Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494)

494 Visa – Skilled Employer Sponsored Regional (Provisional) visa

The subclass 494 visa lets skilled workers, who are nominated by their employer, live and work in designated regional areas of Australia for up to 5 years. Visa holders can apply for permanent residence via subclass 191 pathway after 3 years from the time visa is granted if the requirements are met.

494 visa requirementsAverage Processing Time 2021 – 2022

The current average processing time is as below:

  • subclass 494 visa (Employer Sponsored stream) is about 4 months for 75% of all the visa applications, and 5 months for 90% of all the visa applications.
  • subclass 494 visa (Labour Agreement stream) processing times are not available.

Individual processing time does vary based on the specific circumstances of the applicant and sponsor, as well as the quality of the application presented to the Department of Home Affairs. Many well-prepared applications are actually processed much faster and smoother than the average.

If you wish to have your visa application presented in the best quality and would like to ensure the application can be processed timely, we suggest you contact our experienced Registered Migration Agents to manage your files.

Information Sheet for 494 visa.

Subclass 494: Skilled Employer Sponsored Regional (Provisional) Visa

Subclass 494: Skilled Employer Sponsored Regional (Provisional) Visa is a temporary visa which allows overseas skilled workers to be nominated by Australian-based employer to live, work and/or study in designated regional areas of Australia for up to 5 years.

Visa Streams

  • Employer Sponsored Stream
  • Labour Agreement Stream

Stay Period

This is a provisional visa. You can stay in Australia for a period of 5 years from when your visa is granted.   If eligible, you can apply for permanent residence after you have held your 494 visa for 3 years. Unless you have held your subclass 494 visa for 3 years, holders of the subclass 494 visa are unable to:
    • Make a valid application for a subclass 820 (Partner) visa
    • Be granted any of the following visas:
      • Subclass 132 (Business Talent)
      • Subclass 186 (Employer Nomination Scheme)
      • Subclass 188 (Business Innovation and Investment (Provisional))
      • Subclass 189 (Skilled (Independent))
      • Subclass 190 (Skilled (Nominated))
      • Subclass 858 (Distinguished talent)

Apply from...

All applicants may be in or outside Australia, but not in immigration clearance, to apply and to be granted this visa.   Each applicant in Australia when applying for this visa must hold:
  • a substantive visa that meets criteria of relevant visa stream; or
  • a Subclass 010 Bridging A visa that meets criteria of relevant visa stream; or
  • a Subclass 020 Bridging B visa that meets criteria of relevant visa stream; or
  • a Subclass 030 Bridging C visa that meets criteria of relevant visa stream.
with no condition(s) attached to the visa that prevent the applicant from applying for this visa in Australia.
Before applying for Subclass 494 visa, the applicant's employer or potential employer must either has applied to be or has been approved as a Standard Business Sponsor.   In addition, the employer must have submitted a nomination or have the nomination approved before a Subclass 494 visa application can be made. Some criteria for nomination approval are outlined below:
  • Employer must be located in a designated regional Australia.
  • The position must be on the Medium and Long‑term Strategic Skills List or Regional Occupation List.
  • Labour Market Testing
  • Evidence proving the employer has attempted to fill the nominated position with a suitable Australian or Australian Permanent Resident are required unless exempted. Kindly consult us for evidence requirements.
  • Salary Requirements
  • If the nominee's annual salary will be less than AUD 250,000 (accurate as of the time of writing, subject to further changes), the employer will need to show correct "Annual Market Salary Rate (AMSR)" determination and ensure the nominee will not be paid less than the AMSR. The AMSR must not be less than the temporary skilled migration income threshold of AUD 53,900 (accurate as of the time of writing, subject to further changes). This requirement is to ensure 494 visa programs are not used to lower the cost of doing business and to undercut the Australian labour market. Kindly consult us for AMSR determination.
  • The position must be genuine, full-time, and likely be available for 5 years.
  • Employer will need approval from the Regional Certifying Body (RCB).
  • Employer needs to pay SAF (Skilling Australians Fund). For small businesses (annual turnover less than $10 million), the employer will need to pay AUD 3,000 one-off. For other businesses, the employer will need to pay AUD5000 one-off.
 
