494 Visa Condition

 

In summary, the holder of a Subclass 494 visa:

  • Must work for the approved sponsor in the approved occupation;
  • Must only live and work (and, if relevant, study) in a designated regional area;
  • Can bring eligible dependents with them to Australia. Those dependants must satisfy the secondary criteria. Dependants can work and study but must live, work and study in a designated regional area only;
  • Can travel in and out of Australia during the validity period of the visa.

 

Visa Condition

More specifically, 494 visa holders must comply with the following conditions as violation of such may result in visa cancellation.

 

Visa Condition 8578

The holder must notify Immigration of a change to any of the following within 14 days after the change occurs:

  1. the holder’s residential address;
  2. an email address of the holder;
  3. a phone number of the holder;
  4. the holder’s passport details;
  5. the address of an employer of the holder;
  6. the address of the location of a position in which the holder is employed.

 

Visa Condition 8579

(1)  If the visa is a Subclass 491 (Skilled Work Regional (Provisional)) visa, the holder, while in Australia, must live, work and study only in a part of Australia that was a designated regional area at the time the visa was granted.

(2)  If:

  1. the visa is a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and
  2. the holder is:
    1. a person (the primary person ) who satisfied the primary criteria for the grant of the visa; or
    2. a person who is a member of the family unit of a person (the primary person ) who satisfied the primary criteria for the grant of a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;

then, while in Australia during the regional residency period, the holder must live, work and study only in a part of Australia that was a designated regional area at the time the relevant nomination in relation to the primary person was made.

(3)  For the purposes of subclause (2), the relevant nomination in relation to the primary person is:

  1. if the nomination (the first nomination ) identified in the primary person’s application is the first and only nomination that has been approved under subsection 140GB(2) of the Act in relation to the primary person for the purposes of the visa–the first nomination; or
  2. if:
    1. after the first nomination was approved, another nomination (a later nomination ) has been approved under that subsection in relation to the primary person for the purposes of the visa; and
    2. the primary person has commenced work, as the holder of the visa, in the position associated with the occupation nominated by that later nomination;

(4)  If the relevant nomination in relation to the primary person is the first nomination, then, for the purposes of subclause (2), the regional residency period is the period that:

  1. starts:

    1. if the holder was in Australia at the time of grant–at that time; or
    2. otherwise–at the time the holder first enters Australia as the holder of the visa; and
  2. ends:
  1. if another nomination is approved under subsection 140GB(2) of the Act in relation to the primary person for the purposes of the visa–at the end of the day before the day on which the primary person commences work, as the holder of the visa, in the position associated with the occupation nominated by that nomination; or
    1. otherwise–at the time the holder’s visa ceases to have effect.

(5)  If the relevant nomination in relation to the primary person is a later nomination, then, for the purposes of subclause (2), the regional residency period is the period that:

  1. starts at the start of the day on which the primary person commences work, as the holder of the visa, in the position associated with the occupation nominated by the later nomination; and
  2. ends:
    1. if another nomination is approved under subsection 140GB(2) of the Act in relation to the primary person for the purposes of the visa–at the end of the day before the day on which the primary person commences work, as the holder of the visa, in the position associated with the occupation nominated by that nomination; or
    2. otherwise–at the time the holder’s visa ceases to have effect

 

Visa Condition 8580

If requested, in writing, by the Minister to do so, the holder must provide evidence of any or all of the following within 28 days after the date of the request:

  1. the holder’s residential address;
  2. the address of each employer of the holder;
  3. the address of each location of each position in which the holder is employed;
  4. the address of an educational institution attended by the holder.

 

Visa Condition 8581

If requested, in writing, by the Minister to do so, the holder must attend an interview:

  1. at a place and time specified in the request; or
  2. in a manner, and at a time, specified in the request.

 

Visa Condition 8608

(1) The visa holder must work only in the nominated occupation identified in the application for the most recent Subclass 494 (Skilled Employer Sponsored Regional (Provisional) visa granted to the holder.

(2)  Unless subclause (3) applies, the holder must:

  1. if the most recent Subclass 494 visa granted to the holder is in the Employer Sponsored stream–work only in a position in:

    1. the person’s business; or
    2. a business of an associated entity of the person; or
  2. if the most recent Subclass 494 visa granted to the holder is in the Labour Agreement stream–work only for the person who nominated the nominated occupation.

(3)  This subclause applies if:

  1. the nominated occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72C(14); or
  2. the holder is continuing to work for a person for the purpose of fulfilling a requirement under a law relating to industrial relations and relating to the giving of notice.

(4)  Subject to subclause (6), the holder must commence work within:

  1. if the holder was outside Australia when the visa was granted–90 days after the holder’s arrival in Australia; or
  2. if the holder was in Australia when the visa was granted–90 days after the holder’s visa was granted.

(5)  If the holder ceases employment, the period during which the holder ceases employment must not exceed 90 consecutive days.

(6)  If the holder is required to hold a licence, registration or membership (the authorisation ) that is mandatory to perform the nominated occupation in the location where the holder’s position is situated, the holder must:

  1. hold the authorisation within:

    1. if the holder was outside Australia when the visa was granted–90 days after the holder’s arrival in Australia; or
    2. if the holder was in Australia when the visa was granted–90 days after the holder’s visa was granted; and
  2. continue to hold the authorisation while the holder is performing the occupation; and
  3. notify Immigration, in writing, as soon as practicable if an application for the authorisation is refused; and
  4. comply with each condition or requirement to which the authorisation is subject; and
  5. not engage in work that is inconsistent with the authorisation, including any conditions or requirements to which the authorisation is subject; and
  6. notify Immigration, in writing, as soon as practicable if the authorisation ceases to be in force or is revoked or cancelled.

 

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