491 Visa Conditions and Waiver

Visa Conditions

  • 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.
  • 8579: While in Australia during the regional residency period, the visa 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.

 

  • 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.
  • 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.

 

Waiver of Visa Conditions

Some onshore applicants may be imposed with Visa Conditions 8503 or 8534. The conditions are stipulated below:

 

Visa Condition 8503: The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia.

*The Department’s system will automatically waive the condition to enable lodgement of the Subclass 491 application and grant an associated BVA.

 

Visa Condition 8534: The holder will not be entitled to be granted a substantive visa, other than a:

  • Protection visa; or
  • Subclass 485 (Temporary Graduate) visa; or
  • Subclass 590 (Student Guardian) visa;

while the holder remains in Australia.

*The Department’s system will waive the condition and allow lodgement of a Subclass 491 application, but the waiver is not automatically granted in every case.

 

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