Skilled Employer Sponsored Regional Visa Subclass 494

What Is the Subclass 494 Visa?

The subclass 494 is a provisional employer-sponsored regional visa.

Unlike the Skilled Work Regional visa (subclass 491), which can involve state or territory nomination or eligible family sponsorship, subclass 494 is based on employer sponsorship and nomination.

The visa generally allows the primary visa holder to:

• Live in a designated regional area
• Work in the nominated occupation
• Work for the sponsoring employer in accordance with the visa requirements
• Include eligible family members
• Potentially progress to permanent residence through subclass 191

Subclass 494 Streams

The subclass 494 has three streams:

Employer Sponsored Stream

The Employer Sponsored stream is designed for skilled workers nominated by an eligible employer for a position in regional Australia.

For this stream, the nominated position must satisfy the applicable occupation, salary, skills and regional requirements.

A Regional Certifying Body (RCB) must assess the Annual Market Salary Rate (AMSR) for the nominated position before an employer nomination can be approved under the Employer Sponsored stream.

Labour Agreement Stream

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

Labour agreements can be used where there is a demonstrated need for skilled overseas workers that cannot be met through the Australian labour market and where standard visa programs are not available.

Labour agreements can provide access to subclass 494 as well as certain other employer-sponsored visa programs.

Subsequent Entrant

Eligible family members of a subclass 494 visa holder may have options to join the primary visa holder in Australia as subsequent entrants, subject to the applicable requirements.

The exact requirements should be checked against the family member's circumstances and the visa conditions.

How Long Is the Subclass 494 Visa Valid?

The subclass 494 is a 5-year provisional visa.

During the visa period, the visa holder is expected to live and work in the designated regional area in accordance with the visa requirements.

The visa can potentially lead to permanent residence through subclass 191 once the relevant requirements have been satisfied.

Subclass 494 to Permanent Residence

One of the major features of subclass 494 is its connection to the Permanent Residence (Skilled Regional) visa (subclass 191).

Subclass 191 provides an independent permanent residence pathway for eligible holders of regional provisional visas, including subclass 494 and subclass 491.

However, holding a subclass 494 does not automatically result in permanent residence.

You must satisfy the subclass 191 requirements when you apply.

This includes meeting the applicable requirements concerning:

• Regional residence
• Regional work
• Income
• Visa history
• Other permanent visa criteria

Who Can Apply for Subclass 494?

The eligibility requirements depend on the stream.

For the Employer Sponsored stream, applicants generally need to:

• Have an eligible employer nomination
• Have an eligible occupation
• Have the required skills and qualifications
• Have the required work experience
• Meet the applicable age requirement unless an exemption applies
• Meet English requirements unless exempt
• Meet health requirements
• Meet character requirements
• Meet the relevant salary requirements
• Meet licensing or registration requirements where applicable
• Intend to work in the nominated position in a designated regional area

The exact requirements must be assessed against the relevant stream and current legislation.

Employer Sponsorship

An employer generally needs to be an approved sponsor or otherwise satisfy the sponsorship requirements applicable to the nomination.

A Standard Business Sponsor can sponsor workers for the subclass 494.

The sponsoring employer must comply with Australia's sponsorship obligations.

These obligations can include:

• Providing the nominated employment
• Notifying the Department about specified changes
• Keeping appropriate records
• Cooperating with monitoring
• Complying with workplace laws
• Not engaging in discriminatory or exploitative practices

Designated Regional Area

Subclass 494 requires the nominated work to be located in a designated regional area.

Regional Australia for migration purposes is broader than simply rural or remote Australia.

A number of locations outside Australia's major metropolitan centres can qualify as designated regional areas.

The exact location of the proposed employment should be checked against the current designated regional area rules before applying.

Occupation Requirements

The nominated occupation must be eligible for the subclass 494 visa.

Home Affairs currently states that subclass 494 has access to 650 eligible occupations.

The applicable occupation and assessing authority depend on the nominated occupation.

The occupation must also accurately reflect the actual position and duties.

A job title alone is not sufficient to establish that a position corresponds to a particular ANZSCO occupation.

