Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)

This visa enables regional employers to address identified labour shortages within their region by sponsoring skilled workers where employers can’t source an appropriately skilled Australian worker.

Theer are three streams available for the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494). The streams are:

  • Employer Sponsored stream;
  • Labour Agreement stream; and
  • Subsequent entrant.

Basic Eligibility

You must:

  • be nominated by an approved work sponsor
  • have an occupation on a relevant skilled occupation list
  • have a suitable skills assessment for the occupation
  • be under 45 years of age
  • meet minimum standards of English language proficiency

Employer Sponsored stream

This visa enables regional employers to address identified labour shortages within their region by sponsoring skilled workers where employers can’t source an appropriately skilled Australian worker.

On the Employer Sponsored stream visa, you can:

  • live, work and study only in designated regional areas of Australia for 5 years
  • travel to and from Australia as many times as you want while the visa is valid
  • if eligible, apply for permanent residence after 3 years from the time your visa is granted

Live in a designated regional area

You can live, work and study only in a designated regional area. Designated regional areas include all of Australia except for Sydney, Melbourne and Brisbane. The list often changes so please ensure you are aware of the designated regional areas.

Pathways to permanent residence

How long you can stay in Australia for?

The Employer Sponsored stream is a provisional visa. You can stay in Australia for a period of 5 years from when your visa is granted.

Can you stay longer in Australia?

No – You can’t stay in Australia longer by extending this visa.

Can you include family on this visa?

You can include members of the family unit in your application. You can:

  • include them when you submit your visa application
  • add a dependent child after you submit but before the Department of Home Affairs decide on your visa application

Family members who apply for the visa with you must meet the Department of Home Affairs health and character requirements.

Family members who do not apply for the visa with you might also have to meet our health and character requirements.

Where can you apply from?

You can be in or outside Australia when you apply for the visa and when the Department of Home Affairs make a decision on your application, but not in immigration clearance.

If you are applying in Australia, you must hold either of the following visa otherwise your application will not be valid:

  • a substantive visa, or
  • a Bridging visa A, Bridging visa B or Bridging visa C

Your obligations

You and your family must comply with all visa conditions and Australian laws.

You must begin your employment within 90 days of:

  • entering Australia, if you are outside Australia when the Department of Home Affairs grant the visa
  • the visa grant date, if you are in Australia when the Department of Home Affairs grant the visa

You must only work in your nominated occupation and only work for your nominating employer in regional Australia. If you do not comply with the visa obligations, your visa may be cancelled.

Where can you travel to?

You can travel out of Australia and return as many times as you want while the visa is valid.

The time you spend outside Australia does not extend the visa.

Visa label

The Department of Home Affairs will digitally link your visa to your passport. You will not get a label in your passport.

What are the eligibility requirements for the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)?

Age requirement

You must be under 45 years of age when you apply for the visa.

You are exempt from this criterion if any of the following applies to you:

  • you are nominated as an academic (University Lecturer or Faculty Head at Academic Level A , B, C, D or E) by a university in Australia
  • you are nominated as a medical practitioner and have been employed in that occupation for 3 years immediately before you apply as the holder of a Temporary Work (Skilled) visa (subclass 457) or Temporary Skill Shortage (TSS) visa (subclass 482) visa, with at least 2 years of this time employed in regional Australia
  • you are nominated as a scientist, researcher or technical (scientific) specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency or Australian university
  • you have held a Special Category visa (subclass 444) or New Zealand Citizen Family Relationship visa (subclass 461) visa for the last 3 years immediately before you apply and have worked for the employer who nominated you, in the nominated occupation, for at least 2 years during that time
  • you
    • have held a subclass 457 visa or TSS visa for the last 3 years immediately before you apply
    • have worked in your nominated occupation for the employer who nominated you at all time during those 3 years
    • had annual earnings for each of those 3 years, that were equal to or greater than the Fair Work High Income Threshold that applied at the end of the relevant year

Nominated by an approved sponsor 

You must be nominated by an employer whose business is lawfully operating in Australia.

You 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.

Before you can apply for the visa, your employer will need to lodge a nomination application for you. They will only be able to do this if they are an approved work sponsor or have at least lodged an application to become a standard business sponsor.

Have relevant skills, qualifications and work experience

If you are the primary visa applicant, you must demonstrate that you have the skills, qualifications and work experience necessary to perform the nominated occupation. 

