Subclass 491: more strict visa conditions

The visa conditions for the new subclass 491 are completely different and much more strict compared to subclass 489. For instance, a subclass 491 visa holder will need to notify Immigration within 14 days of any changes to: their phone number; their email address; the address of an employer; etc. They will also need to provide evidence, if requested, of: their address; the address of an education institution they attend; etc. And the list of requirements goes on. Non-compliance might lead to visa cancellation.

The visa conditions that will apply to the new subclass are much more strict compared to the conditions that apply to subclass 489.

The only three conditions currently applicable to subclass 489 are as follows:

8539 

While the holder is in Australia, the holder must live, study and work only in an area specified by the Minister in an instrument in writing for item 6A1001 of Schedule 6A or item 6D101 of Schedule 6D, as in force:

(a)  when the visa was granted; or

(b)  if the holder has held more than 1 visa that is subject to this condition — when the first of those visas was granted.

8549 

(1)  Unless subclause (2) applies, while the holder is in Australia, the holder must live, study and work only in a designated area, as in force:

(a)  when the visa was granted; or

(b)  if the holder has held more than 1 visa that is subject to this condition — when the first of those visas was granted.

(2)  For a visa granted on the basis of satisfaction of clause 159.214 or 159.311 of Schedule 2, while the holder is in Australia, the holder must live, study and work only in Norfolk Island, apart from any period during the whole of which the visa holder:

(a)  has not turned 25; and

(b)  is a dependent child of a person who is ordinarily resident in Norfolk Island; and

(c)  lives elsewhere in Australia for the purpose of study; and 

(d)  meets the requirements mentioned in condition 8105 (which relates to students engaging in work).

8515 

The holder of the visa must not marry or enter into a de facto relationship before entering Australia.

In contrast, the following provisions will apply to subclass 491.

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