489

[KSH81]

Can anyone answer this question for me. 

We are waiting for visa grant for 489 in Southern Inland NSW. But my husband has been offered work in Perth for a few weeks at a time. Is able to take on this work if I am still living and working in the SI area or does he also have to work I that area.  

Im the main visa applicant.  

‘Thanks in advance 

[wrussell]

3           Which condition applies

                     Condition 8539

Condition 8539 applies to visa holders whose first provisional points-tested skilled migration visa application was nominated by a State/Territory government agency.

A person whose visa is subject to condition 8539 must live, work and study only in an area specified as a regional or low-population growth metropolitan area of Australia.

Areas identified as regional or low-population growth metropolitan are specified in an legislative instrument for Schedule 6D items 6D101(b) and 6D101(c).

As legislative instruments are subject to amendment it is crucial to identify the relevant instrument applicable to an individual visa holder. The relevant instrument is the instrument in effect when the first provisional points-tested visa subject to this condition was granted.

                    Condition 8549

A person whose visa is subject to condition 8549 must live, work and study only in an area specified as a designated area of Australia.

Designated area is defined in regulation 1.03. Designated areas are specified by legislative instrument made under that regulation 1.03 definition. The relevant legislative instrument is the instrument that was in in force when the first provisional points-tested visa to which this his condition is subject was granted.

3.3                     Regional classification (designated area) for Perth (WA)

Perth is a designated area for the purpose of provisional points-tested skilled migration visa holders:

·       who were sponsored by an eligible relative and

·       whose first provisional visa was granted on or after 12 September 2011.

Visa holders will be in breach of 8539/8549 (as applicable) if they are living, working and/or studying in Perth and:

·       their first provisional points-tested skilled migration visa was granted before 12 September 2011 or

·       they hold or are applying for a second provisional (VC-487 or SP-489) visa and their first provisional points-tested skilled migration visa was granted before 12 September 2011 or

·       they hold, irrespective of the date of visa grant, a UX-495 visa or

·       they hold a VF-475, VC-487 or SP-489 visa on the basis of a State/Territory nominated application.