491 state nomination - moving states (PR)

[JonR]

Hi everyone,

I've been getting mixed information online. These questions are ideally for a MARA agent, legal expert or someone who has tried this.

These are my questions:

1. Once you get the 491 visa, can you move to any regional area regardless of the state that nominated you?
2. If you move states to a state that wasn't the one that nominated you, can you still get PR later?
3. Are there any consequences to moving to a state that wasn't the one that nominated you?
4. Is there any law or government website that shows clear rules on this?

Thank you!

[BendigoBoy]

According to the conditions on the Home Affairs website, it seems you can move to another regional area without hindrance.  https://immi.homeaffairs.gov.au/visas/already-have-a-visa/check-visa-details-and-conditions/see-your-visa-conditions?product=491#. (That seems to address 1 & 2, and 4 - it's the government's own website)

If you sign an undertaking with your nominating state or territory, then I would imagine they'd probably be a bit miffed if you just moved without explaining why (can't find work after a prolonged attempt etc).  What consequences might come from that, I'll yield entirely to the MARA team.  I do understand that the states and territories have been getting mightily miffed with folks moving over on a 190 then disappearing before completing their time in the nominating state/territory - but have no idea what (if any) undertaking you might be asked to make. (That would be 4)

 

 

[BendigoBoy]

Hmmm... Damned interface won't let me edit my last paragraph.

Mea culpa, I meant to say `That would be 3` at the end of that one.

[Steve Elliott]

The 491 is a temporary visa with a potential pathway to PR. It's a two stage process. The best way to sabotage your chances of PR, is to snub your nominating state by going interstate.

You need to understand, the program of state sponsored visas is intended to address skills shortages of each state. Each state has a finite number of places which are allocated to them by the Australian Government. So by going interstate, you are effectively torching that place which results in another state benefitting.

You will need a very good reason indeed to be released. Consequences of non compliance is that you will not be nominated for PR. 

Remember, the Australian visa system is structured to serve the needs of Australian business, States and Territories, not applicants. - It sounds a bit harsh, but that's the reality!

[JonR]

Thanks BendigoBoy and Steve Elliott for your replies. It sounds like it's a bit of a grey area unless you have specific conditions attached to your visa - I'm yet to find any law to say whether it's permissible to change states and still get PR or not. However, I value my sleep so without a definitive answer I'll keep waiting patiently for state nomination from the state I actually want to go to. Thanks again

[Marisawright]

13 minutes ago, JonR said:

Thanks BendigoBoy and Steve Elliott for your replies. It sounds like it's a bit of a grey area unless you have specific conditions attached to your visa - I'm yet to find any law to say whether it's permissible to change states and still get PR or not. However, I value my sleep so without a definitive answer I'll keep waiting patiently for state nomination from the state I actually want to go to. Thanks again

Please note that Steve Elliott is a professional migration agent and he has told you, pretty clearly, that it's not a grey area at all, even though the law is vague.

Bear in mind that the granting of PR is always at the discretion of the state.

Edited October 28, 2023 by Marisawright

[Steve Elliott]

On 28/10/2023 at 14:16, Marisawright said:

Please note that Steve Elliott is a professional migration agent and he has told you, pretty clearly, that it's not a grey area at all, even though the law is vague.

Bear in mind that the granting of PR is always at the discretion of the state.

It's a bit like having to ask for a divorce due to the fact that you have found someone more attractive. I'm not sure they will be jumping with joy to release you doing cartwheels to release you as they will be wasting that precious spot they allocated to you. If you do not get their permission to release you, and you relocate interstate, asking for nomination at the PR stage might be as likely as Sheffield United winning the FA Premier League. .