Skilled Employer Sponsored Regional Visa (Subclass 494) Australia

Program Overview and Purpose

Regional Focus

The subclass 494 visa is specifically designed for regional Australia. Eligible visa holders can generally live, work and study in a designated regional area while holding the visa.

Importantly, regional Australia is broader than locations outside Sydney, Melbourne and Brisbane. The definition of a designated regional area is determined by Australian migration legislation and specified postcodes.

Visa Duration

The subclass 494 visa can allow eligible skilled workers to remain in Australia for up to five years.

The actual visa period and conditions depend on the individual visa grant.

Pathway to Permanent Residence

Subclass 494 can provide a pathway to permanent residence through the Subclass 191 Permanent Residence (Skilled Regional) visa.

Eligible 494 visa holders may be able to apply for subclass 191 after meeting the relevant requirements, including the applicable regional residence and income requirements.

Holding a subclass 494 visa does not automatically result in permanent residence. Applicants must independently satisfy the subclass 191 requirements when they become eligible to apply.

Core Eligibility Framework

Applicant Requirements

Applicants for the subclass 494 visa generally need to satisfy requirements relating to age, occupation, skills, experience, English, health and character.

Age Requirement

Applicants are generally required to be under 45 years of age at the time of application.

Certain exemptions may apply depending on the applicant's circumstances and the applicable legislation.

Skills Assessment

Applicants generally need a suitable positive skills assessment for the nominated occupation unless an applicable exemption applies.

The assessment must be issued by the relevant assessing authority and satisfy the requirements applicable to the nominated occupation and visa stream.

The skills assessment process can differ between occupations, so applicants should identify the correct assessing authority before applying.

Work Experience

Applicants generally need to demonstrate the required amount of relevant skilled employment experience.

For the standard subclass 494 employer-sponsored pathway, applicants commonly need at least three years of relevant work experience in the nominated occupation or a closely related field, subject to the applicable requirements.

The experience should be supported by appropriate employment evidence.

English Language

Applicants generally need to demonstrate the required level of English, commonly Competent English, unless an applicable exemption applies.

Accepted English tests and minimum scores are determined under Australian migration rules and can change over time.

Applicants should confirm the current English requirements before lodging an application.

Employer Sponsorship Requirements

The sponsoring employer plays a central role in the subclass 494 application.

The employer generally needs to be an eligible business operating in a designated regional area and must meet the relevant sponsorship and nomination requirements.

Regional Business

The sponsoring business must meet the requirements for an eligible regional employer.

The nominated position must be located in a designated regional area according to the applicable migration rules.

Genuine Position

The nominated position must be a genuine position that meets the requirements of the subclass 494 visa.

The position should:

• Be genuine and required by the business
• Be full-time
• Match the nominated occupation
• Meet applicable employment requirements
• Satisfy the relevant nomination criteria

The position should accurately reflect the actual duties and responsibilities that the sponsored worker will perform.

Salary Requirements

The nominated salary must satisfy the applicable salary requirements.

This can include the Annual Market Salary Rate (AMSR) and the applicable income threshold in force when the nomination is lodged.

Employers should ensure that the proposed salary is consistent with what an Australian worker performing equivalent work would receive, where the AMSR rules apply.

Salary thresholds can change, so current requirements should always be checked before lodging a nomination.

Eligible Occupation

The nominated occupation must meet the applicable subclass 494 occupation requirements.

Applicants should not select an occupation solely because their job title appears to match an occupation name.

The Department can consider the actual duties, responsibilities, qualifications and experience associated with the position when assessing occupation suitability.

A properly matched occupation and position description can therefore be important to the success of the application.

Subclass 494 Visa Streams

The subclass 494 program includes three main nomination pathways:

Employer Sponsored Stream

The Employer Sponsored stream is designed for skilled workers nominated by eligible employers operating in designated regional areas.

This is the primary pathway for regional businesses seeking skilled overseas workers.

