Can I Move To A Different State After My Subclass 491 Visa Grant?

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 Condition 8579: am I stuck in the nominating state or territory after visa grant?

The visa condition 8579 is a mandatory visa condition imposed on all subclass 491 visa holders. It states that while in Australia, you must live, work and study "only in a part of Australia that was a designated regional area".

Keep in mind that the 491 visa itself, when granted, doesn't restrict you to a specific region.

This means that after receiving the 491 visa, you can technically move to any designated regional area in Australia, including other states/territories. Once your visa has been granted, the nominating state does not have the authority to cancel your visa or "report" you to the department of home affairs if you relocate to another regional area in Australia.

However, when you applied for state nomination, please be mindful that you had made a moral commitment to live and work in the nominating state for at least two years after your visa was granted, and relevant state may follow you up on this. The state may periodically send you notices or surveys asking for updates on your details, such as your current location and employment status. Regardless of where you are living at the time, it is helpful to complete and return these notices after your visa is granted.

Head to the department's website to find out more about a visa holder's possible visa conditions applicable after your visa grant.

Eligibility for PR

Moving to another regional area doesn't affect your PR (permanent residence) 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 upon PR grant, you will no longer to worry about visa conditions and are free to move anywhere in Australia. Important point to note: whilst waiting for the PR to be processed, don't forget that you must continue to comply with your existing subclass 491 visa conditions.

At Kin Migration, we share resources to help guide your journey. While our posts aim to keep you updated, they're general in nature and cannot replace personalised immigration advice. Laws and requirements change frequently, and information published is accurate at the time of publication. For personalised advice, please consult an OMARA-registered migration agent or an Australian immigration lawyer before proceeding with any application. To seek legal advice or information that is specific to your situation, please book a strategy session now.