Skilled Employer Sponsored Regional Visa
Subclass 494
What Is It?
This Visa is substituting the old 187 (RSMS) Visa and commenced on November 16, 2019. The 494 Visa has 9,000 places allocated per year and more than 700 eligible occupations. It is a 5-year temporary visa that requires employer sponsorship from a business located in a designated Regional Area of Australia.
The Application Process
After determining eligibility for both the business and employee, there are 4 stages they both have to go through during the application process
1. Approved Standard Business Sponsorship
Your employer must be an approved standard business sponsor by meeting sponsorship approval criteria. Approval is for a five-year period.
3. Nominate Position
Your employer must nominate a skilled position within their business as which is fulltime and need to be fulfilled by an overseas worker.
2. Regional Certifying Body Advice
The Employer must obtain advice from the Regional Certifying Body
4. Apply for the visa
Stage four of the process is the visa application itself, at which time the nominee must demonstrate that they meet the requisite skill level for their occupation, as well as health and character requirements.
Stay
Up to 5 years
Position
- A skilled position within their business that Is genuine, full time and likely to exist for five years
- Annual market salary rate (AMSR) must not be less than the Temporary Skilled Migration Income Threshold (TSMIT, currently $53,900)
- Terms and conditions must be no less favourable than for Australian employees
Employer requirements - Must be located in a designated regional area of Australia (excludes employers in Sydney, Brisbane and Melbourne)
- Have approval from the Regional Certifying Body (RCB) in your area,
- Contribute to the Skilling Australians Fund training levy
Employee requirements
- Must not have turned 45 at time of application
- Must have a skilled occupation on an applicable list
- Must have a valid and suitable skills assessment
- Must have been employed in the nominated occupation for at least 3 years on a full-time basis and at level of skill required for the occupation
- Must have competent English
Common Questions – Employer
How much is the Skilling Australians Fund (SAF Levy)?
For businesses with an annual turnover of less than $10m:
- An upfront payment of $3,000per nominee
For businesses will an annual turnover of more than $10m:
- An upfront payment of $ $5,000 per nominee
The revenue raised from these payments will go towards the training of Australian workers.
Common Questions – Employee
How long will the 494 Visa be valid for?
The visa validity period is 5 years.
What are the visa conditions?
Conditions will be imposed which will enforce the government’s intentions that visa holders live, work, and study only in regional areas (condition 8579) and if employer sponsored, only in the nominated position.
Visa holders can move between regional areas. Regional areas are defined as any area excluding Sydney, Melbourne and Brisbane.
Holders of the new provisional visas will also be unable to apply for most other skills-based visas in Australia unless they have completed at least three years in a designated regional area, unless exceptional circumstances exist.
What you can do with a 494 Visa?
The 494 is a provisional visa that allows you to live and work in Australia for up to 5 years in a regional area. You will have access to Medicare, include family members.
Potential pathways
494 Visa holders may apply to become a permanent resident. A new Subclass 191 Permanent Residence (Skilled Regional) visa will be available for those who would have held a Subclass 494 visa for at least 3 years, and who substantially complied with the conditions of the visa by having worked in a designated regional area for at least three years, and have met minimum taxable income requirements being at least $53,900 per annum for three years, whilst holding a 494 Visa.
The Subclass 191 visa will commence from 16 November 2022.
To transition to permanent residency, you must meet the requirements of the Subclass 191 Permanent Residence (Skilled Regional) available from November 2022.
Your partner can also be the main applicant for the 191 Visa if they can demonstrate this criteria. If you meet the criteria, you can apply for permanent residence without a second nomination stage.
Key takeaway
Regional Migration is the new way to migrate to Australia and this is underpinned by the Governments determination to support economic development and population growth in designated regional areas of Australia. A total of 9,000 places will be allocated to the 494 Visa program every year, Questra Immigration can help you get there.
Are you an employer?
We have years of experience helping employers sponsor permanent workers in regional Australia. Speak to one of our immigration specialists for how we can help.
Are you an employee?
Exciting employment opportunities are available in regional Australia for skilled workers. Contact us today to find out more.