You must undertake a skills assessment to demonstrate this.

You 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.

Positive skills assessment 

You must have your skills assessed as suitable for the nominated occupation by the relevant assessing authority. The assessment will show us you have the skills to work in the nominated occupation.

The skills assessment must be undertaken before your application is lodged. A skills assessment obtained for a Temporary Graduate visa (subclass 485) is not a valid assessment for this visa.

You do not need to complete a skills assessment if at the time of application, you held a Temporary Work (Skilled) visa (subclass 457) or Temporary Skill Shortage visa (subclass 482) for the nominated occupation and in order to be granted that visa, you were required to demonstrate your skills by providing a suitable skills assessment.

You are exempt from this criterion if any of the following applies to you:

English language requirement

You must have at least Competent English to be granted this visa.

Health requirement

You and any family members who apply for the visa with you must meet the Department of Home Affairs health requirement.

If requested, family members not accompanying you to Australia might also need to meet the health requirement.

Character requirement

You and your family members aged 16 years and above who apply for the visa with you must meet the Department of Home Affairs character requirement.

Family members not accompanying you to Australia must also meet the character requirement.

Have you had a visa cancelled or a previous application refused in Australia?

If you have had a visa cancelled or a previous application refused in Australia, you may not be eligible for this visa.

If you have had either of the above, please talk with our team of registered migration agents to discuss your best option.

Debts to the Australian government

If you or any family members (including those who don’t apply for the visa with you) owe the Australian government money, you or they must have paid it back or arranged to pay it back.

Labour Agreement stream

What can you do on the Labour Agreement stream?

On the Labour Agreement stream, you can:

  • live, work and study only in designated regional areas of Australia for 5 years
  • travel to and from Australia as many times as you want while the visa is valid
  • if eligible, apply for permanent residence after 3 years from the time your visa is granted

Live in a designated regional area

You can live, work and study only in a designated regional area. Designated regional areas include all of Australia except for Sydney, Melbourne and Brisbane. Please ensure you check the latest information regarding the designated regional areas as they are subject to change at any time.

How long you can stay in Australia for?

The Labour Agreement stream is a provisional visa. You can stay in Australia for a period of 5 years from when your visa is granted.

Pathways to permanent residence

Can you stay longer in Australia?

No, you can’t stay in Australia longer by extending this visa.

Can you include family on this visa?

You can include members of the family unit in your application. You can:

  • include them when you submit your visa application
  • add a dependent child after you submit but before the Department of Home Affairs decide on your visa application

Family members who apply for the visa with you must meet the Department of Home Affairs health and character requirements.

Family members who do not apply for the visa with you might also have to meet the health and character requirements.

Where can you apply for this visa from?

You can be in or outside Australia when you apply for the visa and when the Department of Home Affairs make a decision on your application, but not in immigration clearance.

If you are applying in Australia, you must hold either of the following visa otherwise your application will not be valid:

Your obligations

You and your family must comply with all visa conditions and Australian laws.

You must begin your employment within 90 days of:

  • entering Australia, if you are outside Australia when the Department of Home Affairs grant the visa
  • the visa grant date, if you are in Australia when the Department of Home Affairs grant the visa

You must only work in your nominated occupation and only work for your nominating employer in regional Australia. If you do not work only in your nominated occupation and in regional Australia, the Department of Home Affairs may cancel your visa.

Where can you travel to?

You can travel out of Australia and return as many times as you want while the visa is valid.

The time you spend outside Australia does not extend the visa.

Visa label

The Department of Home Affairs will digitally link your visa to your passport. You will not get a label in your passport.

What are the eligibility requirements for the Labour agreement stream?

Work under a labour agreement

The nominated occupation must be the subject of a labour agreement between the Commonwealth and the nominator.

Age requirement

Unless the labour agreement states otherwise, you must be under 45 years of age when you apply for the visa.

Have relevant skills, qualifications and work experience 

You must demonstrate that you have the skills, qualifications and work experience necessary to perform the nominated occupation.

You must undertake a skills assessment to demonstrate this if having a skills assessment is specified in the labour agreement – see Have a positive skills assessment section below.

You 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.

Have a positive skills assessment 

If having s skills assessment is specified in the labour agreement, you must have your skills assessed as suitable for the nominated occupation by the relevant assessing authority. The assessment will show us you have the skills to work in the nominated occupation.

