# 489 Visa Qld - Can I live in a region and work in a city?



## shahid.jabbar (May 11, 2014)

Hi,
Thanks for sharing you life experience. I got 489 visa for QLD and have to stay in regional area. I am IT professional and you know better than me that to get job in IT in regional area is almost impossible.
So , coming to the point. I came to know that i can open one man company and address will in regional area.The purpose to do like that is to work in City and live in regional area. Because 489 visa has restriction that I must stay +work at least for one year in regional area. I can not work in city.
Therefore someone suggested me to open a company and find a job in city and work as freelancer for the employer and i can invoice to my employer.
Do you have any information regarding this process and is it acceptable by the immigration department ? because later i have to apply for PR later.
I will be very thankful if you can share some information regarding this scenario.


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## kaju (Oct 31, 2011)

shahid.jabbar said:


> Hi,
> Thanks for sharing you life experience. I got 489 visa for QLD and have to stay in regional area. I am IT professional and you know better than me that to get job in IT in regional area is almost impossible.
> So , coming to the point. I came to know that i can open one man company and address will in regional area.The purpose to do like that is to work in City and live in regional area. Because 489 visa has restriction that I must stay +work at least for one year in regional area. I can not work in city.
> Therefore someone suggested me to open a company and find a job in city and work as freelancer for the employer and i can invoice to my employer.
> ...


It is not acceptable. Some people may chance doing it, but some people are found out too.

A 489 visa is issued on the basis of Australia's need for people to live and work in designated areas. 

Work or live anywhere outside these areas during the validity of this visa and you are in direct breach of your visa conditions. You could then be subject to cancellation of your visa and removal from Australia. DIBP take these cases seriously, there is no tolerance.

A 190 visa has a moral obligation to stay in that State, but a 489 visa has a *mandatory* obligation to live and work in designated areas.

Also, providing false or misleading information to DIBP is a criminal offense if you live in Australia. Prospective employers simply have to look at your visa class on VEVO and compare that with where you have said, and actually are, living and/or working. 

Similarly, the ATO and DIBP do data-matching, so it might not be too hard for them to work out where your employers are located, and hence, where you are working. 

And as DIBP says, "_If you plan to seek permanent residence, you will need to prove that you have spent the specified time in a designated area._"


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## shahid.jabbar (May 11, 2014)

Hi
Thanks for the response , it might be possible in IT that i can find online job for the client and my client can be in AU or outside AU, so in this case how i can continue my job?


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## kaju (Oct 31, 2011)

shahid.jabbar said:


> Hi
> Thanks for the response , it might be possible in IT that i can find online job for the client and my client can be in AU or outside AU, so in this case how i can continue my job?


As far as I'm aware, that's not a problem. 

But to meet the conditions of a 489 visa, the visa holder needs to do the work, and live, in the required areas.


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## shahid.jabbar (May 11, 2014)

Now you got my point , I fully understand that i must stay and work in regional area,But for such online job i must have company for the invoice, otherwise how my client will pay? I want to know how the people staying who work online within AU or outside AU ? In IT i can start freelance work and my client can be in Europe, then in this case how i can continue my job ?


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## kaju (Oct 31, 2011)

shahid.jabbar said:


> Now you got my point , I fully understand that i must stay and work in regional area,But for such online job i must have company for the invoice, otherwise how my client will pay? I want to know how the people staying who work online within AU or outside AU ? In IT i can start freelance work and my client can be in Europe, then in this case how i can continue my job ?


You don't need an Australian employer, you just need to live and work in your regional area. 

If you bill international clients with you operating as an Australian company, or as a sole trader, or as contractor to an overseas entity, that's fine - as long as you live in a regional area, and your work is carried out in that regional area in Australia.


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## Jasper72 (Jul 9, 2017)

*489 Visa*



kaju said:


> It is not acceptable. Some people may chance doing it, but some people are found out too.
> 
> A 489 visa is issued on the basis of Australia's need for people to live and work in designated areas.
> 
> ...


