Skilled Employer Sponsored Regional Visa 494
The Skilled Employer Sponsored Regional (Provisional) subclass 494 visa (SESR) was introduced to replace the popular Regional Sponsored Migration Scheme subclass 187 visa (RSMS). However, unlike RSMS, this is a provisional visa that leads to permanent residency after the 494 visa holder works and lives in the designated regional area for 3 years.
Subclass 494 visa holders may live and work in designated regional areas for up to 5 years.
The Two Streams to 494 Visa
There are two streams under the 494 visa Australia:
- Employer Sponsored Stream
- Labour Agreement Stream
There is a pathway available to permanent residents who have been living and working in the designated regional area for 3 (three) years.
The occupation list suitable for the subclass 494 visa is updated regularly. At the time of writing, occupations listed in the Medium and Long-term Strategic Skills List or the Regional Occupation List are eligible to apply for visa 494 under the Employer Sponsored stream.
The Three Stages to 494 Visa
There are 3 (three) stages involved in the Skilled Employer Sponsored Regional subclass 494 visa program.
Sponsorship Application
The first stage of the subclass 494 visa is sponsorship. By becoming an approved sponsor, the employer can nominate as many employees as they need. The sponsorship is for five years and is renewable. The type of sponsor for the visa subclass 494 is a Standard Business Sponsor (SBS).
To be an approved sponsor, the employer must be lawfully and actively operating and has no adverse records with the authority. Some businesses may also be able to apply for accredited status, and they will receive priority processing for all 494 visa applications.
There are several sponsorship obligations that the employers must comply with as a sponsor for the visa 494. Failure to do so may result in sanctions and, in some instances, hefty fines.
Nomination Application
The second stage of the subclass 494 visa is for the employer to nominate an occupation that they genuinely need to be filled by the foreign worker. In this stage of the 494 visa, the employer must show that they have attempted to source local labour market (unless exempted), that the position is genuine, full-time, and likely to exist for at least 5 years, and provide guaranteed earnings to the nominee that is in line with the Australian market salary rate or $53,900 per annum, whichever is higher.
The position must also be located in the designated regional area.
For Employer Sponsored stream, the nominated occupation for the subclass 494 visa must also be one that is listed in the relevant occupation list published by the Government.
Visa Application
The third and last stage of the 494 visa is for the visa applicant, or the proposed employee, to demonstrate that he/she possesses the relevant qualifications, skills, and work experience that fits the genuine need of the employer/nominator.
For subclass Skilled Employer Sponsored Regional 494 visa, it is also mandatory for visa applicants to obtain positive skills assessment from the relevant assessing authority, although some exemptions are available. For most occupations, the skills assessment cannot be older than 3 (three) years, unless stated otherwise.
Other 494 visa requirements that the applicant must satisfy, for instance, are that they must:
- Be under 45 years old (unless exempt)
- Have at least 3 years of relevant work experience
- Genuinely intend to work in the nominated position
- Meet English, health, and character requirements
What Does the Subclass 494 Visa Allow You to Do?
494 visa can be granted for 5 years, and the holder can be eligible for permanent residency after 3 years since holding the visa subclass 494 and continue working and living in the designated regional area.
When in effect, it allows the visa 494 holder to work full-time in the designated regional area. There are restrictions, however, for subclass 494 visa holder to apply for further visa within the first 3 years of holding the 494 visa.
Dependents on visa subclass 494 can work and study without restrictions.
Applying as a Subsequent Entrant Under the Visa Subclass 494
If the 494 visa applicant has a partner or children, they can lodge a combined visa application at the same time. However, it is often the case that the primary visa applicant has a partner when he/she has been granted the subclass 494 visa. In this instance, the dependent can lodge a separate, new 494 visa as a subsequent entrant.
The requirement is to demonstrate that the dependent is a spouse, de facto partner, or child of the primary visa holder. The sponsor (employer) must also agree to extend their subclass 494 sponsorship to the family member(s) of the primary visa holder.
Subclass 494 Visa Frequently Asked Questions
I have found a new sponsor in regional area and I’m currently holding the TSS visa, can I apply for the 494 visa?
Yes, you can apply for a subclass 494 visa while holding your TSS visa. However, this must be done timely and promptly if your sponsor for 494 visa is not associated with your TSS sponsor.
I am over the age of 50 years old; can I still apply for this visa?
No, unfortunately, there is an age limitation of 45 years old to apply for visa subclass 494, though there are exemptions available.
I am currently holding the subclass 494 visa and I would like to apply for a general skilled visa independently, as my points are very high
No, you cannot be granted the skilled independent visa if you have not been holding your subclass 494 visa for at least 3 years.
I am currently overseas and have found a sponsor in regional area of NSW, can I lodge my 494 applications offshore?
Yes, you can either be offshore or onshore when lodging this subclass 494 visa.
I am currently holding the subclass 494 visa and it is due to expire, can I apply for the 494 visa to extend?
Yes, you can apply for a further subclass 494 visa if you wish.