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Skilled Employer Sponsored Regional (Provisional) 494 Visa
The Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494) is designed to address skill shortages in regional Australia by allowing businesses to sponsor skilled workers from overseas. This visa offers a pathway to permanent residency for individuals who commit to living and working in regional areas for at least three years.
Key Features of the 494 Visa
The Subclass 494 visa offers a temporary visa for skilled workers that is valid for five years. The primary focus of the visa is to support regional employers in filling critical skill gaps that cannot be addressed by the local workforce. Importantly, it provides a direct pathway to permanent residency after meeting certain conditions.
Employer Sponsored Stream
- For skilled workers who are sponsored by an approved employer in regional Australia.
- The employer must nominate the worker for an occupation listed on the relevant skilled occupation lists.
Labour Agreement Stream
- Available to employers who have a labour agreement with the Australian government, allowing more flexibility in sponsoring skilled workers, including those in occupations not on the standard lists.
Eligibility Requirements
Both the employer and the employee must meet specific criteria to apply for the Subclass 494 visa:
- Must be an approved Standard Business Sponsor (SBS) or have a valid labour agreement.
- Must provide a written contract of employment unless exempt
- Must show employment conditions that are equivalent to Australian workers performing equivalent work at the same location
- Must demonstrate a genuine need for the nominated position and prove that they could not fill it with local workers.
- The position must be located in a designated regional area.
Employer Requirements:
- Must be an approved Standard Business Sponsor (SBS) or have a valid labour agreement.
- Must provide a written contract of employment unless exempt
- Must show employment conditions that are equivalent to Australian workers performing equivalent work at the same location
- Must demonstrate a genuine need for the nominated position and prove that they could not fill it with local workers.
- The position must be located in a designated regional area.
Employer Requirements:
Pathway to Permanent Residency
To be eligible for permanent residency through the Subclass 191 Visa, 494 visa holders must:
Have lived and worked in a regional area for at least three years.
Complied with with the conditions of 494 visa
Meet the other eligibility criteria, including health, character, and continued employment.
Designated Regional Areas
Regional Australia includes areas outside of Sydney, Melbourne, and Brisbane. These areas are classified into two categories:
Cities and Major Regional Centres (e.g., Perth, Adelaide, Gold
Coast).
Regional Centres and Other Regional Areas (e.g., towns and rural
areas outside the major cities).
Labour Market Testing (LMT) for the 494 Visa
Before nominating a foreign worker, businesses are generally required to demonstrate that they have advertised the position locally and made genuine efforts to recruit Australian workers. Exceptions to this requirement may apply in certain circumstances, such as international trade agreements.
Who Should Apply for the 494 Visa?
Regional Employers: Businesses located in
regional Australia struggling to find skilled local workers can
benefit from the 494 visa to address labour shortages.
Skilled Workers: Individuals who want to work
in Australia and have skills in demand in regional areas can
apply, with the benefit of transitioning to permanent residency
after three years.
How Can We Help?
At Migration Pathfinders, we offer expert guidance through the entire process, from assessing eligibility to managing employer nominations and visa applications. We specialise in helping businesses and skilled workers navigate the complexities of the Australian immigration system and secure the visas they need. If you're interested in applying for the Subclass 494 visa, or if you're an employer looking to sponsor skilled workers, contact us today to get started!
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