To make a valid application for Subclass 494 visa and/or be granted this visa, the following general criteria must be met:
Under 45 years old when applying for the visa
The primary applicant must be under 45 years old when applying for Subclass 494 visa. The applicant is exempt from this criteria if certain situations are met.
Be nominated by an approved sponsor
The primary visa applicant must be nominated by an employer whose business is lawfully operating in Australia. The applicant must be employed to work in the nominated occupation and in a position within the sponsoring business or an associated entity of that business, located in a designated regional area of Australia.
Have relevant skills, qualifications and work experience
The primary visa applicant must demonstrate that they have the skills, qualifications, and work experience necessary to perform the nominated occupation. They must obtain skills assessments to demonstrate this. If it is not mandatory for the applicant to undertake a skills assessment, they are still required to provide other evidence to demonstrate that they meet this requirement. They must have been employed in the nominated occupation for at least 3 years on a full-time basis and at the skill level required for the nominated occupation. Generally, they should have gained experience within the last 5 years. The period does not need to be continuous. The Department of Home Affairs might consider equivalent part-time work but not casual work.
Have Positive Skills Assessment
The applicant must obtaine positive skills assessment outcome for the nominated occupation from the relevant assessing authority. A list of assessing authorities relevant to each nominated occupation can be found in the Medium and Long-Term Strategic Skills List (MLTSSL) and the Short-Term Skilled Occupation List (STSOL). The skills assessment must be undertaken before the visa application is lodged. A skills assessment obtained for a Temporary Graduate visa (subclass 485) is not a valid assessment for this visa.
English Language Requirement
In order for the visa to be granted, the primary visa applicant must have competent English. Any other applicant (e.g.: secondary/subsequent applicant) aged 18 years old and above (at the time of application) must either have at least functional English or will be asked to pay for the second instalment of the visa application charge prior to visa grant.
The following people can apply for this Subclass 494 visa:
  • any person who met the eligibility criteria outlined in "Eligibility Criteria" tab on this page (hereinafter referred to as "the Primary Applicant");
  • the member of family unit of the Primary Applicant, e.g.: spouse/de facto partner and children who are still dependent on the Primary Applicant or the spouse/de facto partner of Primary Applicant (hereinafter referred to as "the Secondary Applicant").
Each applicant in Australia when applying for this visa must hold:
  • a substantive visa that meets criteria of relevant visa stream; or
  • a Subclass 010 Bridging A visa that meets criteria of relevant visa stream; or
  • a Subclass 020 Bridging B visa that meets criteria of relevant visa stream; or
  • a Subclass 030 Bridging C visa that meets criteria of relevant visa stream.

with no condition(s) attached to the visa that prevent the applicant from applying this visa in Australia.
The following condition(s) might be attached to this visa:

Condition 8515 - Must not marry or enter into a de facto relationship before entering Australia

If this visa is granted when the secondary applicant is outside Australia, the holder of this visa must not marry or enter into a de facto relationship before entering Australia.

This condition usually applies to secondary applicant(s) who are not married or in a de facto relationship and are still dependent on the primary visa applicant prior to visa grant. For example, child of primary visa applicant who is also a secondary applicant for this visa must not married or enter into a de facto relationship prior to entering Australia for the first time.

Breaching this visa condition will render the said visa with the condition 8515 subject to cancellation.

Condition 8578 - Notify the Department of Home Affairs for any changes in details

All visa holders must notify the Department of Home Affairs of a change to any of the following within 14 days after the change occurs:
  • residential address;
  • email address;
  • phone number;
  • passport details;
  • address of an employer;
  • address of the location of a position in which the visa holder is employed.


Condition 8579 - Live, work and/or study in a designated regional area of Australia

Subclass 491 visa holder must live, work and/or study only in a part of Australia that has already been recognised as a designated regional area at the time this visa was granted.

