Skilled Employer Sponsored Regional visa (Subclass 494)

What is the process?

You may be eligible for Sc 494 visa if you have an offer of employment from an employer in regional Australia (anywhere outside Brisbane, Melbourne and Sydney) who is prepared to sponsor you and provided you meet the criteria under the stream you will be applying under.

How to apply for a Subclass 494 visa?

The Sc 494 visa is a three-stage process:

• Stage1: a sponsorship application submitted by the employer – it provides the details of the business (cannot be overseas business) seeking to employ an overseas worker.
• Stage 2: a nomination application submitted by the employer – it provides the details of the position to be filled as well as identifies the overseas worker and any secondary applicants covered by the nomination.
• Stage 3: a visa application submitted by the employee – it provides the details of how the overseas worker is skilled for the nominated occupation as well as personal details of the principal applicant and any secondary applicant/s included in the application.

All three applications can be submitted at the same time, i.e the employer doesn’t have to wait for the Sponsorship application to be approved before submitting a Nomination application; similarly the employee doesn’t have to wait for the Sponsorship and/or Nomination application to be approved before submitting a visa application.

What do I need to be eligible for a Sc 494 visa?

General criteria for employees

• Age Limit – you must be under the age of 45 unless exempt (if applying under Employer Sponsored stream) or unless the labour agreement states otherwise (if applying under Labour Agreement stream)
• Eligible occupation – your nominated occupation must be included in the Medium- and Long-Term Strategic Skills List or Regional Occupations List (if applying under Employer Sponsored stream) or be specified in the labour agreement between the Commonwealth and the nominator (if applying under Labour Agreement stream)
• Skills assessment – you must secure a positive skills assessment from the relevant authority in Australia as evidence that you possess the necessary qualifications and skills to be able to work in your occupation, unless exempt (if applying under Employer Sponsored stream)
• Relevant work experience – principal applicant must have at least 3 years of work experience in the nominated occupation or closely related occupation gained within last 5 years before application submission unless exempt (if applying under Employer Sponsored stream)
• English competency – principal applicant must have at least Competent English (if applying under Employer Sponsored stream) or demonstrate the level of English as specified in the labour agreement (if applying under Labour Agreement stream)
• Health and Character – principal applicants and their family members included in the visa application must meet health and character requirements
• Occupational registration (if applicable) – for occupations requiring mandatory registration or licensing in Australia, applicants must include evidence from the relevant Australian registration or licensing authority (in the state/territory in which they will be employed) that they hold or will be able to meet necessary registration or licensing requirements. Online assessment

General criteria for employers

• Be an approved Standard Business Sponsor (but not an overseas business sponsor) or have a labour agreement with the Department of Home Affairs, to employ overseas workers on Sc 494 visa.

For the Standard Business Sponsorship to be approved, the employer must demonstrate that they are a legally established and actively operating business. This is evidenced by business registration details (ABN), Business Activity Statements (BAS), company’s financial statements, tax returns, etc. Additionally, the sponsoring employer must testify to being compliant with Australian laws and be committed to employ Australian citizens and permanent residents.

• Have a nomination application approved. This is when the sponsoring employer nominates a position within their business that will be filled by an overseas worker.

For the nomination application to be approved, the following criteria must be met:

• • Remuneration – the overseas worker must be paid a market related salary for the nominated occupation but the salary offered must not be less than the Temporary Skilled Migration Income Threshold (TSMIT) which is currently AUD73,150 per annum plus superannuation. A Regional Certifying Body must also provide advice whether the overseas worker would be paid at least the annual market salary rate for the nominated occupation.
  • Labour Market test – the sponsoring employer must demonstrate that they advertised for the nominated position locally and were unable to find a suitable Australian worker.
  • Training Levy – the employer must pay Skilling Australians Fund (SAF) levy where the amount depends on the turnover of the business:
    • If the business is small, with turnover less than $10 million – $3,000 once off,
    • If the business is large, with turnover more than $10 million – $5,000 once off.