa grant, regardless of where you're living at that time.
Head to the department's website to find out more about a visa holder's possible visa conditions applicable after visa grant.
Eligibility for PR
Moving to another regional area doesn't affect your PR eligibility. You may be eligible for PR (Subclass 191 visa) after having accumulated 3 years of tax returns whilst on the 491 visa, subject to all other requirements being met too. The PR application doesn't require a new invitation from any state and you are free to go anywhere that is listed as a designated regional area, including the Gold Coast, Perth, Adelaide, Wollongong and Canberra!
The content on this page does not constitute legal or immigration advice. Australian immigration doesn't have to be complex and we can help with your unique circumstances. To seek legal advice for information that is specific to your situation, please book a consultation.
