The Skilled Employer Sponsored Regional (Provisional) (subclass 494) Visa enables regional employers to address identified labour shortages within their region by sponsoring skilled workers where employers can’t source appropriately skilled Australian workers.
Subclass 494 Visa Streams
The subclass 494 visa is made up of two streams:
- The Employer Sponsored Stream; and
- The Labour Agreement Stream
Although both streams may have similar requirements and eligibility criteria, there are a number of distinctions between the two streams.
The Employer Sponsored Stream
Applicants of this stream must:
- Be nominated to work in an occupation on the relevant skilled occupation list
- Have at least three years relevant work experience in their nominated occupation
- Have a relevant skills assessment, unless exempt
- Work only for their sponsor or associated entity
- Be under 45 years of age, unless an exemption applies
- Meet minimum standards of English language proficiency
Holders of this visa can live, work and study only in designated regional areas of Australia for five years. Designated regional areas include all of Australia except for Sydney, Melbourne and Brisbane. If eligible, a subclass 494 visa holder can apply for permanent residence after three years from the time of the visa grant.
The Labour Agreement Stream
This stream is for skilled workers nominated by their employers who have a labour agreement. Labour agreements are formal contracts negotiated between the Australian Government and employers which allow overseas workers to be sponsored for a skilled visa, enabling them to work in Australia for a specified period in an approved occupation.
Subject to negotiations with the Australian Government, employers may be able to access certain ‘concessions’ relating to the nomination criteria or visa criteria. Concessions mean any variations to the requirements prescribed in the migration legislation relating to the age, skills, qualifications, work experience, level of English language proficiency, labour market testing, and salary required for the nomination and grant of a subclass 494 visa.
Similar to the Employer Sponsored stream, those sponsored under a Labour Agreement stream can live, work and study in their designated regional area of Australia for five years. If eligible, they can also apply for permanent residence after three years.
Applicants of this stream must:
- Be nominated to work in a specific occupation under the terms of the labour agreement
- Have at least three years relevant work experience in their nominated occupation
- Have a relevant skills assessment if specified in the labour agreement
- Work only for their sponsor
- Be under 45 years of age unless stated otherwise in the labour agreement, more commonly known as an age concession
- Meet minimum standards of English language proficiency
Subsequent Entrants
Family members usually apply for the same visa at the same time as the primary visa applicant. In some instances, this may not be possible. This may occur where the composition of the family changes after:
- the primary visa applicant has already submitted their subclass 494 visa application and a decision has yet to be made by the Department of Home Affairs; or
- a subclass 494 visa has already been granted to the primary visa holder
When this occurs, anyone wanting to join their family member on their visa must apply separately by submitting their own visa. This is known as subsequent entrant.
The Subsequent Entrant visa is for the family unit of a subclass 494 visa holder who is/are applying separately for their subclass 494 visa and wish to join the primary subclass 494 visa holder in Australia.
Holders of a subclass 494 Subsequent Entrant Visa can live, work and study in Australia in their designated region for up to five years.
Determining which subclass 494 visa stream to apply for can be confusing. Engaging the services of a registered migration agent will ensure you apply for the right subclass 494 visa stream to suit your circumstances.
To learn more about the Skilled Employer Sponsored Regional (Provisional) (subclass 494) visa, its different streams or any other aspect of migration, contact the team of experienced registered migration agents at Visa Solutions Australia. Book a consultation.
