If you hold a Skilled Work Regional (Provisional) visa (subclass 491), a Skilled Employer Sponsored Regional (Provisional) visa (subclass 494), or the older subclass 489, you are likely familiar with Condition 8579. This condition requires you to live, work, and study in a designated regional area (DRA).
For years, there has been confusion about what this actually means in a modern, digital world. Can you work from home for a Sydney-based company? Can you travel for work?
As an experienced migration agent here at VisaTasker, I am pleased to share that the Department of Home Affairs has released updated policy advice that finally clears up this uncertainty. Here is what you need to know about your new flexibility.
1. Remote Work for Metro Employers is Now Accepted
This is the biggest win for our clients. The Department now officially recognizes that remote work is a normal part of the Australian labour market.
Previously, working for an employer based in a major city (like Sydney or Melbourne) while holding a regional visa was a grey area. The new policy confirms that you generally meet Condition 8579 if:
• You live at a residential address in a designated regional area (DRA); and
• You usually perform your work duties from a location within that regional area (such as your home office).
This applies even if your employer is based in a metropolitan area or overseas. However, if you are working for an overseas employer, your remuneration must be paid in Australia and your income tax must be payable in Australia to remain compliant.
2. The End of the “90-Day” Rule
In the past, internal guidelines suggested arbitrary time limits on how long you could be outside a regional area (often cited as no more than 60 consecutive days or 90 days total). These rigid timeframes have been replaced.
The new test is more practical: Do you perform work duties “frequently and routinely” outside of a regional area?
• Occasional travel for meetings, training, or conferences is generally fine.
• Regular patterns of working outside the region are not.
3. Transport Industry Exemptions
If you are a truck driver or delivery driver, you can breathe a sigh of relief. The policy specifically recognizes that transport workers must cross regional boundaries as part of their job. You will not breach your visa conditions for traveling outside a DRA in the course of your duties, provided you still live and primarily work in a regional area.
4. What to Watch Out For (The Risks)
While this flexibility is excellent, you must be careful not to push the boundaries. You will risk non-compliance (and your future PR prospects) if:
• You live regionally but frequently and routinely perform your work duties outside the regional area.
• You have a “split” arrangement, such as commuting weekly to a capital city to work for a few days. The Department warns that regular, ongoing work in a metropolitan area could lead to a breach of Condition 8579,.
5. Preparing for Permanent Residency (Subclass 191)
Maintaining compliance with Condition 8579 is critical for your eventual eligibility for the Permanent Residence (Skilled Regional) visa (subclass 191).
To ensure your future application is smooth, we recommend keeping strong evidence of your regional status, including:
• Proof of Residence: Rental agreements, utility bills, or school enrolments.
• Proof of Work Location: Employment contracts, payslips, and ATO assessments.
Need Help Clarifying Your Position?
This update provides much-needed certainty and allows regional visa holders to access a wider range of job opportunities. However, every case is unique. If you are unsure if your specific work arrangement complies with the “frequently and routinely” test, please reach out to us.
At VisaTasker, we can help assess your employment setup to ensure your pathway to permanent residency remains secure.
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Disclaimer: This information is based on recent policy updates and is current as of the date of posting. Immigration laws are subject to change. Please contact VisaTasker for professional advice tailored to your circumstances.
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Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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