Hi Experts
Can you advise, that on 489 Regional Nominated Visa from NSW, one can stay in another regional area in the same state 'NSW", without any objection from DIBP or is it mandatory to obtain Release from the Nominating Regional Territory (RDA).


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## shahid.jabbar (May 11, 2014)

Hi kaju,
Thanks for your value able information,working as a freelance i need to register a company in my regional area. I will stay there. In this case i can bill/invoice to my client regardless his physical office.I hope there is no difference working with international client or AU client .
If you have any link or contact who has done this procedure then kindly share with me. tq


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## kaju (Oct 31, 2011)

shahid.jabbar said:


> Hi kaju,
> Thanks for your value able information,working as a freelance i need to register a company in my regional area. I will stay there. In this case i can bill/invoice to my client regardless his physical office.I hope there is no difference working with international client or AU client .
> If you have any link or contact who has done this procedure then kindly share with me. tq


What you're suggesting is fine. 

I don't know anyone, but just a regular local Australian accountant should be able to set up a company for you very cheaply, if that's what you need - no doubt they'd be able to advise you what business method (company or something else) is best for you too.

Every State Government wants to foster small business - you can contact them for free advice or see what they suggest on each State's website: https://www.business.qld.gov.au/starting-business


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## shahid.jabbar (May 11, 2014)

Bundle of thanks for the link


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## Rico20 (Feb 10, 2014)

I was in your exact same situation. If you set up a company in a designated area, you will be fine. To apply for 887, you will submit tax documentation and a bank statement to prove you satisfied the work requirement. Those documents will only show your company's address.


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## Jasper72 (Jul 9, 2017)

can anyone reply to my query


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## kaju (Oct 31, 2011)

Jasper72 said:


> Hi Experts
> Can you advise, that on 489 Regional Nominated Visa from NSW, one can stay in another regional area in the same state 'NSW", without any objection from DIBP or is it mandatory to obtain Release from the Nominating Regional Territory (RDA).


Here's an example of what one NSW RDA says:

"we expect relocation to this region within three months of a visa granting and a genuine effort to find employment in this region should occur before a job-search is broadened."

Important information for 489 visa holders settling in Northern Inland NSW

So yes, you can do it. 

But you should be making a genuine effort to find work in the area covered by the Regional Development Authority that sponsored you. 

DIBP doesn't care, as long as you stay in a regional or low growth metropolitan area. If you don't do that, you breach your visa conditions.


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## Jasper72 (Jul 9, 2017)

kaju said:


> Here's an example of what one NSW RDA says:
> 
> "we expect relocation to this region within three months of a visa granting and a genuine effort to find employment in this region should occur before a job-search is broadened."
> 
> ...


Dear Kaju, Thanks for reply & it explains a lot. I have one more query, fi you don't mind. Me & my family wife & 3 kids) have 489 visa from RDA Far South Coast. I have a very decent job in UAE & I don't want to travel at all and am planning to move only wife & kids. Can they get PR ???,.... if me as principal applicant and skilled immigrant, don't work & live in the regional area. In my application i did not mention partner skills and did not claim any points. But wife is qualified and can take some job there after sometime. And can she become the Principal applicant and manage PR for the Kids ??
I know its tough question, but i hope experts in this panel can help me out


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## Thangcuong87 (Jan 11, 2018)

shahid.jabbar said:


> Hi kaju,
> Thanks for your value able information,working as a freelance i need to register a company in my regional area. I will stay there. In this case i can bill/invoice to my client regardless his physical office.I hope there is no difference working with international client or AU client .
> If you have any link or contact who has done this procedure then kindly share with me. tq


Hi Shahid.
I am in the exact situation as yours now. Just wonder how you going with 887 with your business set-up. 
Looking forward to hearing from you. 
Best regards.
Viet.


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## indman100 (Jun 28, 2018)

Hi me too. I am in Singapore and settled . At 44 I am applying to QLD 489. Any thoughts advice etc. Can I have a home and setup a co outside Brisbane and find something in Brisbane. Can I work from home for a company in Sydney ?


