Skilled Employer Sponsored Regional (Provisional) 494 Visa

The 494 visa has replaced the Regional Sponsored Migration Scheme 187 (RSMS) and is a provisional visa that is valid for up to 5 years. After 3 years working and living in a regional area of Australia, the 494 visa can provide a pathway to the Permanent Residence (Skilled Regional) 191 visa.

There are two streams within the Skilled Employer Sponsored Regional (Provisional) 494 visa:

Employer Sponsored (commonly used), or
Labour Agreement

The application process similar to the TSS 482 visa - an employer needs to nominate a position from the relevant 494 visa occupation list, pay costs including government application fee and Skilling Australians Fund (SAF) levy, however, the position must be operating out of a business located in a regional area of Australia. This excludes Sydney, Melbourne and Brisbane.

To qualify for the the 494 visa, the applicant will need to demonstrate they:

are under 45 years (unless exemptions apply)
can provide a positive skills assessment in the nominated occupation
have at least 3 years relevant work experience
have Competent English
will be paid at the Annual Market Salary Rate
will meet the health and character requirements

Age Exemptions

In some instances, an age exemption may be available if the applicant is:

an academic nominated by an Australian University, or
a 457 visa or 482 visa holder that has been employed by the nominated employer for at least 3 years, in the same nominated occupation, and their income met the Fair Work High Income threshold in each of those years, or
a 457 visa or 482 visa holder that has been employed as a medical practitioner for at least 3 years immediately prior to 494 visa lodgement - at least 2 of those years working in a regional area of Australia, or
science researchers, scientists or technical specialists nominated in a science occupation at the ANZSCO skill level of 1 or 2, or
444 or 461 visa holders that worked in the nominated position, for the nominating employer, for at least 2 of the last 3 years prior to 494 application. The applicant must have held a 444 visa or 461 visa during that 3 year period

494 visa holders are required to live and work in the regional area for at least 3 years to qualify for the Permanent Residence 191 visa.

Key Visa Conditions

Similar to the 457 and 482 visas, the 494 visa is granted with a number of visa conditions that the holder must be compliant with. These include:

the employee can only work for the nominating employer, in the occupation in which they were sponsored (or else a new application is required)
the visa holder has the relevant registration, licence or professional membership (if required to perform the work)
the holder must commence work within 90 days of visa grant or arrival in Australia
the visa holder cannot cease work for more than 90 days. They will need to find a new sponsor, apply for a new visa or depart the country to prevent being subject to visa cancellation and unlawfulness
the visa holder is required to notify immigration of any changes to the following, within 14 days of it occurring:
- residential address
- email and/or phone number
- passport details
- address of the employer
- location in which the visa applicant is employed

Other Key Tips

Where a 494 visa holder seeks to apply for another visa, it important to understand possible restrictions in doing this. For example, if the 494 visa holder wishes to apply for a 820 Partner visa, they must have held the 494 visa for at least 3 years.

Pathway to Permanent Residence

494 visa holders are required to live and work in the regional area for at least 3 years to qualify for the Permanent Residence (skilled regional) 191 visa.

The 191 permanent residence visa takes effect on 16 November 2022 and currently is an option only to those who hold a Skilled Employer Sponsored Regional (provisional) Subclass 494 Visa, or a Skilled Work Regional (provisional) 491 Visa.