What is the Skilled Employer-Sponsored Regional (Provisional) 494 Visa in Australia?

05 Jun What is the Skilled Employer-Sponsored Regional (Provisional) 494 Visa in Australia?

The Skilled Employer-Sponsored Regional (Provisional) 494 Visa was introduced in November 2019. This was designed for regional employers and regional Australian businesses to address identified labour shortages within their region by sponsoring skilled workers where these employers can’t source appropriately experienced and qualified skilled Australian workers. For migration purposes, most locations outside Australia’s major cities (Sydney, Melbourne, and Brisbane) are considered Designated Regional Areas including Perth and Gold Coast.

This visa lets you live and work in Australia and travel in and out of Australia as frequently as you wish for 5 years. It also offers a pathway to permanent residency. Dependent family members may be included and must also work, live, or study in a designated regional area in Australia.

To apply for a permanent residency from a 494 visa, you must be eligible after 3 years from the time your 494 visas are granted and must satisfy certain conditions. To meet the requirements of the permanent visa (from November 2022), the applicants must have complied with the conditions of their 494 visa and have met the minimum taxable income requirements. Applicants for Subclass 191 Permanent Residence (Skilled Regional) must show earnings of at least $53,900 per annum (current TSMIT as of June 2022) for three (3) years while on 494 visas. The 494-visa holder’s partner can be the main applicant for the 191 permanent resident visas after three (3) years if they can demonstrate this earning criterion.

Who can be qualified to apply for a Skilled Employer-Sponsored Regional 494 Visa?

Skilled workers with an occupation listed in the Regional Occupation List (ROL) can apply for the 494-visa provided they are nominated by the Australian employer. If the application is made while the skilled worker is in Australia, the worker must be a holder of a substantive visa, or a Bridging Visa A, B, or C.

Requirements for application for 494 Visa

To be eligible to apply for the Skilled Employer-Sponsored Regional (Provisional) 494 Visa in Australia. The applicant must meet the following requirements:

• Nominated by an Approved Sponsor: The applicant must be nominated by an approved sponsor or Australian employer whose business is lawfully operating in Australia. The employer will lodge the nomination for the application. Nomination requirements include Salary Report, Genuine Position Letter, Labour Market Testing and Position Description. The sponsor will be required to pay the Skilling Australians Funds (SAF) Levy. The employer or sponsor must also be in regional Australia, outside the main cities. This includes Gold Coast, Sunshine Coast, Adelaide, Hobart, Lake Macquarie, Illawarra, Canberra, Newcastle, Geelong, Perth, and Wollongong.
• Age: The applicant must be under 45 years of age unless an exemption applies
• English Proficiency: Must have competent English or higher, and their dependent family members over 18 years of age to have at least Functional English
• Positive Skills Assessment: Must have a positive skills assessment in the nominated occupation by the relevant assessing authority. The purpose of the assessment is to show the Government that you have the relevant skills to work in the nominated occupation. The skills assessment must be undertaken before the application for the 494 visas is lodged.
• Relevant Qualifications and Work Experience: The primary visa applicant must demonstrate the skills, qualifications, and work experience necessary to perform the nominated occupation. Ideally, the applicant must be employed in the nominated occupation for at least three (3) years on a full-time basis and at the skill level required for the nominated occupation, and the experience should be gained within the last five (5) years. The period of employment does not have to be continuous and equivalent part-time work may be considered.
• Must meet the health and character requirements

The Skilled Employer-Sponsored Regional (Provisional) 494 Visa Streams

There are three (3) streams in this visa for which you can choose to apply for:

Employer-Sponsored Stream

• In this stream, the skilled worker can live, study and work in a designated area of regional Australia for a period of up to five (5) years. This visa class also lets you travel in and out of Australia as frequently as you wish. If conditions are met, the skilled worker may apply for permanent resident status after three (3) years of working on this visa. Dependent children and partners may be included in the visa application.

Labour Agreement Stream

• Like the employer-sponsored stream, the labour agreement stream allows the skilled worker to live, study and work in designated regional Australia for five (5) years. This visa also enables the holder to travel in and out of Australia until the visa remains valid and after three (3) years of holding the visa, the skilled worker may also gain permanent residency in Australia if eligible together with their dependent children and partners.

Subsequent Entrant Stream

• This visa allows the holder to stay in Australia until the visa remains valid. It also lets the visa holder travel in and out of Australia as frequently as they wish and lets you stay for a period of up to five (5) years in designated regional areas of Australia for work and study.

Documents required to apply for a 494 Visa

The skilled worker applicant may need to provide the following documents upon application:

• Passport and ID Proofs
• Proof of English Language Skills (IELTS Results Card)
• Any change of name paperwork, if applicable
• Skills Assessment Result Letter from the relevant skills assessment authority, if applicable
• Proof of qualifications, licenses, registrations, and references from the previous employer
• Proof of Health Insurance Cover for the duration of stay in Australia
• Proof of Good Character which requires a police certificate or police clearance for every country that you have lived in for twelve (12) months or longer
• The accompanying Partner must also submit ID documents, character documents and proof of marriage/de facto relationship, if applicable
• The accompanying Dependents, must also submit ID documents, birth certificates, and depending on their age, character documents

It is important to note that you can’t extend your stay in Australia with a 494 visa. If eligible, the skilled worker has an option to apply for a permanent residence after 3 years from the time the 494 visas are granted.

If you want expert advice on how to apply for a 494 visa, Worldly Migration will be able to assist you with your queries. You are most welcome to book a free consultation with our expert Registered Migration Agent – Evan Bishop to discuss your pathway to permanent residency.