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Condition 8580 on 491 visa

Condition 8580 on 491 visa

If you are a 491 visa holder you may have received a letter from Home Affairs to provide documents.

Receiving a letting requesting documents in this case is basically Home Affairs monitoring your compliance with visa condition 8580.

If you are complying with all the conditions imposed on your visa there is nothing to be worried about. Submitting evidence during the monitoring period is an obligation of 491 visa holders and called condition 8580.

Condition 8580

Conditions 8580 is a mandatory condition that must be imposed on all subclass 491 visas. Accordingly, the 491 visa holders, if requested, in writing, by the Department of Home Affairs, must provide evidence of any or all of the following within 28 days after the date of the request:

(a) the holder’s residential address;

(b) the address of each employer of the holder;

(c) the address of each location of each position in which the holder is employed;

(d) the address of an educational institution attended by the holder.

TSS vs 491 vs 494 visa

What document should you submit to the Department of Home Affairs?

The evidence being requested is for the Department to see if you are still living and working in a regional area. Therefore, documents that contain your current residential address would suffice this request. These may include, but not limited to:

Lease Agreement or Mortgage documents
Bank Statements showing your address and transactions
Utilities bills, including internet, gas, water and electricity bills
Mobile phone account
Rate Notice
Employment Contract
Letter from your employer confirming the location of your work
If you are studying, enrolment letter or academic transcript

Why do you need to submit evidence? What if you do not comply with the Department request?

The 491 visa is designed for people who are living and working in regional areas in Australia. This visa scheme is to promote the regional economy and tackle labour shortages that these areas face. Therefore, one of the mandatory conditions imposed on this visa is that visa holders must continue to live and work in regional areas.

When receiving this request, you must respond to it within 28 days. Failing to respond to this request means that you will breach condition 8580, which put your visa at risk of being cancelled under section 116 of the Migration Act 1958.

When will you receive this request?

The request is sent randomly to visa holders. Some may receive it annually, some may receive it once every 6 months, some may never receive one. You might also receive this request if there is adverse information made against you to the Department.

As this is part of the compliance and monitoring process, don’t panic when you receive this request while your friend, who is also a 491 visa holder, does not. Make sure that you comply with all the conditions of your visa, collect all relevant documents, and respond to the Department within the 28 day timeframe.

Contact us today to speak with our Registered Migration Agents in Melbourne and find more about your visa options.