Skills Assessment

Employer Sponsored stream applicants generally require a positive skills assessment, unless an applicable exemption applies.

The assessing authority depends on the nominated occupation.

Some applicants may therefore need to obtain a skills assessment before lodging the visa application.

The exact skills assessment requirement should be checked based on:

• Occupation
• Passport/citizenship
• Qualifications
• Work experience
• Visa stream
• Any applicable exemption

Work Experience

Applicants must satisfy the applicable work experience requirement for subclass 494.

The evidence should demonstrate that the applicant has genuinely worked in the relevant occupation or a closely related field as required by the applicable rules.

Evidence can include:

• Employment contracts
• Employer reference letters
• Payslips
• Bank statements
• Tax records
• Superannuation records
• Position descriptions
• Other reliable employment evidence

English Requirement

Applicants generally need to demonstrate the required level of English unless an exemption applies.

The acceptable evidence and minimum level depend on the current visa requirements.

Applicants should check the current Department requirements before relying on an English test result because accepted tests, score requirements and validity rules can change.

Salary Requirements

The nominated position must satisfy the applicable salary requirements.

The employer generally needs to meet the relevant salary rules, including the applicable Annual Market Salary Rate (AMSR) requirements where relevant.

For the Employer Sponsored stream, the RCB assesses the AMSR for the nominated position.

The salary must also satisfy the relevant income threshold and other requirements applicable to subclass 494.

Regional Certifying Body

A Regional Certifying Body (RCB) plays an important role in the Employer Sponsored stream.

Before the nomination can be approved, the RCB assesses the Annual Market Salary Rate for the nominated position.

The appropriate RCB depends on where the nominated position is located.

The RCB process is separate from the visa application itself.

Labour Market Testing

For relevant employer-sponsored nominations, the employer may need to demonstrate that it has tested the Australian labour market before nominating an overseas worker.

Home Affairs states that labour market testing generally involves advertising the position in Australia for at least 4 weeks in at least 2 advertisements, subject to applicable exemptions.

The exact advertising requirements and exemptions should be checked at the time of nomination.

Age Requirement

Subclass 494 has age requirements, subject to specified exemptions.

Applicants should assess their age against the applicable legislation and the particular stream.

Some applicants may qualify for an exemption based on their circumstances, including certain existing skilled visa holders or other categories recognised by the legislation.

Age should therefore be assessed before proceeding with an employer-sponsored regional pathway.

Health Requirements

Applicants and relevant family members must satisfy the applicable health requirements.

Health examinations may be required.

Health requirements can depend on factors such as:

• Visa type
• Intended stay
• Country of residence
• Previous travel
• Medical history
• Family circumstances

The Department determines the examinations required for each application.

Character Requirements

Applicants must also satisfy Australia's character requirements.

Depending on the circumstances, police certificates and other character information may be required.

Previous criminal convictions, visa cancellations and other immigration history should be disclosed accurately where required.

Family Members

Eligible members of the applicant's family unit may be included in the subclass 494 application or may have subsequent entrant options, depending on their circumstances.

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

Family circumstances should be considered carefully before the application is lodged.

Subclass 494 and Subclass 482

The subclass 494 and subclass 482 are both employer-sponsored skilled visa options, but they have important differences.

The appropriate pathway depends on the applicant's occupation, employer, location, experience and long-term plans.

Subclass 494 and Subclass 491

Both subclass 494 and subclass 491 are regional provisional visas.

However, the sponsorship arrangements are different.

Subclass 494 is employer sponsored.

Subclass 491 can involve:

• State or territory nomination; or
• Eligible family sponsorship.

Both subclasses can provide a pathway to subclass 191 for eligible visa holders who satisfy the applicable requirements.

Subclass 494 and Subclass 191

Subclass 494 is not itself a permanent visa.

Eligible holders may later apply for subclass 191 if they satisfy the requirements.

The Department confirms that subclass 191 provides a permanent residence pathway for eligible holders of subclass 494 and subclass 491.

Applicants should maintain evidence of their regional residence, employment and income throughout the provisional visa period.

