If you are a 491 visa holder you may have received a letter from Home Affairs to provide documents.
Receiving a letter 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
Condition 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.
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.
All mandatory 491 visa conditions
Condition 8580 works together with the other conditions on every 491 visa. Breaching any of them can lead to visa cancellation and can also affect your later application for the 191 permanent visa.
| Condition | What it means for you |
|---|---|
| 8578 | Tell Home Affairs within 14 days if your residential address, email, phone number, passport or employer (or work location) changes. You can update your details in ImmiAccount. |
| 8579 | Live, work and study only in a designated regional area, as defined when your visa was granted, while you hold the 491 visa. |
| 8580 | If asked in writing, give evidence of your residential address, each employer’s address, each work location and any education provider’s address within 28 days. |
| 8581 | If asked, attend an interview at the time, place and in the manner Home Affairs specifies. |
How to respond to an 8580 request
- Read the letter carefully and note the 28 day deadline and what evidence is requested.
- Check that the addresses Home Affairs holds for you are up to date. If not, update them now under condition 8578.
- Collect recent documents in your name that show your regional home address and your work or study location, such as a lease, utility bills, bank statements, payslips and an employer letter.
- Upload or send the documents in the way the letter asks, and keep a copy of everything you provide.
- If you have moved, changed jobs or spent time outside a regional area, get advice before you respond.
To apply for the 191 visa you generally need to have held your 491 for at least 3 years, lived and worked in a designated regional area, and have taxable income shown on ATO notices of assessment for at least 3 years. There is no minimum income amount.
Condition 8580 FAQs
How long do I have to respond to a condition 8580 request?
You must provide the evidence within 28 days after the date of the written request. If you cannot meet the deadline, contact Home Affairs before it passes and get advice.
Does an 8580 letter mean I am in trouble?
Not necessarily. Requests are part of routine compliance monitoring and are sent to many 491 holders. They can also be sent if Home Affairs has received information about you, so respond fully and accurately.
Can I move to another regional area on a 491 visa?
You can generally move between designated regional areas, but you must update your address within 14 days under condition 8578 and keep living, working and studying only in regional areas. Check the postcode before you move.
What happens if I do not comply?
Failing to respond, or breaching condition 8579, can lead to cancellation of your visa under section 116 of the Migration Act. A cancellation can also affect future visa applications.
Does time outside a regional area affect my 191 application?
Yes. The 191 requires that you lived and worked in a regional area while holding your 491. Time spent living or working in a non-regional area can be a problem, so keep good records.
Contact us today to speak with our Registered Migration Agents in Melbourne and find more about your visa options.
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