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## Maggie-May24 (May 19, 2015)

indman100 said:


> Hi me too. I am in Singapore and settled . At 44 I am applying to QLD 489. Any thoughts advice etc. Can I have a home and setup a co outside Brisbane and find something in Brisbane. Can I work from home for a company in Sydney ?


As long as you hold a 489 state-sponsored visa, you can only live and work in a regional or low-population area so Brisbane is not allowed, and neither is Sydney. Whether working remotely is a loophole, I don't know but I wouldn't take the risk.


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## indman100 (Jun 28, 2018)

HI All. I got my ITA for QLD 489. Going to submit my proof of funds and salary slips tomorrow.

Any advise? Should I take it ? Is there any loop hole to work for remote clients. Is it ok to start a company and bill it while working elsewhere.


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## indman100 (Jun 28, 2018)

Thangcuong87 said:


> Hi Shahid.
> I am in the exact situation as yours now. Just wonder how you going with 887 with your business set-up.
> Looking forward to hearing from you.
> Best regards.
> Viet.


hi , please pm me. I have just got a ita for qld.


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## expat4aus2 (Nov 5, 2017)

indman100 said:


> HI All. I got my ITA for QLD 489. Going to submit my proof of funds and salary slips tomorrow.
> 
> Any advise? Should I take it ? Is there any loop hole to work for remote clients. Is it ok to start a company and bill it while working elsewhere.


I don't know what loophole you are talking about, but perhaps a good read. 

https://www.sbs.com.au/yourlanguage...enied-after-anonymous-caller-tips-immigration


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## indman100 (Jun 28, 2018)

expat4aus2 said:


> I don't know what loophole you are talking about, but perhaps a good read.
> 
> https://www.sbs.com.au/yourlanguage...enied-after-anonymous-caller-tips-immigration


sir, by loophole I mean if I can have residence in regional area and establish a company while working on a contract with a IT company in the large cities billing to my regional company. 
If I buy a house in a tourist place like Cairns or Sunshine coast and let it out on Airbnb can I call it as employment?
Can I work remotely from Toowoomba for a company in Singapore ?
Those types of workarounds?

Thanks


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## expat4aus2 (Nov 5, 2017)

indman100 said:


> sir, by loophole I mean if I can have residence in regional area and establish a company while working on a contract with a IT company in the large cities billing to my regional company.
> If I buy a house in a tourist place like Cairns or Sunshine coast and let it out on Airbnb can I call it as employment?
> Can I work remotely from Toowoomba for a company in Singapore ?
> Those types of workarounds?
> ...


To be honest, it is better you clarify your work with some reputed migration agents or lawyers like Iscah or so. I don't think anyone here advising a complicated work situation that you have will be able to give you the clear picture. What you describing is having your own business in regional areas but work is with people from outside as with IT work goes. So, you are running your business in regional areas but are you employing anyone but yourself? Are you paying them salary/wages or you are having your own business for yourself?

So, there are various factors which might needs to be clarified before you apply for your PR in 2 years time. Better check with a migration lawyers regarding the 489 work requirements.


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## palathi (Dec 17, 2013)

Hi All,

We are waiting for 489 visa Grant from FSC. My query is my husband can get a job in Canberra, as he can get a transfer from his current company and his office is there in Canberra. I am the primary applicant and he is secondary applicant in 489 visa currently.

Can we all stay in regional area say Queanbeyan for two years, and I can work in regional area for 1 year so that i meet all the criteria for 887 visa and can my hubby commute to Canberra where his office is located?

Do we breach any condition doing so?


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## prabu.23287 (Jan 2, 2018)

Can someone explain who are all eligible to apply for 489 visa? I have 70 points for 189 and 75 for 190, my first cousin got PR and living in VIC for more than 6 years. Will I be eligible to claim for 489 visa? If it is for family members, can my first cousin sponsor me?


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