Subclass 494 Skilled Employer Sponsored Regional (Provisional) Visa: Eligibility, Benefits, and Application Process

Living in regional Australia can offer a rewarding lifestyle and, for eligible workers, a clear pathway to long term residence through the Subclass 494 Skilled Employer Sponsored Regional visa. The Subclass 494 visa allows an organisation to sponsor, nominate and employ an eligible worker in a designated regional area for up to five years.

An organisation may sponsor a worker under the Employer Sponsored stream where it is an approved Standard Business Sponsor, or under the Labour Agreement stream where it has secured the relevant labour agreement approval. Importantly, a Subclass 494 visa holder may be eligible to apply for permanent residency independently of their employer through the Subclass 191 Permanent Residence (Skilled Regional) visa, provided they have held the 494 visa for at least three years, complied with visa conditions, and met minimum taxable income requirements, along with other prescribed criteria.

Align Law are premium skilled migration lawyers in Australia. In this article, we outline who may be eligible for the Subclass 494 visa, the key benefits of the visa, and the practical steps involved in preparing and lodging a compliant application.

What is a Subclass 494 Skilled Regional Visa?

The Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa allows an organisation to sponsor, nominate and employ an eligible worker in a designated regional area for up to five years. This visa has two application streams:

• Employer Sponsored stream: available where the organisation is approved as a Standard Business Sponsor (this is the primary and most common pathway).
  
• Labour Agreement stream: available where the organisation has secured an approved labour agreement that permits nominations under the Subclass 494 program.

The Subclass 494 visa is granted for five years and is subject to an annual program cap of 10,000 places. To be eligible, an applicant must be sponsored by a regional employer for an eligible position in an eligible location.

Eligible locations include:

• All of Western Australia
  
• South Australia
  
• Tasmania
  
• Northern Territory
  
• ACT
  
• Regional New South Wales
  
• Regional Victoria
  
• Regional Queensland

For Subclass 494 purposes, the following cities are classified as “regional”: Perth, Adelaide, Gold Coast, Sunshine Coast, Newcastle, Wollongong, Geelong and Canberra. The visa does not cover work in the metropolitan areas of Melbourne, Sydney and Brisbane.

Importantly, a Subclass 494 visa holder may be eligible to apply for permanent residency independently of their employer by way of a Subclass 191 Permanent Residence (Skilled Regional) application (a pathway introduced on or after 16 November 2022), provided they have held the Subclass 494 visa for at least three years, complied with visa conditions, met minimum taxable income requirements, and satisfied other prescribed criteria.

Potential employers who are sponsoring someone for this visa also must have their nomination approved by a Regional Certifying Body (RCB) to confirm if the role is needed and to be filled by an immigrant.

What Eligibility is Required

Someone looking to work under the five (5) year 494 visa must be sponsored by an approved regional employer who operates in an approved regional location. This employer must be an approved Standard Business Sponsor, which means they must be a business that is lawfully operating, financially sound and actively functioning within Australia.

The applicant must be under 45 years of age, unless an exemption has been granted. Exemptions may apply for fair work high income threshold , academics such as university lecturers, specialised science roles and researchers or specialised regional medical practitioners.

The occupation being sponsored must be on the relevant skilled occupation list. In practice, many regional employers sponsor roles in sectors experiencing ongoing skills shortages, including the following in demand occupations and examples:

• Healthcare and Community Services: Registered Nurses, Aged and Disabled Carers, Child Carers, Social Workers, and a range of Allied Health Professionals (including many nursing and medical roles).
  
• Engineering and Technical: Civil Engineer, Mechanical Engineer, Electrical Engineer, Engineering Managers, and Aeronautical Engineer (ANZSCO 233911) and Agricultural Engineer (ANZSCO 233912).
  
• Trades and Construction: Electricians, Plumbers, Carpenters, Welders, and Motor Mechanics, noting that many trade occupations are regularly sponsored in regional areas.
  
• Information Technology (ICT): Software and Applications Programmers, Cybersecurity Specialists, and ICT Managers.
  
• Agriculture and Management: Agriculture Technicians, Dairy and Beef Cattle Farmers, Child Care Centre Manager (ANZSCO 134111), and Construction Project Managers.

Eligibility will depend on the specific ANZSCO occupation, the relevant occupation list and any associated requirements (including skills assessment or licensing where applicable), as well as whether the nominated position and location meet Subclass 494 criteria.

The person applying for this visa type must have at least 3 years experience in the role they are applying for.

On top of this, there is a skills assessment that will be required by the applicant.

English skills must be considered ‘competent, IELTS 6.0 in each component.

And as already mentioned above, the location of the job you are applying for must be in a designated regional area.

The documentation required by an applicant include:

• A valid passport and identification documentation.
• Skills assessment for your nominated occupation.
• Evidence of at least 3 years working experience.
• English Language Test results.
• Police check certification.
• Employer nomination documents.
• Educational qualifications if relevant.