Labour Agreement Stream

The Labour Agreement stream applies where an eligible employer has an appropriate labour agreement with the Australian Government.

The requirements can vary according to the terms of the particular labour agreement.

Subsequent Entrant Stream

The Subsequent Entrant stream can allow eligible family members of certain subclass 494 visa holders to apply for their own subclass 494 visa.

The applicant must satisfy the applicable requirements for a subsequent entrant application.

Application Process

The subclass 494 application generally involves several stages.

Step 1: Employer Sponsorship

The employer must meet the requirements to sponsor skilled workers under the applicable regional employer-sponsored framework.

Step 2: Nomination

The employer nominates the skilled position and proposed overseas worker.

The nomination must satisfy the applicable occupation, salary, regional location and other requirements.

Step 3: Visa Application

The applicant submits the subclass 494 visa application with supporting evidence.

Documents may include:

• Passport and identity documents
• English-language evidence
• Skills assessment
• Qualification documents
• Employment references
• Work experience evidence
• Police certificates
• Health examination evidence
• Evidence relating to family members
• Other documents requested by the Department

Step 4: Department Assessment

The Department of Home Affairs assesses the nomination and visa application against the applicable requirements.

Processing times can vary depending on the stream, application completeness, applicant circumstances and departmental priorities. No guaranteed processing timeframe should be relied upon.

Step 5: Visa Decision

If the nomination and visa application satisfy all applicable requirements, the subclass 494 visa may be granted.

Living and Working in Regional Australia

Subclass 494 visa holders are required to comply with the visa's regional conditions.

The visa is intended to support skilled employment and settlement in designated regional Australia.

Regional areas can include many locations outside Australia's major metropolitan centres, including eligible areas within states and territories that may not traditionally be considered remote.

Applicants should check the specific postcode of the proposed workplace and residence against the current designated regional area rules.

Pathway from Subclass 494 to Subclass 191

One of the major advantages of the subclass 494 visa is the potential pathway to permanent residence through the Permanent Residence (Skilled Regional) visa (subclass 191).

However, the transition is not automatic.

To qualify for subclass 191, the applicant must satisfy the requirements that apply at the time of application, including relevant requirements concerning:

• Holding the required regional provisional visa
• Regional residence
• Regional employment or activity requirements where applicable
• Required taxable income thresholds
• Visa compliance
• Other subclass 191 eligibility criteria

Applicants should plan their regional employment and residence carefully from the beginning of their subclass 494 visa period.

Family Members

Eligible family members may be included in a subclass 494 application or may be able to apply as subsequent entrants, depending on their circumstances.

Family members must satisfy the relevant visa, health and character requirements.

Evidence of the relationship may also be required.

Benefits of Subclass 494

The subclass 494 visa can offer eligible skilled workers the opportunity to:

• Live in designated regional Australia
• Work for their sponsoring employer
• Study in Australia
• Include eligible family members
• Build a pathway towards permanent residence
• Potentially progress to subclass 191 after meeting the applicable requirements

Important Considerations

Before applying for subclass 494, applicants should carefully assess:

• The correct nominated occupation
• Skills assessment requirements
• Relevant work experience
• English requirements
• Age and possible exemptions
• Employer eligibility
• Regional location of the position
• Salary and market-rate requirements
• Nomination requirements
• Health and character requirements
• Future subclass 191 eligibility

Migration requirements can change, so applicants should always assess their circumstances against the rules applicable when the application is lodged.

Professional Assistance for Subclass 494

The Skilled Employer Sponsored Regional (subclass 494) visa can be an important option for skilled workers who have an eligible regional employer willing to sponsor them.

Choosing the correct occupation, confirming employer eligibility and planning for the potential subclass 191 pathway are all important parts of the process.

The Visa can assist eligible applicants and employers with understanding the subclass 494 pathway, assessing requirements and preparing the relevant employer-sponsored visa application.

Contact The Visa today to discuss your Subclass 494 visa options.