Labour Agreement and DAMA Pathways

Some regional employers may use a Labour Agreement where standard skilled migration arrangements are not suitable.

Labour agreements can provide access to subclass 494 and may include agreed concessions where permitted.

A Designated Area Migration Agreement (DAMA) can also provide access to additional occupations and agreed concessions within a designated region.

Individual DAMA labour agreements generally use subclass 482, 494 and 186 visa programs.

Processing Priority

Subclass 494 is included in the skilled visa processing framework under the current Ministerial Direction covering skilled visa processing priorities.

Processing priority does not mean that every subclass 494 application will be decided within a particular timeframe.

Processing can depend on:

• Application completeness
• Occupation
• Location
• Nomination
• Health checks
• Character checks
• Requests for additional information
• Department workload
• Applicable processing priorities

Applicants should avoid relying on guaranteed processing times.

Subclass 494 Visa Conditions

Visa holders must comply with their visa conditions.

This can include requirements concerning:

• Work
• Employer
• Occupation
• Regional location
• Family members
• Other conditions imposed on the visa

A visa holder should check their individual visa grant notification and VEVO record for their specific conditions.

What Happens If Employment Ends?

A subclass 494 visa holder should obtain professional advice promptly if their employment ends or the nominated employment changes.

Possible consequences depend on:

• Why employment ended
• Whether another approved employer is available
• Whether a new nomination can be made
• Visa conditions
• The applicant's immigration history
• Current migration legislation

Do not assume that changing employers is automatically permitted.

Subclass 494 Visa Process

Step 1 – Assess Eligibility

Check your occupation, skills, age, English, experience and other requirements.

Step 2 – Find an Eligible Regional Employer

The employer must have an eligible position in a designated regional area.

Step 3 – Sponsorship

The employer must satisfy the applicable sponsorship requirements.

Step 4 – Regional Certifying Body

For the Employer Sponsored stream, the RCB assesses the Annual Market Salary Rate where required.

Step 5 – Labour Market Testing

The employer completes labour market testing where required.

Step 6 – Nomination

The employer nominates the skilled position and applicant.

Step 7 – Visa Application

The applicant lodges the subclass 494 visa application with the required documents.

Step 8 – Health and Character

Complete required health examinations and provide character documents.

Step 9 – Department Assessment

Home Affairs assesses the nomination and visa application.

Step 10 – Visa Decision

If all requirements are satisfied, the subclass 494 visa may be granted.

Step 11 – Regional Employment and Residence

The visa holder must comply with the regional and employment requirements.

Step 12 – Consider Subclass 191

Once eligible, the visa holder may consider applying for permanent residence through subclass 191.

Why Professional Advice Matters

Employer-sponsored regional applications involve several connected stages.

A problem with the occupation, salary, employer, RCB assessment, nomination or visa evidence can affect the overall application.

Professional assessment can help identify potential issues before the nomination and visa application are lodged.

How The Visa Can Help

At The Visa and Education Services Pty Ltd, we assist skilled workers and Australian regional employers with employer-sponsored migration pathways.

Our services can include:

• Subclass 494 eligibility assessment
• Occupation assessment
• Employer sponsorship guidance
• Nomination assistance
• Regional Certifying Body guidance
• Skills assessment guidance
• Labour market testing guidance
• Document preparation
• Visa application assistance
• Family member assessment
• Subclass 494 to 191 pathway planning

Looking at the Subclass 494 Pathway?

The Skilled Employer Sponsored Regional visa can provide skilled workers with a regional employer-sponsored pathway and, for eligible applicants, a route towards permanent residence through subclass 191.

Your eligibility depends on the occupation, employer, regional location, salary, skills, experience and other applicable requirements.

Registered Migration Agent: Navneet Kaur (MARN 2318181)

Contact The Visa and Education Services Pty Ltd for professional advice about the subclass 494 visa and regional employer-sponsored migration.

Disclaimer: This information is general in nature and does not constitute personalised migration or legal advice. Visa requirements, occupation lists, salary thresholds, processing priorities and legislation can change. Eligibility should be assessed against the current Department of Home Affairs requirements at the time of application.