Condition 8580 - Provide evidence of living, working and/or studying in a designated regional area of Australia

If requested, the visa holder must provide evidence of any or all of the following, whenever applicable, within 28 days after the date of the request:
  • residential address;
  • address of each employer;
  • address of each location of each position in which the visa holder is employed;
  • address of an educational institution attended by the visa holder.


Condition 8581 - Must attend interview if requested in writing

If requested, in writing, by the Department of Home Affairs, the visa holder must attend an interview:
  • at a place and time specified in the request (for in person face-to-face interview); or
  • in a manner, and at a time, specified in the request (for phone or internet interview).


Condition 8608 - Must work only in the nominated occupation

  1. The primary visa holder must only work in the occupation nominated in the most recent Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa application.
  2. The primary visa holder cannot work in a different occupation unless they apply for and are granted a new Skilled Employer Sponsored Regional (Provisional) visa.

    However, certain nominated occupations are exempted from this restriction and the primary visa holder with the following ANZSCO occupations has the freedom to work for other employers or businesses without the need to lodged new nomination:
    • 111111 - Chief Executive or Managing Director
    • 111211 - Corporate General Manager
    • 253111 - General Medical Practitioner
    • 253112 - Resident Medical Officer
    • 253211 - Anaesthetist
    • 253311 - Specialist Physician (General Medicine)
    • 253312 - Cardiologist
    • 253313 - Clinical Haematologist
    • 253314 - Medical Oncologist
    • 253315 - Endocrinologist
    • 253316 - Gastroenterologist
    • 253317 - Intensive Care Specialist
    • 253318 - Neurologist
    • 253321 - Paediatrician
    • 253322 - Renal Medicine Specialist
    • 253323 - Rheumatologist
    • 253324 - Thoracic Medicine Specialist
    • 253399 - Specialist Physicians (nec)
    • 253411 - Psychiatrist
    • 253511 - Surgeon (General)
    • 253512 - Cardiothoracic Surgeon
    • 253513 - Neurosurgeon
    • 253514 - Orthopaedic Surgeon
    • 253515 - Otorhinolaryngologist
    • 253516 - Paediatric Surgeon
    • 253517 - Plastic and Reconstructive Surgeon
    • 253518 - Urologist
    • 253521 - Vascular Surgeon
    • 253911 - Dermatologist
    • 253912 - Emergency Medicine Specialist
    • 253913 - Obstetrician and Gynaecologist
    • 253914 - Ophthalmologist
    • 253915 - Pathologist
    • 253917 - Diagnostic and Interventional Radiologist
    • 253918 - Radiation Oncologist
    • 253999 - Medical Practitioners (nec)
  3. If a valid licence, registration or membership is required to perform the nominated occupation in the primary visa holder's work location, the visa holder must:
    • hold the required licence, registration or membership within 90 days of arrival in Australia (if the visa holder was outside Australia when the visa was granted) or within 90 days of visa grant (if the visa holder was in Australia when the visa was granted); and
    • continue to hold the licence, registration or membership while performing the nominated occupation; and
    • notify the Department of Home Affairs, in writing, to [email protected], if an application for the licence, registration or membership is refused; and
    • comply with the condition(s) or requirement(s) associated with the licence, registration or membership; and
    • notify the Department of Home Affairs, in writing, to [email protected], as soon as the licence, registration or membership is revoked or cancelled.
  4. The primary visa holder MUST commence work within 90 days of arrival in Australia (if the visa holder was outside Australia when the visa was granted) or within 90 days of visa grant (if the visa holder was in Australia when the visa was granted). If a licence, registration or membership is required, the primary visa holder must ensure the licence, registration or membership is obtained before this period.
  5. The primary visa holder MUST NOT cease employment for more than 90 consecutive days (90 days continuously).

Must Read for Australia 494 Visa

Latest Skilled Occupation List

Latest Priority Migration Skills Occupation List (PMSOL)

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