The Skilled Employer Sponsored Regional (Provisional) visa is designed to assist Australian companies in regional areas to fill current skilled staffing shortages in their business.

 

This is a temporary visa that permits the holder to work full time for their sponsoring employer in a nominated position. Family members can be included in the application.

 

The position to be filled must be an occupation on the Department of Home Affairs list of occupations eligible for this visa. The business must also be in a regional area of Australia. Regional areas are defined as a location outside of the main cities of:

 

• Melbourne

• Sydney

• Brisbane

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Duration

This is a 5 year temporary visa. The visa holder may apply for the Subclass 191 Permanent Residence (Skilled Regional) visa after 3 years on their 494 visa if eligibility criteria are met. General eligibility criteria for the permanent visa include:

 

• Abiding by the 494 visa conditions

  • Working in the nominated position

  • Remaining in the nominated regional area

• Earning a minimum taxable income. This is expected to be $70,000 or more per year. Currently not required.

 

Employer nomination is not required to apply for the permanent visa.

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Skills Assessment

The employee must have a positive skills assessment in their nominated occupation to be eligible for this visa.

 

A skills assessment is not an exam. A skills assessment is an assessment of the employee’s qualifications and work experience to ascertain if they meet standard of the occupation in Australia.

 

It is strongly recommended that employers confirm that their employee can obtain a positive skills assessment before proceeding with the nomination process.

 

In addition to the positive skills assessment, an employee must have a minimum of 3+ years full time employment in their nominated occupation, or closely related occupation.

 

If the employee cannot pass a skills assessment, or does not have the required work experience, we recommend using the Subclass 482 TSS employer sponsored visa, or Subclass 407 Training visa in the interim. The 482 TSS visa can be granted for periods of up to 4 years. The 407 Training visa can be granted for up to 2 years. This may enable your employee to meet the skills assessment and work experience requirements for the 494 visa.

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What are the steps required to apply?

There are three steps required for a 494 visa to be approved. This involves three separate applications. Two of these are the responsibility of the sponsoring employer, one of these is the responsibility of the visa applicant. Each application must be approved in order for the next application to be approved. It is possible to lodge all three applications at the same time.

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1) Standard Business Sponsorship (SBS)

The sponsoring business must become an approved Standard Business Sponsor.

This requires a sponsorship application to be lodged. The basic requirements for

a sponsorship to be approved require the sponsoring business to establish that they

are lawfully operating a business with no adverse information against them.

 

If they have previously obtained approval as Standard Business Sponsor, they must evidence that they have continued to meet the sponsorship obligations in the most recent years of active sponsorship.

 

Once granted, the sponsorship is valid for a period of 5 years. This is renewable.

 

Sponsorship Obligations

If approved as a Standard Business Sponsor, the sponsoring company has the obligation to cover reasonable costs associated with a departing ticket from Australia if their employee ceases work and requests for departure assistance. This obligation extends to any dependent family members.

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2) Nomination

The sponsoring company must lodge a nomination application for the applicant that identifies the position sought to be filled. There are several requirements to be filled in order to have the nomination approved.

 

Labour Market Testing

The position to be filled must have been recently advertised and attempts to fill this position must have been paid. Exemptions may apply.

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Market Salary Rate

The employer must evidence that they will be paying their employee a salary that is commensurate with their skills and experience that is comparable to what an Australian citizen or permanent resident would be paid. The applicant must also be paid above the Temporary Skilled Migration Income Threshold (TSMIT) of $70,000.

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Training Levy

There have been recent changes to the training requirement for employer sponsored visas. The training levy has now been changed to a payment into the Skilling Australians Fund (SAF). This will be known as the SAF levy. The SAF levy is required to be paid at the nomination stage and will be one of the following:

 

• Small Business – businesses with less than $10M annual turnover will be required to pay $3000 for the nomination.

• Large Business - businesses with more than $10M annual turnover will be required to pay $5000 for the nomination.

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Genuine Position

The sponsoring company must evidence that there is a genuine need for the position to be filled. They are required to establish that the position has not been created for the purpose of sponsoring the foreign worker.

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Regional Certifying Body Advice (RBC Advice)

The sponsoring company will need to obtain confirmation of the market salary rate through an application with the local Regional Certifying Body. Your migration agent can assist you with this application.

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NOTE: Further requirements may be applicable depending on the occupation and

stream. Please contact your migration agent for further assessment.
 

3) Visa Application

You must be under the age of 45 to apply for this visa. Exemptions apply in limited circumstances. The visa applicant must be able to evidence that they hold the required skills, qualifications and experience required of the role they are nominated to fill.

The applicant must be able to evidence a minimum of three years recent work experience in their occupation.

 

A positive skills assessment in the nominated occupation is required for this visa subclass. Exemptions apply in limited circumstances. It is recommended that you make yourself aware with the skills assessment requirements and start your skills assessment application as soon as possible. Processing times for some skills assessments are up to 3 months. You will also need to prepare your skills assessment documents. The timeframe to prepare your skills assessment application depends on your level of organisation. If your visa will soon be expiring, we can recommend the Subclass 482 TSS temporary employer sponsored visa in the interim, if eligible. Your migration agent can assist you with your skills assessment application.

 

The applicant must evidence that they meet the English language requirement for their stream.

 

It is possible to include your family members in this application. All applicants must be able to pass a health and character assessment. Adequate health insurance is required to be held for the duration of your stay.

 

NOTE: Further requirements may be applicable depending on the occupation and stream. Your previous Australian immigration history will need to be considered before applying for this visa. Please contact your migration agent for further assessment.

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Next Steps

Our Registered Migration Agents are happy to assist you with the preparation and lodgement of your 494 Standard Business Sponsorship, Nomination and Visa applications. We will review your documents and ensure that you meet the eligibility requirements before applying.

 

Please contact us to book an appointment for further information and assessment of

your eligibility.