491 granted - now what

[Lottierh]

Hi

ive been granted a 491 visa which was sponsored by QLD. There are no specific conditions attached to my visa about having to live in QLD - does anyone know whether this is a requirement? Would it affect a subsequent visa application if we lived in another state? 

[Marisawright]

1 hour ago, Lottierh said:

Hi

ive been granted a 491 visa which was sponsored by QLD. There are no specific conditions attached to my visa about having to live in QLD - does anyone know whether this is a requirement? Would it affect a subsequent visa application if we lived in another state? 

I'm sure you know the 491 is only temporary and to get permanency, you'll have to apply to transition to the 191 visa.  If you can't get the 191 visa, you're going home.

To get the 191 visa, you must satisfy certain criteria:

• hold an eligible visa for at least three years.
• provide notices of assessment issued by the Australian Taxation Office (ATO) for three income years out of the five years of your eligible visa. There is no minimum income requirement.
• have complied with the conditions of the eligible visa you hold or have held.

The 491 requires you to live in an eligible regional area, not that you must live in the sponsoring state.  HOWEVER, you've probably signed an undertaking, promising the Queensland government that you will live in Queensland for at least two years.  That's a separate thing.  If you make absolutely no effort to settle in Queensland, and instead go somewhere else immediately, the Queensland government will be suspicious that you got your visa under false pretences, i.e. that you never intended to settle in Qld in the first place.  If that happens, your visa could be cancelled.  

We also can't predict how the rules may change in the future, and remember you won't be transitioning to the 191 visa for another 3 years, so overall it's a lot safer to at least make the effort to start out in Queensland, even if you subsequently move on.

Edited November 29, 2023 by Marisawright

[BendigoBoy]

See Steve Elliott's response at the bottom of this thread for a reasonable hypothesis on how it could pan out.

 

[InnerVoice]

On 29/11/2023 at 13:49, Lottierh said:

Hi

ive been granted a 491 visa which was sponsored by QLD. There are no specific conditions attached to my visa about having to live in QLD - does anyone know whether this is a requirement? Would it affect a subsequent visa application if we lived in another state? 

How could you not what to live in QLD? It is literally the best state!

[BendigoBoy]

49 minutes ago, InnerVoice said:

How could you not what to live in QLD? It is literally the best state!

We don't all cope marvellously with the humidity, mate.

Also, too many bloody expats whenever I'm up there.

[Skani]

56 minutes ago, BendigoBoy said:

We don't all cope marvellously with the humidity, mate.

Also, too many bloody expats whenever I'm up there.

Not concerned about the expats but totally agree about the humidity.  For some of us it would be the second worst option in Oz - after the N.T.

[rammygirl]

Queensland is a huge state though, some of it dry red dirt, some lush rainforest. I guess it depends where the designated areas for this visa are….. 

[InnerVoice]

7 hours ago, BendigoBoy said:

We don't all cope marvellously with the humidity, mate.

Also, too many bloody expats whenever I'm up there.

 

6 hours ago, Skani said:

Not concerned about the expats but totally agree about the humidity.  For some of us it would be the second worst option in Oz - after the N.T.

Then I think you both might like Stanthorpe - there's a place for everyone up here 

[paulhand]

8 hours ago, rammygirl said:

Queensland is a huge state though, some of it dry red dirt, some lush rainforest. I guess it depends where the designated areas for this visa are….. 

Everywhere other than metro Brisbane … so even the Gold Coast is ‘regional’. 

[BendigoBoy]

2 hours ago, InnerVoice said:

 

Then I think you both might like Stanthorpe - there's a place for everyone up here 

Can't stand the snow, either.