Freedom of Information Access Request – FA 23/07/00752
Freedom of Information Access Request – FA 23/07/00752
Freedom For all Skilled Work Regional (Provisional) visa (subclass 491) holders, condition 8579 is mandatory.
Under condition 8579, visa holders must live at a home address in an Australian designated regional area (DRA) and generally work regular hours from a work site in a DRA while doing their regular employer-required duties.
The area where a subclass 491 visa holder lives must have been included in the DRA list on the day the visa was granted.
A subclass 491 visa holder’s employer does not have to be located in a DRA; nevertheless, if the employer is foreign-owned or based abroad, the subclass 491 visa holder may be requested for proof that income tax is paid in Australia and that the visa holder gets remuneration there.
To be eligible for a Permanent Residence (Skilled Regional) visa (subclass 191), all subclass 491 visa holders must have met the requirements of condition 8579 when they had the visa.
It is not the intention of condition 8579 to prohibit incidental activities outside of a DRA by a visa holder. Such activities may include:
- Holidays
- Work-related travel
- Work-related training.
When assessing a visa holder’s compliance with condition 8579, visa officers evaluate their circumstances.
According to policy, the visa holder may be asked further about the reason for travel beyond the DRA, where:
- The holder spends more than 90 days outside the DRA annually or
- The holder has not been in the DRA for more than 60 days.
The employer’s geographical location is not a determining factor. For instance, the employer could be present in a DRA through a local office or branch in a metropolitan region of Australia or abroad. The work requirements of condition 8579 are met if the visa holder works at the regional office situated in a DRA.
Note: For the points test, work done for an Australian-registered company in a non-postcoded area may be counted as Australian work experience.
For example, a person working on a resource or sea installation related to the Australian sea bed in Australian waters is taken to have worked in Australia by sections 8 and 9 of the Migration Act.
By using the regional compliance requirements, officers can verify that a Subclass 491 or Subclass 494 visa holder has lived, worked, and studied in a DRA by:
- Asking the visa holder to submit their current contact information, including their employer’s address, the location of their job, and any educational institutions they may be enrolled in;
- Upon request from an official, the visa holder must give proof of where they have been living, working, or studying.
- If an officer requests it, the visa holder must attend an interview.
Notes:
- Source: Department of Home Affairs (internal documents)
Caveats:
- This information is explicitly given for this request.
- The area that provides external stakeholders with information from the Department of Home Affairs ensures that the disclosure complies with the Australian Privacy Principles, the ABF Act, or other applicable laws.
Post Title 2
There have been a few key changes to Australian skilled visas in 2024:
- Increase in Temporary Skilled Migration Income Threshold (TSMIT): On May 28, 2024, the TSMIT increased to $73,150 per year. This means applicants for certain skilled visas will need to demonstrate a higher minimum salary. Australian Government Department of Home Affairs news archive
- New Skills in Demand visa announced: The Australian Government plans to introduce a new Skills in Demand visa to replace the current Temporary Skill Shortage (TSS) visa (subclass 482). This new visa will have three streams: Specialist Skills, Core Skills, and Essential Skills. The Specialist Skills pathway will target highly-skilled migrants with guaranteed annual earnings of at least AUD 135,000. The Core Skills pathway is for occupations on a new list of in-demand occupations. Details on the Essential Skills pathway are still under development. The new visa will offer a streamlined application process, longer validity periods for job advertisements, and increased employee mobility for visa holders. Visa Envoy Upcoming Immigration Changes [invalid URL removed]
- Changes to Subclass 485 Visa: The minimum age requirement for the Subclass 485 Temporary Graduate visa is now 50 years old. Additionally, the two-year extension for this visa has ended.
- Changes to Skilled Work Regional Visa (Subclass 491): The required employment duration in regional areas under the NSW Government’s Pathway 1 of the Subclass 491 visa has been reduced from 12 months to 6 months.
For the most up-to-date information on Australian skilled visas, it is recommended to visit the official Australian Government Department of Home Affairs website or consult a registered migration agent.
I really enjoyed reading this piece on Freedom of Information requests — it breaks down a topic that many of us find confusing and makes it feel way more approachable. It’s interesting to learn how this process gives people a legal way to ask for government-held information (something most of us assume exists but don’t always know how to access). The write-up does a nice job reminding readers that it’s more than just a formality — you need to be specific, in writing, and clear about what documents you want.
I especially appreciated the practical tone; it doesn’t just throw definitions at you but actually inspires confidence to take the next step if you ever need to make a request yourself. It’s also a good reminder to check what information might already be out there before submitting a formal application — something that could save time and effort.