1. What Condition 8571 Means
Condition 8571 requires you to maintain an ongoing relationship with the State or Territory government agency that nominated you for the visa. This is not simply about having received a nomination—it requires active, substantive engagement with the nominating authority throughout your visa period.
The condition recognises that State and Territory governments have invested in sponsoring your visa based on a specific skills need or labour market requirement. By maintaining this relationship, you demonstrate genuine commitment to the jurisdiction that supported your application. The condition applies across skilled nominated visas where state or territory sponsorship is a key component of the application.
In practical terms, 'maintaining the relationship' includes responding to communications from the nominating agency, providing updates when requested, and keeping them informed of significant changes in your circumstances. It is not a passive requirement—simply holding the visa without any contact with the state agency is unlikely to satisfy this condition. Examples include responding to departmental follow-ups, notifying the state if you change employers, providing information when the agency makes a request, or demonstrating ongoing professional involvement relevant to your nomination.
2. Which Visas Carry This Condition
Condition 8571 is most commonly applied to subclass 190 (Skilled Nominated) and subclass 491 (Skilled Regional Sponsored) visas, both of which depend on State or Territory government nomination as a core component of the visa grant. Because these visas require a specific sponsoring state or territory, the condition ensures the relationship that enabled the sponsorship remains active.
The condition may also appear on other state-nominated visa categories, particularly those designed to address regional or state-specific labour shortages. Each state and territory maintains different expectations for what 'maintaining a relationship' means in practice—some states have formal reporting requirements, while others expect periodic contact or evidence of continued professional engagement in the field relevant to your nomination.
The condition is mandatory for these visa types and cannot be waived as part of the initial grant decision. It is imposed because the visa itself is granted based on state or territory support, and that support is conditioned on the holder remaining engaged with the sponsoring jurisdiction.
3. Consequences of Breaching Condition 8571
Breach of condition 8571 is a serious matter that can result in visa cancellation. The Department of Home Affairs has the power to cancel your visa under section 116(1) of the Migration Act 1958 if you breach this condition. Cancellation can occur with immediate effect or after a period of notice, depending on the Department's assessment of the breach.
If you are on a pathway to permanent residency (such as via a 190 visa leading to PR), breaching this condition can significantly damage that pathway. A breach may result in cancellation of your current visa before you reach the PR eligibility point, or it may be considered in character and conduct assessments for your subsequent PR application. The Department may also take the breach into account when considering future visa applications.
Additionally, a breach of condition 8571 may form the basis for character-related concerns that could affect your ability to obtain future Australian visas or to sponsor family members. It is therefore critical to take this condition seriously and maintain active engagement with your nominating state or territory agency.
4. Waiver and Removal Options
Condition 8571 is a mandatory condition on the specified visa subclasses and cannot be waived or removed at the time of visa grant. However, once you hold the visa, you may apply to have the condition removed under regulation 2.05(2) of the Migration Regulations 1994. This application is made to the Department of Home Affairs, not to the state or territory agency.
Applications to remove this condition are rarely successful unless the nominating state or territory agency has formally agreed to the removal. The Department will typically consult with the sponsoring state or territory before considering such applications. Successful removal requires demonstrating compelling circumstances and, in most cases, supporting evidence from the nominating state that the condition is no longer necessary.
If you believe you have strong reasons for removal—such as a change in circumstances that makes continued engagement with the state agency impossible or inappropriate—seek migration advice before applying. Unsuccessful applications will not generally result in negative consequences, but the condition will remain in place.
5. What to Do If You Have This Condition
- Verify the condition: Check your visa grant letter (VEVO or your immi account) to confirm condition 8571 is attached to your visa.
- Identify the nominating state or territory: Confirm which state or territory sponsored you and identify the specific government agency responsible for the relationship.
- Understand state-specific requirements: Contact the nominating state agency (or check their website) to understand what 'maintaining the relationship' means in practice for your visa and occupation.
- Establish communication channels: Provide the state agency with your current contact details and confirm how they will communicate with you (email, postal address, phone).
- Respond promptly to communications: If the state agency contacts you with questions, requests for information, or follow-ups, respond within a reasonable timeframe.
- Keep records: Maintain copies of all correspondence with the state agency, including confirmation of your address, employment, and engagement in your nominated field.
- Seek professional advice if uncertain: If you are unsure whether your current activities and engagement satisfy the condition, consult a migration agent before circumstances deteriorate.