# 491 - Is Moving to other regional areas possible?



## BunnyGupta1982 (Oct 22, 2020)

I am planning to file 491 EOI for state sponsership (not family). I have a query regarding staying in one regional area for 3 years. For example, if I get 491 visa for one region (for example Adelaide or Tasmania), does that mean I need to live and work in the same region or regions of that designated state for 3 years. 

Or can I move to other regional areas of OTHER states and still fulfill the eligibility of 191 after 3 years. Do we have any legal or moral requirement to stay & work in only ONE regional area within the state for which we got the 491 visa.

Please suggest??


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## mustafa01 (Jan 29, 2017)

BunnyGupta1982 said:


> I am planning to file 491 EOI for state sponsership (not family). I have a query regarding staying in one regional area for 3 years. For example, if I get 491 visa for one region (for example Adelaide or Tasmania), does that mean I need to live and work in the same region or regions of that designated state for 3 years.
> 
> Or can I move to other regional areas of OTHER states and still fulfill the eligibility of 191 after 3 years. Do we have any legal or moral requirement to stay & work in only ONE regional area within the state for which we got the 491 visa.
> 
> Please suggest??


The condition on the SC491 visa is that you must live, work and study in designated areas or specified regions of Australia in line with your visa conditions.

*Condition 8579*
_*(1)* If the visa is a Subclass 491 (Skilled Work Regional (Provisional)) visa, the holder, while in Australia, must live, work and study only in a part of Australia that was a designated regional area at the time the visa was granted._

Meaning applicants can technically move between regional areas however you may have signed an agreement with the State/Territory that you will be living in that region on your 491 visa. DoHA has no interest in your agreement except that at the time of the agreement you were telling the truth about your intentions and at the time your visa was granted that agreement you signed with the State was still current.

I would still strongly suggest you contact the relevant State or Territory prior to moving to make sure you comply with all the conditions to avoid future negative impacts on your permanent visa application.
*Please be advised that the subclass 191 permanent residency pathway is not available until November 2022*, therefore, there is still little known about any limitations or restrictions.


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## Doxz23 (Feb 9, 2020)

Hello Mustafa01,

Hope you can help me with my query, or any migration agent here?

I have 491 visa (state sponsored - Victoria), I'm offshore since the visa was granted up to now. I'm applying for jobs several times but no luck (maybe because I'm still offshore). I can't get travel exemptions because I don't have job offer or contract to attach on my applications.

As of today, I've talk to an agency who deploys workers to Australia, I've been told that they've found an employer for me, but not in Victoria. The employer and the agency will file travel exemption for me to be able to move Australia. My skill is in the list of critical skills. My question is, given the situations that we have, can I make my first entry to other state or move to other state's Regional Areas but not in Victoria (who sponsored me)?.

I've tried to request for release/waiver from the state, but they told me that, they don't release or give waiver to nominees/visa holders. 

Can anyone help me with my decision making?

Thank you and more power to the group.


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## mustafa01 (Jan 29, 2017)

Doxz23 said:


> Hello Mustafa01,
> 
> Hope you can help me with my query, or any migration agent here?
> 
> ...


Have your told the State that you are facing or will be facing significant hardship because of no job availability in that regional part of State? Look technically it should not impact as long as you live and earn certain threshold income for at least 3 years in the regional postcodes defined by the Department. If you provide enough evidence of the hardship then VIC will formally issue a release letter because they have done it in the past to others. This is just to make sure that it should not have any adverse impact on your future 191 application. So any communication you get from State regarding this keep it safe.

I would strongly suggest you engage a Mara agent as no one would be able to legally advise you more than this.


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## Doxz23 (Feb 9, 2020)

Hello sir @mustafa01 
Thanks for the info, what if, on the later part of my visa let say 2-3 years I will move to the state that sponsored me, would that make sense? Coz, all I want for now is to "enter Australia" and the employer in the other state can get travel exemption for me.


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## mustafa01 (Jan 29, 2017)

Doxz23 said:


> Hello sir @mustafa01
> Thanks for the info, what if, on the later part of my visa let say 2-3 years I will move to the state that sponsored me, would that make sense? Coz, all I want for now is to "enter Australia" and the employer in the other state can get travel exemption for me.


Victoria has sponsored you, meaning you have made a commitment to the State that you will live and work in State's regional area for at least 3 years. If you want to move to other regional areas you can without informing the State but ideally you should get a release from the State by letting them know in advance and ample evidence to support your claims. If you mention financial hardship in your request for release statement then they will 100% agree, no State/Territory want people to be deprived of a employment opportunity and they later become liability. It may become an issue when you lodge SC191 visa and Department of Home Affairs find that you move to a different State without getting release from VIC. If you have doubts, you should consult a mara agent.


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## Romeshk (Aug 5, 2019)

check the above link


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## Johnathan Ho (Nov 22, 2018)

Hi everybody,

Hope you guys doing well. Just have a question need clarify. Hope everyone can contribute and learn something from this thread. I got invitation a few months ago, already move to the outskirt of city, which happen to be regional area. The thing is I work for this company for a while now and really don't want to leave and the company happen to be in CBD. Now I have to find way keep my 491 safe and keep my job, so I come up with these. Either get contract change to *Work-from-home* so that I can comply with living and working OR *Move to regional office, but still same company*. What you guys think? Any idea?

Cheers,
Jonathan


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## NB (Mar 29, 2017)

Johnathan Ho said:


> Hi everybody,
> 
> Hope you guys doing well. Just have a question need clarify. Hope everyone can contribute and learn something from this thread. I got invitation a few months ago, already move to the outskirt of city, which happen to be regional area. The thing is I work for this company for a while now and really don't want to leave and the company happen to be in CBD. Now I have to find way keep my 491 safe and keep my job, so I come up with these. Either get contract change to *Work-from-home* so that I can comply with living and working OR *Move to regional office, but still same company*. What you guys think? Any idea?
> 
> ...


Work from home for a company based in CBD may not be accepted 
Consult a Mara agent 
If you can work for a regional branch of the company you are safe
Cheers


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## Johnathan Ho (Nov 22, 2018)

Cool cool. will do. Its great idea right. I dont see the much difference.
Cheers


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## LeoG (Feb 16, 2021)

NB said:


> Work from home for a company based in CBD may not be accepted
> Consult a Mara agent
> If you can work for a regional branch of the company you are safe
> Cheers


I have a similiar situation. I live in wollongong and the company has a branch in Leura, 2 hours from here. Is it an issue to live and work in different cities? Thanks for your support


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## emios88 (Feb 2, 2017)

you cannot get a second 485 visa.as far as i know.studying again is a waste of money.But if you go back prepare for depression that follows you.If you are interested in finding a girl to marry with pr then studying again is a good option.But the chances are slim to none


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## NB (Mar 29, 2017)

LeoG said:


> I have a similiar situation. I live in wollongong and the company has a branch in Leura, 2 hours from here. Is it an issue to live and work in different cities? Thanks for your support


As long as both the cities are regionals, it will not be an issue 
Cheers


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## miller115 (Jan 28, 2020)

Doxz23 said:


> Hello sir @mustafa01
> Thanks for the info, what if, on the later part of my visa let say 2-3 years I will move to the state that sponsored me, would that make sense? Coz, all I want for now is to "enter Australia" and the employer in the other state can get travel exemption for me.


Hello, any update on this?


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