Subclass 494 Visa — Skilled Employer Sponsored Regional Visa, Handled by O'Haire Legal

Skilled Employer Sponsored Regional (Provisional) Visa – Subclass 494

The Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa allows an approved employer in a designated regional area to sponsor an eligible skilled worker for a nominated occupation.

The visa can allow the holder to live in Australia for up to five years, work in the approved occupation, live, work and study in designated regional Australia, include eligible family members and potentially progress to permanent residence through the Subclass 191 pathway if the relevant requirements are later satisfied.

At O’Haire Legal, we assist both regional employers and skilled workers with Subclass 494 sponsorship, nomination and visa applications.

What is the Subclass 494 Visa?

The Subclass 494 visa is designed to help employers in regional Australia address skilled labour shortages.

The visa allows an eligible skilled worker to:

  • live in a designated regional area of Australia;

  • work for their sponsoring employer;

  • study in regional Australia;

  • travel to and from Australia while the visa remains valid;

  • include eligible family members in their application; and

  • potentially progress to permanent residence after satisfying the relevant requirements.

The visa is generally valid for five years.

Who Can Apply for a Subclass 494 Visa?

For the standard Employer Sponsored stream, an applicant will generally need to:

  • be nominated by an approved Australian employer;

  • be nominated for an occupation on the relevant skilled occupation list;

  • have the skills and qualifications required for the nominated occupation;

  • generally have at least three years of relevant work experience;

  • obtain a suitable skills assessment unless an exemption applies;

  • generally be under 45 years of age at the time of application unless an exemption applies;

  • have the required level of English;

  • satisfy health requirements;

  • satisfy character requirements; and

  • meet all other applicable visa requirements.

The requirements can differ depending on the occupation, applicant and stream, so eligibility should be considered before the employer commits to sponsorship.

How the Subclass 494 Process Works

A Subclass 494 application generally involves three stages:

1. Standard Business Sponsorship

The employer must generally be, or become, an approved Standard Business Sponsor.

2. Employer Nomination

The employer nominates the proposed position and skilled worker.

The nomination must satisfy detailed requirements relating to the business, occupation, position, salary, regional location and recruitment process.

3. Visa Application

The worker applies for the Subclass 494 visa and must satisfy the applicable visa criteria, including age, skills, experience, English, health and character requirements.

The nomination and visa application are linked. A strong visa application cannot succeed without a valid nomination, and an approved nomination does not guarantee the visa if the applicant does not satisfy the visa criteria.

Labour Market Testing

Labour Market Testing may be required before the nomination is lodged.

The employer may need to retain evidence such as:

  • job advertisements;

  • publication dates;

  • screenshots;

  • advertising invoices;

  • applications received; and

  • reasons Australian applicants were not suitable.

The uploaded nomination material identifies inadequate Labour Market Testing as a potential reason a nomination may fail.

Salary and Market Salary Requirements

The proposed employment must satisfy the applicable salary requirements.

This includes consideration of the Annual Market Salary Rate, guaranteed annual earnings and whether the overseas worker's terms and conditions are no less favourable than those provided to comparable Australian workers.

Regional Certifying Body

The employer will generally also need to obtain advice from the relevant Regional Certifying Body.

The uploaded material identifies Regional Certifying Body advice confirming that the nominee will be paid at least the applicable Annual Market Salary Rate as part of the nomination process.

Subclass 494 Visa Requirements for the Worker

The primary applicant under the Employer Sponsored stream must satisfy separate visa requirements.

These generally include:

  • being linked to an appropriate nomination;

  • satisfying the relevant age requirement or an exemption;

  • obtaining the required skills assessment or satisfying an exemption;

  • having the required work experience;

  • satisfying the English-language requirement;

  • holding required registration, licensing or professional membership;

  • satisfying health and character requirements;

  • genuinely intending to perform the nominated occupation; and

  • satisfying applicable public interest and special return criteria.

Subclass 494 Visa for Regional Employers

The Subclass 494 program may be suitable for regional employers who are unable to recruit suitably skilled Australian workers for genuine ongoing positions.

O’Haire Legal can assist employers with:

  • Standard Business Sponsorship;

  • assessing occupation eligibility;

  • reviewing occupation caveats;

  • Labour Market Testing;

  • genuine position evidence;

  • employment contracts;

  • salary and AMSR requirements;

  • Regional Certifying Body requirements;

  • Skilling Australians Fund requirements;

  • preparing and lodging the nomination; and

  • responding to Departmental requests for further information.

Subclass 494 Visa for Employees

O’Haire Legal can assist skilled workers with:

  • assessing Subclass 494 eligibility;

  • reviewing the nominated occupation;

  • age requirements and exemptions;

  • skills assessment requirements;

  • work experience;

  • English requirements;

  • registration and licensing requirements;

  • health and character matters;

  • family-member applications;

  • preparation and lodgement of the visa application; and

  • advice about visa conditions after grant.

Why Use O’Haire Legal?

Subclass 494 applications require the employer nomination and employee visa application to work together.

Problems with the employer's nomination can prevent the visa from succeeding, even where the employee otherwise satisfies the visa requirements.

Likewise, an approved nomination does not overcome a failure by the employee to satisfy the visa criteria.

O’Haire Legal assists with both sides of the process so that the sponsorship, nomination and visa application can be prepared consistently.

Subclass 494 Visa Lawyer Bendigo

O’Haire Legal assists employers and skilled workers in Bendigo and throughout regional Victoria with Subclass 494 matters.

We can assist businesses seeking to sponsor skilled employees and workers who have received an offer of employment from a regional employer.

FAQs

How long is a Subclass 494 visa valid?

1

A Subclass 494 visa may allow the holder to remain in Australia for up to five years.

Does a Subclass 494 visa lead to permanent residency?

2

It can potentially provide a pathway to the Subclass 191 visa if the applicant later satisfies the relevant requirements.

5

6

Do I need three years of work experience?

3

Applicants under the Employer Sponsored stream generally need at least three years of relevant full-time work experience at the required skill level unless an exemption applies.

Do I need a skills assessment?

4

Do I need an employer before I apply?

Generally yes for the Employer Sponsored stream unless an applicable exemption applies.

The skills assessment must satisfy the applicable Subclass 494 requirements.

Yes. The Subclass 494 Employer Sponsored stream requires an employer nomination linked to the visa application.

Does the position need to be full-time?

Yes. The employer nomination material requires the position to be full-time and likely to exist for at least five years.