Regional Employer Sponsored Visa (Subclass 494)
Visa Overview: Skilled Employer Sponsored Regional (Provisional) Subclass 49
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Introduced to replace the Subclass 187 (RSMS) visa on November 16, 2019, the Subclass 494 visa allows regional Australian employers to sponsor overseas workers to work in positions that are not able to be filled by Australian labour and likely to exist for at least 5 years.
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As a 5-year provisional visa, Employer Sponsored Regional visa (Subclass 494) visa is two-step permanent residency (through permanent Subclass 191 visa), which is similar to Subclass 482 (TSS) visa.
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You may include your family in your visa application so your entire family can migrate together.
Two Streams of the Regional Employer Sponsored Visa (Subclass 494)
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Employer Sponsored stream – this applies if applicants:
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have an occupation on the Occupation List for Subclass 494 Visa
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have 3 years of work experience in the nominated occupation;
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Labour Agreement stream – this applies if:
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standard visa programs are not available, for example, because of an applicant’s low English proficiency
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employer must first negotiate a labour agreement with Commonwealth/state government
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terms and conditions of the labour agreement are flexible and negotiable, allowing for concessions and lower visa requirements
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Eligibility Criteria for the Regional Employer Sponsored Visa (Subclass 494)
For employer:
Be located in a designated regional area, which is defined as anywhere except Sydney, Melbourne and Brisbane
Be a lawfully operating business with no adverse information unless exempt
Obtain approval from Regional Certifying Body (RCB)
Demonstrate a genuine need for a full-time position which is like to exist for at least 5 years
Establish the position cannot be filled by an Australian citizen or permanent resident through Labour Market Testing (the position must be advertised strictly in accordance with migration law)
Become a standard business sponsor
Pay the nominee (applicant) at least annual market salary rate (AMSR) which must not be lower than $76,515 + superannuation
Ensure the employment conditions that will apply to the nominee are not less favourable than those that apply/would apply to an Australian worker performing equivalent work at the same location.
Pay Skilling Australians Fund (SAF) levy
For applicant:
The nominated occupation is on Occupation List for Subclass 494 Visa
Aged under 45 unless exempt
Have competent English (please note certain occupations, such as Accountant, are required to have a higher level of English proficiency)
Obtain a positive skills assessment unless exempt
Have at least 3 years of full-time (or equivalent part-time) experience in the nominated occupation (pleae note higher experience, such as 12 months of full-time or equivalent part-time experience in the nominated occupation in the last 3 years, is required for certain occupations by skills assessing authorities)
have relevant qualification and registration/licence (if applicable)
Meet health and character requirements
Sponsorship Obligations:
- Ensure the visa holder works only in the nominated occupation
- Ensure the visa holder is paid at least the same salary as Australian employee working in the same occupation
- Tell the Immigration if there is a change to the legal name, trading name, registration details business structure, owners or business address
Application Process:
Step 1 – Sponsorship application
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the employer must apply to become a standard business sponsor.
Step 2 – Regional Certifying Body (RCB) application
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the employer applies to obtain RCB endorsement in relation to the genuineness of the position
Step 3 – Nomination application
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the employer nominates the applicant to fill a full-time position.
Step 4 – Skills assessment application
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the applicant must obtain a positive skills assessment
Step 5 – Visa application
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the applicant lodges the Subclass 494 visa application.
Processing Time:
5 to 6 months – Please contact us for update as processing time constantly varies.
Visa Conditions:
- Become eligible for permanent residency (Subclass 191 visa) after living and working in a regional area for 3 years
- Can’t apply for Subclass 820 visa or skilled migration visa
- Can switch employers but must find a new employer within 90 days
Duration of Stay:
This visa is valid for 5 years.
Fees and Costs:
You may include your family in the application so your family can migrate to Australia together.
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Sponsorship application fee: $420
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Nomination application fee: $360
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RCB application fee varies depending on RCB
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Skilling Australian Fund levy:
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$3000 (if annual turnover is less than $10m); or
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$5000 (if annual turnover is over $10m)
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Application fee for visa – First Instalment:
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Main applicant: $4240
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Each secondary applicant aged 18 or over: $2120
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Each secondary applicant under 18: $1060
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Application fee for visa – Second Instalment: this applies if any applicant at least 18 is assessed as not having functional English at the time of application
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Main applicant: $9800
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Each secondary applicant: $4890
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Please note: you may incur third-party charges, for example, for translation, skills assessment, English test, police certificate and health exam.
Benefits and Pathway to PR
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Lower cost to the employer: there is only one SAF levy for the Subclass 494 nomination whereas there will be two for permanent residence pathway from Subclass 482 visa through to Subclass 186 visa.
As the holder of this visa, you may:
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migrate to Australia together with your family
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apply for permanent residency in as soon as 3 years through Subclass 191 visa if eligible without having to be sponsored again
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stay in Australia for 5 years
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potentially bring your extended family members to Australia permanently on parent visa or visa intended for other relatives
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travel overseas and back to Australia without any limitations for any purposes (e.g. overseas holiday, visiting family and/or attending family matters in home country)
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access Australia’s public health care scheme (Medicare) which essentially provides free medical consultations, operations and hospitalization for a wide range of medical conditions
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work in Australia full-time
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study in Australia without any limitations
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attend free English language course provided by Australian government
FAQ
What’s the advantage of Subclass 494 visa compared to Subclass 482 visa and 186 visa?
Certain occupations are only eligible for Subclass 494 visa.
Is Regional Certifying Body (RCB) advice mandatory?
Yes, RCB advice is compulsory.
Can I move from one regional area to another?
Yes, as long as you always stay and work in a regional area (anywhere except Sydney, Melbourne and Brisbane).
Can I apply if my experience is part-time?
Yes, as long as it is equivalent to at least 3 years of full-time experience.
Can I apply for an extension?
No, but you will be eligible for permanent residency after 3 years, meaning you will most likely not need an extension.
