Skilled Employer Sponsored Regional Visa (494) | PV Lawyers

Overview

The Skilled Employer Sponsored Regional visa (subclass 494) is a temporary visa for skilled workers sponsored by employers in regional Australia. This visa is designed to address skill shortages in regional areas and provides a pathway to permanent residence.

The 494 visa allows you to live and work in regional Australia for up to five years. After working in the region for the required period, you may be eligible to apply for permanent residence through the Skilled Regional visa (subclass 191).

This visa is part of the Australian Government's commitment to supporting regional development and ensuring employers outside major cities can access the skilled workers they need.

Regional Areas

The 494 visa requires you to live and work in a designated regional area of Australia.

What is a regional area?

Regional Australia includes all areas outside Sydney, Melbourne, and Brisbane. This encompasses major regional cities such as Perth, Adelaide, Gold Coast, Newcastle, Canberra, and many other locations across Australia.

Regional requirements

While on the 494 visa, you must live, work, and study only in regional areas. This is a condition of your visa, and breaching this condition can have consequences for your visa status and future applications.

Benefits of regional living

Regional Australia offers a different lifestyle to the major metropolitan areas, often with lower living costs, less congestion, and strong community connections. Many regional areas have thriving economies with strong demand for skilled workers.

Key Requirements

To be eligible for the Skilled Employer Sponsored Regional visa, both the sponsoring employer and the visa applicant must meet specific requirements.

Employer requirements:

Be an approved sponsor operating in regional Australia
Demonstrate a genuine need for the nominated position in a regional location
Meet labour market testing requirements where applicable
Pay market salary rates and comply with Australian workplace laws

Applicant requirements:

Have a valid nomination from an approved sponsor for a position in regional Australia
Have the skills, qualifications and experience required for the nominated occupation
Have a positive skills assessment from the relevant assessing authority
Be under 45 years of age at time of application
Have competent English language ability
Meet health and character requirements

Requirements are similar to other employer-sponsored visas, with the additional requirement that both the employer and the position must be genuinely located in regional Australia.

Visa Streams

The Skilled Employer Sponsored Regional visa has two streams:

Employer Sponsored Stream

For workers sponsored by an employer who is approved as a Standard Business Sponsor. This is the most common stream and follows a similar process to other employer-sponsored visas.

Labour Agreement Stream

For workers sponsored under a labour agreement between an employer and the Australian Government. The specific terms and conditions are determined by the relevant agreement.

The stream you apply under will depend on the arrangements your employer has in place.

Pathway to Permanent Residence

The 494 visa provides a pathway to permanent residence through the Skilled Regional visa (subclass 191).

Eligibility for the 191 visa

To be eligible for the 191 visa, you must have held a 494 visa for at least three years and have complied with the conditions of your visa, including living and working in regional Australia.

Income requirement

You must demonstrate that you have earned a taxable income at or above a specified threshold for at least three years. This threshold is set by the Government and is indexed annually.

No employer nomination required

Unlike the 186 visa pathway, the 191 visa does not require nomination by an employer. Once you meet the eligibility requirements, you can apply independently.

Planning your pathway

It is important to understand the requirements for permanent residence from the outset and ensure you meet the conditions during your time on the 494 visa.

Visa Conditions

The 494 visa comes with conditions that you must comply with throughout your stay in Australia.

Regional requirement

You must live, work, and study only in regional Australia. This is a mandatory condition that applies throughout the life of your visa.

Work for your sponsor

You must work for your sponsoring employer in the nominated occupation. If your employment ends, you have a limited period to find a new sponsor or make other arrangements.

Notification requirements

You must notify the Department of Home Affairs of changes to your circumstances, including changes to your employment, address, or contact details.

Breaching visa conditions can affect your ability to obtain permanent residence. It is important to understand your obligations and seek advice if your circumstances change.

How We Can Assist

The Skilled Employer Sponsored Regional visa involves requirements for both employers and visa applicants, with the additional complexity of regional requirements.

Our services include:

Assessing eligibility for the 494 visa
Advising employers on sponsorship and nomination requirements
Advising on regional area requirements and compliance
Preparing and lodging nomination applications
Preparing and lodging visa applications with comprehensive supporting documentation
Responding to requests for further information from the Department
Advising on the pathway to permanent residence through the 191 visa

Every case is different. Contact us to discuss your specific circumstances and how we can assist with your 494 visa application.

Frequently Asked Questions

Regional Australia includes all areas outside Sydney, Melbourne, and Brisbane. This includes major cities such as Perth, Adelaide, Gold Coast, Newcastle, Canberra, Hobart, and Darwin, as well as smaller regional towns.

No. A condition of the 494 visa is that you must live, work, and study only in regional areas. Moving to Sydney, Melbourne, or Brisbane would be a breach of your visa conditions.

After holding a 494 visa for at least three years and meeting the income threshold requirements, you can apply for the Skilled Regional visa (subclass 191) for permanent residence. This does not require employer nomination.

Yes, you generally need a positive skills assessment from the relevant assessing authority for your nominated occupation. This confirms you have the skills and qualifications required.

Yes, you can change employers, but your new employer must be an approved sponsor with a position in regional Australia and must lodge a new nomination for you. You must continue to work in regional Australia.

Skilled Employer Sponsored Regional Visa (Subclass 494)