Yes, you can work remotely for a Sydney-based firm while on a 491 visa, provided you strictly adhere to the residency and work location requirements mandated by Visa Condition 8579.

The Department of Home Affairs officially recognizes remote work as a compliant way to fulfill your regional visa obligations, provided you are physically based in a Designated Regional Area (DRA) while performing your duties.

Key Requirements for Compliance

To ensure your remote work arrangement does not jeopardize your future application for a Subclass 191 Permanent Residence visa, you must meet the following criteria:

• Routine Work Location: You must “routinely” perform your work duties from a home office located within a DRA. Your primary place of work is considered to be where you spend your daily working hours.
• Residential Requirement: You must maintain a primary residential address within a DRA.
• Avoid “Hybrid” Confusion: You cannot adopt a hybrid schedule that requires you to commute to a Sydney office on a regular basis (e.g., weekly or fortnightly). Occasional, incidental travel to Sydney for meetings or training is generally permitted, but your routine work must remain regional.
• Employer Location is Secondary: The physical location of your employer’s headquarters does not matter. Whether your firm is based in Sydney, overseas, or in another regional area, your compliance is judged by where you are physically located when you perform your work.

Evidence You Should Maintain

Because the Department of Home Affairs assesses compliance on an individual basis, you should keep a “Compliance Folder” containing:

• Employment Contract: Ensure it explicitly states your remote work arrangement and your primary work location as your home address in the regional area.
• Employer Support Letter: A letter from your HR department confirming that your role is a “work-from-home” arrangement based at your regional address.
• Proof of Residency: Utility bills, a residential lease or mortgage documents, and council rates showing your home address in the DRA.
• Proof of Income: Bank statements and ATO Notices of Assessment showing your salary being paid in Australia, which reinforces that you are working within the Australian tax system.

Risks to Avoid

• Splitting Your Time: Avoid “routine” work schedules that split your time between your regional home and a metropolitan office.
• False Claims: Do not use a regional address while actually living or performing your routine work in Sydney. The Department may investigate if your location data (IP addresses, travel records, etc.) contradicts your declared place of residence.