Skilled Employer Sponsored (494) – Regional

The Skilled Employer Sponsored (Regional) 494 visa allows employers located in regional Australia to sponsor overseas workers to live, work and study in regional Australia on a temporary basis. This visa is designed to assist employers who are unable to meet their skilled Australian workforce needs from the local labour market. It is valid for 5 years. After 3 years, it is possible to apply a Permanent Residence (Skilled Regional) – 191 visa if the applicant has complied with the conditions on the 494 visa and meets the set taxable income requirements.

Note: The Permanent Residence (Skilled Regional) – 191 visa does NOT require an employer sponsor.

The legal definition of what constitutes ‘regional Australia’ has been simplified and now includes all of Australia except metropolitan Melbourne, Sydney and Brisbane. Perth and the Gold Coast are defined as regional Australia.

1. The Sponsoring Business (SBS)

Once approved, a SBS will be valid for 5 years, permitting the business to nominate multiple people for the 482/494 visa program. Australian businesses who are already approved as sponsors for the 457/482 visas will be able to use their existing sponsorship to nominate for the new 494 visa.

The business seeking to employ you must:

• be actively and lawfully operating in Australia

• have undertaken ‘Labour Market Testing’ (LMT) i.e. attempted to recruit a suitably skilled and qualified Australian to work in the nominated position. The position must have been advertised within the last 4 months.

• have the financial ability to meet its sponsorship obligations

Evidence provided in support of LMT must meet strict criteria regarding the location, type and content of advertisement.  Please contact us for advice.

Certain sponsors may be able to apply for accredited status, which enables them to receive priority processing for all 482/494 nomination and visa applications. Please contact us to check if your sponsor may be eligible for accreditation.

2. Nominated Position

The position to be filled must:

• be a genuine position, full-time position

• be in the sponsor’s business (or that of an associated entity), and be subject to a written contract of employment (unless exempt from this requirement).

• have a base salary of more than AUD 70,000 per year (excluding any non-monetary benefits) AND at least the annual market salary rate (AMSR) for your nominated occupation (salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location.

• be subject to terms and conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location.

• Pay the Skilling Australian Fund Levy for each nomination (revenue of less than 10m, a one-off, upfront payment of $3000 per nominee).

• the Regional Certifying Body for the area has certified the market rate salary

• the role is available for at least 5 years

3. Visa Applicant

As the visa applicant, you must:

• have skills (qualifications and/or work experience) that match those required for the nominated position. A formal skill assessment will need to be obtained, which must be commenced prior to lodging the visa application. Please contact us for further details based on your particular circumstances

• have at least three years of full-time experience (or the part-time equivalent) in your nominated occupation (or a closely related field)

• aged between 18 and 44 (limited exemptions)

• genuinely intend to work in the nominated position

• meet any mandatory licensing, registration or professional membership requirements

• have Competent English (dependent family members over 18 years of age must have Functional English).

• meet the relevant health and character criteria