Brianm93 Posted February 12, 2021 Share Posted February 12, 2021 Hi Everyone, I will be applying for the 491 visa whenever possible and there’s a few grey areas about the visa which I’m unsure about. My agent seems to think this should all be ok but I would like to hear from people who are actually on the visa... Obviously if a state sponsors me (Queensland for talking sake) and I get to Queensland and find that’s there’s no ideal work opportunities there for me but there is in NSW, can I live and work in a regional part of NSW and still be eligible for the PR visa after 3 years? Also, do you have to go and work in your skilled occupation or can you go and work in any sector and be eligible for the PR visa after 3 years? Thanks 1 Quote Link to comment Share on other sites More sharing options...
Craig Colas Posted February 12, 2021 Share Posted February 12, 2021 You can live and work in any regional area of Australia. You can work in any sector as long as you earn over the $53,000 a year you need to make you eligible for PR. Good luck! Quote Link to comment Share on other sites More sharing options...
Conyo2588 Posted February 12, 2021 Share Posted February 12, 2021 9 hours ago, Brianm93 said: Hi Everyone, I will be applying for the 491 visa whenever possible and there’s a few grey areas about the visa which I’m unsure about. My agent seems to think this should all be ok but I would like to hear from people who are actually on the visa... Obviously if a state sponsors me (Queensland for talking sake) and I get to Queensland and find that’s there’s no ideal work opportunities there for me but there is in NSW, can I live and work in a regional part of NSW and still be eligible for the PR visa after 3 years? Also, do you have to go and work in your skilled occupation or can you go and work in any sector and be eligible for the PR visa after 3 years? Thanks We were advised that you’re morally obligated to stay in the state that sponsors you for the duration of your stay. When you come to apply for PR (after working for 3 years and earning above 55k per annum) it won’t reflect well on gaining state sponsorship from one state and moving to another, unless you have a letter of release from the state that sponsored you. Once you gain PR, you can move wherever you wish To be honest, I’m not sure if this is true or a rumour. We never asked our agent as we don’t intend on moving from the sponsoring state (if we get the visa!) Quote Link to comment Share on other sites More sharing options...
Brianm93 Posted February 12, 2021 Author Share Posted February 12, 2021 10 minutes ago, Conyo2588 said: We were advised that you’re morally obligated to stay in the state that sponsors you for the duration of your stay. When you come to apply for PR (after working for 3 years and earning above 55k per annum) it won’t reflect well on gaining state sponsorship from one state and moving to another, unless you have a letter of release from the state that sponsored you. Once you gain PR, you can move wherever you wish To be honest, I’m not sure if this is true or a rumour. We never asked our agent as we don’t intend on moving from the sponsoring state (if we get the visa!) Our agent said the same thing. It’s a risk we wouldn’t want to take but we really want to settle in NSW so hopefully we mange to get sponsorship there. Having 2 children we don’t want to be moving from one state to another if they get settled. Quote Link to comment Share on other sites More sharing options...
Craig Colas Posted February 12, 2021 Share Posted February 12, 2021 Your visa is given to you by the Australian government. It has nothing on it where it says which state has nominated you. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted February 12, 2021 Share Posted February 12, 2021 1 hour ago, Craig Colas said: Your visa is given to you by the Australian government. It has nothing on it where it says which state has nominated you. This is interesting. We're always being told that states are now offering the 491 because they're fed up of people taking the 190 and then not fulfilling the obligation (if someone leaves the state on a 190, there's nothing they can do). So they're offering the 491 instead, because 491 holders have to fulfil the conditions of their visa in order to be granted PR at the end - and one of the conditions is to stay in the sponsoring state for the required period. So are you saying that's wrong? 1 Quote Link to comment Share on other sites More sharing options...
Craig Colas Posted February 12, 2021 Share Posted February 12, 2021 6 minutes ago, Marisawright said: This is interesting. We're always being told that states are now offering the 491 because they're fed up of people taking the 190 and then not fulfilling the obligation (if someone leaves the state on a 190, there's nothing they can do). So they're offering the 491 instead, because 491 holders have to fulfil the conditions of their visa in order to be granted PR at the end - and one of the conditions is to stay in the sponsoring state for the required period. So are you saying that's wrong? I believe the intention of the 491 will be to push more people out regionally. There is no condition which states you have to be in the sponsoring state for the period required. 3 years regional work at $53,000 a year and live in a regional area set out by the postcodes they provide for 3 years. Here are the conditions: Visa conditions 8578 - Must notify of certain changes 8579 - Must live/work/study in a designated regional area 8580 - Must provide evidence of addresses 8581 - Must attend interview Obviously it is a moral situation you find yourself in. Would make sense to apply for the state in which you wish to reside to save argument which is what we have done but in no way are you obliged to stay there. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted February 12, 2021 Share Posted February 12, 2021 33 minutes ago, Craig Colas said: I believe the intention of the 491 will be to push more people out regionally. There is no condition which states you have to be in the sponsoring state for the period required..... Obviously it is a moral situation you find yourself in. So basically, people will just start moving around on the 491 the same as they did with the 190, and the states will get even more p*ed off, and the next visa will be even more restrictive. A case of the few spoiling it for the many, with the encouragement of agents by the sound of it. Quote Link to comment Share on other sites More sharing options...
Craig Colas Posted February 12, 2021 Share Posted February 12, 2021 8 minutes ago, Marisawright said: So basically, people will just start moving around on the 491 the same as they did with the 190, and the states will get even more p*ed off, and the next visa will be even more restrictive. A case of the few spoiling it for the many, with the encouragement of agents by the sound of it. Well the 491 is less restrictive than the 489 in this sense so hard to see how the next visa will be even more restrictive when it hasn't been the case with this new one. Seems like the government and the states intentions is to encourage people to live and settle in more regional areas which will be of great benefit to the country. I'm sure the government is well aware how some people may take the opportunity to move and if they was that bothered they would have included it as a restriction within the visa itself. I'm not in a position to say whether i agree or not I can only tell the OP the truth into the question they asked. Quote Link to comment Share on other sites More sharing options...
paulhand Posted February 13, 2021 Share Posted February 13, 2021 10 hours ago, Marisawright said: A case of the few spoiling it for the many, with the encouragement of agents by the sound of it. I tell my clients that they should honour the formal commitment they have made to live and work in a particular state for a period of time. There are mechanisms available to cancel visas if applicants make false statements during a visa application and, aside from any cancellation risk, I think deliberately trying to game its immigration system is a pretty poor way to start your commitment to the country you want to call home. 4 1 Quote Link to comment Share on other sites More sharing options...
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