Benefits of Applying for a 494 Skilled Employer Sponsored Visa

This is a 5 year visa, which is a good amount of time to be living and working in Australia. During your time on this visa you can apply for permanent residency through the Permanent Residence (Skilled Regional) visa, (subclass 191). You can apply for this visa after 3 years on the 494.

You are able to include family members on this application, great for married couples with children or parents you would want to bring to Australia.

Another benefit while on this visa is access to healthcare through the Medicare system.

Application Process

The process of getting a 494 Skilled Employer visa can take a while to complete. The sooner you and your employer start, the better.

The first step in the process is that your employer needs to apply to become an approved standard business sponsor (SBS), or enter a labour agreement. This requires the business to demonstrate they are operating legally.

The application is submitted via their ImmiAccount. This costs the employer around $420 and can take a few months to process.

The second step is, once the employer has been approved, they need to nominate an occupation from the relevant Regional Occupation List. They must also prove the position is in a designated regional area.

The third step is the nomination. The employer nominates the applicant, ensuring they fit all the above criteria including 3 years experience and not above the maximum age limit.

The final step is the applicant submits their visa application, and they must meet all the health, character and skill requirements to be successful.

The application can cost around $4,910, for the main applicant. Additional costs for family members include $2,455 for the family members over the age of 18, and $1,230 for family members under the age of 18. There could be an additional charge of $9,800 for dependents who do not have functional English.

The processing time can take up to 12 months. Once successful, you will have a visa that is valid for 5 years.

Align Law is your premier skilled migration visa lawyer in Australia. We are here to help both employers and hopeful immigrants navigate the complicated world of 494 Skilled Employment visas. Our team is incredible at helping review documentation and providing solid advice on the requirements.

We offer our highly qualified support to employers and businesses to sponsor international employees. We comply with immigration laws and explain your obligations as the sponsor. We handle the fine details so you don’t have to.

Get in touch with us today to learn how our team can help your business find the right people for the right job, with the correct visa.

FAQ

Q: Is the Subclass 494 visa a permanent or temporary visa?

The Subclass 494 is a temporary (provisional) visa that allows you to live, work and study in designated regional areas of Australia for up to 5 years. Although it’s temporary, it’s designed as a stepping stone to permanent residency.

Q: Can the Subclass 494 visa lead to permanent residency in Australia?

Yes, the 494 visa provides a pathway to permanent residency through the Subclass 191 (Permanent Residence Skilled Regional) visa after you have held your 494 visa for at least 3 years. To qualify for the 191 visa, you must have worked with your sponsoring employer and lived in the designated regional area for at least three years, and show taxable income of at least $53,900 annually for that three-year period. A key advantage is that you don’t need employer sponsorship to apply for the Subclass 191.

Q: How long does the Subclass 494 visa application process typically take?

Processing times vary by stream: the Employer Sponsored stream may take around 7 months, while the Labour Agreement stream may take around 8 months. More specifically, 90% of Employer Sponsor Stream applications are processed within 14 months, and 90% of Labour Agreement Stream applications are processed within 6 months. However, these are indicative timeframes only. Actual processing times depend on factors such as application completeness, document authenticity, response times to additional requests, and the overall number of applications being processed.

Q: Can Align Law help if my Subclass 494 visa application is refused?

Yes, absolutely. Based on the website content, Align Law provides comprehensive assistance with visa refusals, cancellations, and appeals. They offer expert legal representation for individuals involved in sponsorship visa cancellations and refusals, representing clients in administrative reviews and appeals. Their experienced immigration lawyers can help you understand your options and rights if your 494 visa application is refused, and can advocate for your case through the appeals process.

Q: Do I need to visit your Melbourne office in person, or can you assist clients remotely?

Based on Align Law’s service model, they can assist clients remotely. The website states they serve clients across Melbourne, Sydney, Brisbane, and beyond, with offices in Melbourne, Sydney, and Hong Kong. They provide comprehensive immigration law services to clients throughout Australia, suggesting they offer remote consultations and support. You can contact them at +61 03 7036 6726 or through their online contact form to discuss your specific needs.

Q: Can you help with labour agreements and what are they?

Yes, Align Law can assist you with labour agreements. Labour agreements are formal arrangements between the Australian Government and employers that allow them to sponsor overseas workers in occupations or circumstances that don’t fit within standard visa programs.

Align Law assists with several types of labour agreements:

• Company Specific Labour Agreements – tailored agreements for individual businesses.
• Designated Area Migration Agreements (DAMA) – regional agreements covering specific geographic areas.
• Global Talent Employer Sponsored (GTES) agreements – for businesses in high-growth sectors.
• Industry Labour Agreements – covering entire industry sectors.
• Project Agreements – for specific large-scale projects.

They offer comprehensive legal services to ensure seamless and efficient execution of labor agreements.