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General Is it true that 491 Visa holders can move between regional areas? Does the job domain has an impact while applying for 191 visa?

Varun Kumar

Wanderer
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Can someone clarify the following two questions regarding 491 visa please:

  1. I read that, 491 Visa holders may move between regional areas, does this means let us say if I get 491 visa from Northern Territory, still I will be allowed to work in South Australia as South Australia is the regional area?
  2. If I get the job in a domain other than the one on behalf of which I apply with 491 visa, later can this has impact while applying for 191 visa?
 

tharun

Commoner
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97
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6
Timeline missing
Can someone clarify the following two questions regarding 491 visa please:

  1. I read that, 491 Visa holders may move between regional areas, does this means let us say if I get 491 visa from Northern Territory, still I will be allowed to work in South Australia as South Australia is the regional area?
  2. If I get the job in a domain other than the one on behalf of which I apply with 491 visa, later can this has impact while applying for 191 visa?
Hi, yes if u had 491 visa you can live in any regional area of Australia irrespective of sponsor state, once 491 visa is granted you can work in any field there is no condition that you need work in your nominated occupation.
 

Varun Kumar

Wanderer
Messages
13
Points
1
Timeline missing
Hi, yes if u had 491 visa you can live in any regional area of Australia irrespective of sponsor state, once 491 visa is granted you can work in any field there is no condition that you need work in your nominated occupation.
Thanks again for replying @tharun
I asked this since NT website says two critical points stated as follows:
  1. NT has a condition that a person has to work in 'nominated occupation'
  2. "By accepting NT nomination you make a commitment to move to the NT to live and work for a minimum of three years once your visa has been granted. The NT Government does not issue release letters under any circumstances."
In case of violation of above said can't government cancel granted 491 visa or it may impact application for 191 visa?
 

tharun

Commoner
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97
Points
6
Timeline missing
Thanks again for replying @tharun
I asked this since NT website says two critical points stated as follows:
  1. NT has a condition that a person has to work in 'nominated occupation'
  2. "By accepting NT nomination you make a commitment to move to the NT to live and work for a minimum of three years once your visa has been granted. The NT Government does not issue release letters under any circumstances."
In case of violation of above said can't government cancel granted 491 visa or it may impact application for 191 visa?
1st point is related to get a nomination for SC 491 from NT government, when issued nomination and subsequent grant of SC 491 from DHA then you can work in any field.

Yes, all states mention that they will not issue release letter but under SC 491 moving between regional areas is allowed which is known as "Freedom of movement".

Staying in state which sponsored is only a moral obligation not a legal requirement, SC 491 is administrated by DHA (In fact all visas). If u live an regional area of Australia that's fine and will not create any problem now or in future.
 
Yes, under current Australian immigration law, you are free to move to other any region area.

But recently got some advices from the queensland state nomination case officer. he said you cannot move to any other places. although she cannot cancel your visa directly, she can cancel your state sponsorship which is the pre requirement of your 190/491 visa. If any queensland state nomination visa holders move to other places without reasons, qld government is very likely to cancel your sponsorship.

Another case is from rda489 orana rda. The co from orana rda said If you leave orana area without any reasons, they will prevent you from getting 887 visa.

Therefore, dont move other states, try to comply with your commitment. If you must move to other state, try to get understanding from your current state nomination body.
 

tharun

Commoner
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97
Points
6
Timeline missing
Yes, under current Australian immigration law, you are free to move to other any region area.

But recently got some advices from the queensland state nomination case officer. he said you cannot move to any other places. although she cannot cancel your visa directly, she can cancel your state sponsorship which is the pre requirement of your 190/491 visa. If any queensland state nomination visa holders move to other places without reasons, qld government is very likely to cancel your sponsorship.

Another case is from rda489 orana rda. The co from orana rda said If you leave orana area without any reasons, they will prevent you from getting 887 visa.

