Australia Skilled Employer-Sponsored Regional Visa (Subclass 494): Application Guide

    Australia Skilled Employer-Sponsored Regional Visa (Subclass 494): Application Guide

    Learn how to apply for the Australia Skilled Employer-Sponsored Regional Visa (Subclass 494). Understand the eligibility requirements, application process, document checklist, and more for this sponsored work visa aimed at filling labour shortages in regional Australia.

    Subclass 494 Requirements, Eligibility, Application Process, and Guidelines

    The Subclass 494 visa is a sponsored work visa designed for skilled foreign workers. It enables Australian employers to sponsor qualified employees to address labour shortages in specific regions.

    To be eligible for this visa, you must possess the necessary skills and qualifications, and the position you are nominated for must not be fillable by an Australian worker.

    Streams Available Under Employer-Sponsored Regional Visa 494

    There are three distinct streams under the Subclass 494 visa, each catering to different needs:

    1. Employer-Sponsored Stream: This stream allows your employer to nominate you for any job listed on the skilled occupation list. You can review the complete list here.
    2. Labour Agreement Stream: This stream is applicable if your employer is part of a labor agreement with the Australian government, making it easier for you to secure a visa when other options are limited.
    3. Subsequent Entrant: This stream is for family members who wish to join you in Australia after your 494 visa has been granted. They can apply later under this stream.

    Required Documents for Visa 494 Application

    When applying for the Subclass 494 visa, ensure you have the following documents ready:

    • Identification Card
    • Skill Assessment and Qualifications
    • Proof of Competent English Language Proficiency
    • Character Documents

    If you plan to bring your spouse or partner:

    • Identity documents
    • Marriage certificate
    • Divorce papers (if applicable)
    • Proof of registered relationship
    • Evidence of functional English proficiency

    For other family members:

    • Identity documents
    • Character documents
    • Proof of relationship (if applicable)
    • Evidence of dependency (if applicable)
    • Form 47a

    Additional forms that may be required:

    • Form 956
    • Form 956a

    Read also: Australian Temporary Skill Shortage Visa (Subclass 482)

    Employer’s Document Checklist for Nominating a 494 Visa

    Employers must submit the following documents when nominating an employee for a Subclass 494 visa:

    • Identity Documents: Full name, date of birth, transaction reference number, visa grant number, and other relevant documents must be provided.
    • Employment Contract: A signed contract between you and your employer is required, unless exemptions apply.
    • Proof of Labour Market Testing: Employers must demonstrate that the position could not be filled by an Australian citizen by providing evidence of job advertisements.
    • Evidence of Genuine Position: Proof that the nominated position is legitimate, including a clear description of duties and responsibilities.
    • Labour Agreement Documents: Necessary if the employer is part of a labor agreement and the application is under the labor agreement stream.

    Eligibility Criteria for Subclass 494 Visa

    To qualify for a Subclass 494 visa, you must:

    • Be under 45 years old at the time of application, with some exemptions available.
    • Be nominated by an eligible Australian employer.
    • Possess relevant skills and experience for the nominated position.
    • Have a positive skills assessment, unless exempt in certain cases.
    • Be working under a labor agreement if applying under the labor agreement stream.

    Exemptions from Eligibility Requirements

    Certain exemptions apply to the Subclass 494 visa:

    • Age Exemption: You may be exempt from the age requirement if:
      • You are nominated for an academic position at an Australian university.
      • You are a healthcare worker with relevant experience and have been employed under a Subclass 457 or 482 visa for at least three years.
      • You are nominated by an Australian scientific agency or university for a specialist position.
      • You held a Subclass 444 or 461 visa for at least three years and worked for your employer for at least two years.
      • You previously held a Subclass 457 or 482 visa and have worked for the same employer for at least three years, earning an annual salary of at least AUD158,500.
    • Skills Assessment Exemption: You are exempt if:
      • You already hold a Subclass 457 or 482 visa and have previously undergone a skills assessment.
      • You are nominated for an academic position.
      • You hold a Subclass 444 or 461 visa.

    Sponsor Eligibility for Subclass 494 Visa

    Your sponsor must meet specific criteria to nominate you for a Subclass 494 visa:

    • They must be a standard business sponsor or have applied to become one (see the eligibility criteria).
    • They must provide evidence that no Australian employee could fill the position.
    • They must ensure they can pay you at least AUD250,000 or demonstrate the ability to meet the required annual salary rate.
    • They must pay the Skilling Fund Levy, which varies based on the business size and employment duration.
    • A current labor agreement must be in place if applying under the labor agreement stream.

    Application Process for the Subclass 494 Visa

    To apply for a Subclass 494 visa, follow these steps:

    1. Nomination by Sponsor: Your sponsor must first submit a valid nomination via the ImmiAccount, and they will receive a transaction reference number.
    2. Visa Application: Once the nomination is approved, you can apply for the visa through the ImmiAccount. Ensure you attach all required documents and pay the application fee, including the transaction reference number from your sponsor.

    Validity and Costs of the Subclass 494 Visa

    The Subclass 494 visa is valid for five years and cannot be extended. However, after three years, you may be eligible to apply for permanent residence if you meet the criteria. The visa application fee is AUD4,045, with additional fees for family members. For each family member over 18 without functional English proficiency, an additional AUD4,890 is required.

    Bringing Family Members on a Subclass 494 Visa

    Family members can accompany you on a Subclass 494 visa. If they cannot apply with you, explain the reasons in your visa application. Family members can also join you later by applying for a subsequent entrant visa.

    Studying with a Subclass 494 Visa

    You are permitted to study in Australia while holding a Subclass 494 visa, but only in designated regional areas.

    Regional Work Restrictions with a Subclass 494 Visa

    The Subclass 494 visa restricts you to working in regional Australia, which excludes major cities such as Sydney, Melbourne, and Brisbane.

    Pathway to Permanent Residence with a Subclass 494 Visa

    After holding the Subclass 494 visa for three years, you may be eligible for permanent residence. However, if you have held the visa for less than three years, you cannot apply for certain visas, including:

    • Business Talent (Subclass 132)
    • Employer Nomination Scheme (Subclass 186)
    • Business Innovation and Investment Provisional (Subclass 188)
    • Skilled Independent (Subclass 189)
    • Skilled Nominated (Subclass 190)
    • Distinguished Talent (Subclass 858)
    • Partner Visa (Subclass 820)

    Conditions for Subclass 494 Visa Holders

    Upon being granted the visa or entering Australia, you must begin work within 90 days. Employment is limited to the nominating employer and must be in regional Australia. You and your family members are required to adhere to all Australian laws and regulations during your stay.

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