English language requirement

You must have the level of English as specified in the labour agreement to be granted this visa.

Health requirement

You and any family members who apply for the visa with you must meet the Department of Home Affairs health requirement.

Character requirement

You and any family members aged 16 years and over who apply for the visa with you must meet the Department of Home Affairs character requirement.

Have you had a visa cancelled or a previous application refused in Australia?

If you have had a visa cancelled or a previous visa application refused in Australia, you may not be eligible for this visa.

Speak with our team of immigration lawyers and registered migration agents to discuss the best options for you if you have had either of these issues arise in the past.

Debts to the Australian government

If you or any family members (including those who don’t apply for the visa with you) owe the Australian government money, you or they must have paid it back or arranged to pay it back.

Subsequent entrant (subclass 494)

This visa is for members of the family unit of a Skilled Employer Sponsored Regional (SESR) (Provisional) visa (subclass 494) holder who are applying separately for their SESR visa and wish to join the primary SESR visa holder in Australia.

About the Subsequent entrant (subclass 494) visa

Usually, you apply for this visa at the same time as the primary visa applicant. In some instances, this may not be possible. This may occur where the composition of the family changes after:

  • the primary visa applicant has already submitted their SESR visa application and it is still pending a decision
  • a SESR visa has already been granted to the primary visa holder

When this occurs and you want to join your family member on their visa, you must apply separately by submitting a visa application in your own right. This is known as subsequent entrant.

When you submit your visa application for a subsequent entrant, you are required to attach a written letter from your family member’s work sponsor (employer) extending their sponsorship obligation to include you as a family member in the nomination.

This requirement is intended to ensure the employer is aware of all the family members to whom their sponsorship obligations will extend.

On the Subsequent entrant (subclass 494) visa, you can:

  • stay in Australia while the visa is valid
  • live, work and study only in designated regional areas of Australia for up to 5 years
  • travel to and from Australia as many times as you want while the visa is valid

Specified region

You can live, work and study only in a designated regional area. Designated regional areas include all of Australia except for Sydney, Melbourne and Brisbane. It’s important to check the designated regional areas regularly as they do change from time to time.

How long you can stay in Australia?

The Subsequent entrant visa is a provisional visa. You can stay in Australia for a period of up to 5 years. Your visa will expire at the same time as your family member who is the primary SESR visa holder.

Can you stay longer in Australia?

No – You can’t stay in Australia longer by extending this visa. 

Subsequent entrant

Subsequent entrants who can apply for this visa are those who are members of the family unit of a primary SESR visa holder or a main applicant for a SESR visa.

Family members who apply for this visa must meet the Department of Home Affairs health and character requirements.

Where can you apply from?

You can be in or outside Australia when you apply for the visa and when the Department of Home Affairs make a decision on your application, but not in immigration clearance.

If you are applying in Australia, you must hold either of the following visa otherwise your application will not be valid:

Your obligations

You must comply with all visa conditions and Australian laws.

Where can you travel to?

You can travel out of Australia and return as many times as you want while the visa is valid. The time you spend outside Australia does not extend the visa.

Visa label

The Department of Home Affairs will digitally link your visa to your passport. You will not get a label in your passport.

What are the eligibility requirements for the subsequent entrant?

Age requirement

You must be under 45 years of age when you apply for the visa.

Have a family member who is a primary SESR visa holder

You must have a family member who is a primary SESR visa holder, or main applicant for a SESR visa, to be able to lodge a subsequent entrant visa application.

Be nominated by the primary SESR visa holder’s work sponsor

The work sponsor (employer) with the most recent approved nomination in relation to the primary SESR visa holder, or main applicant for a SESR visa, must agree (or have agreed) in writing to include you as a family member in the nomination.

English language requirement

You must show that you have Functional English. If you can’t show that you have Functional English, you will need to pay the second instalment.

Health requirement

You must meet the Department of Home Affairs health requirement.

Character requirement 

If you are aged 16 years and over you must meet the Department of Home Affairs character requirement.

Have you had a visa cancelled or a previous application refused?

If you have had a visa cancelled or a previous application refused in Australia, you may not be eligible for this visa. Contact our team today to discuss your migration options.

Debts to the Australian government

If you owe the Australian government money, you must have paid it back or arranged to pay it back.

Do you want to apply for the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)?

If you have read the above information and would like to apply for the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494), please contact our team of registered migration agents today. We can assist you through the migration process.