Therefore, dont move other states, try to comply with your commitment. If you must move to other state, try to get understanding from your current state nomination body.
Hi yes, I am aware of above situations but my question is how a nomination or sponsorship will be cancelled once SC 190/491 visa is granted by DHA. As far as I am aware that's not possible (correct me if I am wrong).

Requirementf SC 491 visa is to live, study (if interested) and work in Regional area (if there is additional applicants with you they must also) for 5 years and earn income set by minister for minimum of 3 years out of above 5 years then u will be eligible to SC 191 visa (887 for SC 489) then how a state nominating body can prevent in getting PR after rules set by govt are followed in accordance with relevant legislation?.
 
Hi yes, I am aware of above situations but my question is how a nomination or sponsorship will be cancelled once SC 190/491 visa is granted by DHA. As far as I am aware that's not possible (correct me if I am wrong).

Requirementf SC 491 visa is to live, study (if interested) and work in Regional area (if there is additional applicants with you they must also) for 5 years and earn income set by minister for minimum of 3 years out of above 5 years then u will be eligible to SC 191 visa (887 for SC 489) then how a state nominating body can prevent in getting PR after rules set by govt are followed in accordance with relevant legislation?.
The co from queensland gov is very clearly to tell some mara agents who attend their webinar, the state gov can cancel ur sponsorship before or after 491 visa granting.

It is right there is no case someone losing their visa after move to other state.

Try to comply your commitment, otherwise some state body will try to set more strict policy as NT did to avoid their nomination applicantant leave their region.
 

Varun Kumar

Wanderer
Messages
13
Points
1
Timeline missing
The co from queensland gov is very clearly to tell some mara agents who attend their webinar, the state gov can cancel ur sponsorship before or after 491 visa granting.

It is right there is no case someone losing their visa after move to other state.

Try to comply your commitment, otherwise some state body will try to set more strict policy as NT did to avoid their nomination applicantant leave their region.
Thanks for sharing insight.
What's your view about the condition that NT has that a person has to work in 'nominated occupation'?
What if a person is not able to get the job in the nominated occupation, but find any other job within the allowed state?
 

tharun

Commoner
Messages
97
Points
6
Timeline missing
The co from queensland gov is very clearly to tell some mara agents who attend their webinar, the state gov can cancel ur sponsorship before or after 491 visa granting.

It is right there is no case someone losing their visa after move to other state.

Try to comply your commitment, otherwise some state body will try to set more strict policy as NT did to avoid their nomination applicantant leave their region.
Hi, yes read above news it was instructed to MARA in their recent webinar sessions but my question is "Right to Freedom of movement" is a law which allows 491 visa holders to live, work and study in any part of regional Australia. How an state cancel your sponsorship once visa is granted that too using the right you got on your visa?.

Refer below document for the law I am stating ;

Persons who choose to migrate also have the future benefit of being able to access permanent residence if they have continued to live, work and study in a designated regional area while holding a regional provisional visa. This does not force people to remain in a particular area, but provides a benefit if they have lived, worked and studied in any area classified as a regional area for the relevant period of time. Hence, the amendments to the regulations requiring holders of regional provisional visas to live, work and study in regional Australia.

.
 
Hi, yes read above news it was instructed to MARA in their recent webinar sessions but my question is "Right to Freedom of movement" is a law which allows 491 visa holders to live, work and study in any part of regional Australia. How an state cancel your sponsorship once visa is granted that too using the right you got on your visa?.

Refer below document for the law I am stating ;

Persons who choose to migrate also have the future benefit of being able to access permanent residence if they have continued to live, work and study in a designated regional area while holding a regional provisional visa. This does not force people to remain in a particular area, but provides a benefit if they have lived, worked and studied in any area classified as a regional area for the relevant period of time. Hence, the amendments to the regulations requiring holders of regional provisional visas to live, work and study in regional Australia.

.
First of all, it is QLD case officer said they (state gov) can cancel ur sponsorship if she finds applicant move to other state. I just quote her saying. I really have no idea if state gov have right to affect ur visa If u move to other state, but state gov said they can. If you want to know how they (state gov)can do it, you can email to them directly.
 
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