Subclass 494 Skilled Employer Sponsored Regional (Provisional) Visa

The Subclass 494 skilled employer sponsored visa commenced on the 16 November 2019.

The Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) replaced the Regional Sponsored Migration Scheme (RSMS) visa (subclass 187) - Direct Entry stream.

There will be a total of 9,000 places allocated to the Subclass 494 visa program every year.

The Subclass 494 visa is a provisional visa and does not grant permanent residency immediately like the Subclass 187 RSMS visa, however, a Subclass 494 visa holder (or their partner) may be eligible to apply for the Subclass 191 skilled regional permanent residency visa once they are eligible.

Is my employer able to nominate me on a Subclass 494 visa?

· Your employer’s business must be located in a designated regional area of Australia (excluding Sydney, Brisbane, Gold Coast, Perth and Melbourne). Newcastle, Wollongong and the NSW Central Coast will become designated regional areas.

· Your position is on the relevant occupation list (over 700 occupations)

· Your employer will need approval from the Regional Certifying Body (RCB) in your area

· The position must be full-time, genuine and likely to be available for five years

· You must be paid at the market salary rate

What are the requirements for the Subclass 494 visa?

· You must hold a suitable skills assessment

· You must have at least three (3) years of full-time (38 hours a week) post-qualification relevant skilled work experience (or part-time equivalent 20 hours a week, or two part-time jobs)

· You must be under <45 years of age

· You must demonstrate Competent English (IELTS 6.0 in each band or equivalent in another test such as Pearson PTE 50 in each component)

Does the subclass 494 visa lead to permanent residency?

The Subclass 494 is valid for a period of 5 years.

You can apply for permanent residence through the Subclass 191 Permanent Residence (Skilled Regional) visa when the following is met:

1. You have worked in the designated regional area for at least three (3) years, whilst holding a Subclass 494 visa, and

2. You can show earnings of at least $53,900 annually for three (3) years. If you have a partner included in your Subclass 494 application, only one of you needs to show the three years of annual salary (through tax returns) at or above >$53,900. Your partner can be the primary applicant for the Subclass 191 visa if they can demonstrate that they meet the requirements.

Employer nomination by an employer is NOT required to apply for the Subclass 191 visa. This is different to the Subclass 187 RSMS visa.

What happens to 187 applications not decided by 16 November 2019?

If a Subclass 187 nomination, RCB (Regional Certifying Body) certification and visa are lodged prior to 16 November 2019, the applicant is not subject to the new visa arrangements.

Restricted from applying for other visas

Holders of Subclass 491 and Subclass 494 visas or who last held these visas, are restricted from applying for the following visas, unless they have completed at least three years in a designated regional area, unless exceptional circumstances exist:

Subclass 124/858 - Distinguished Talent Subclass 132 - Business Talent Subclass 186 - Employer Nomination Scheme

Subclass 188 - Business Innovation and Investment Subclass 189 - Skilled - Independent Subclass 190 - Skilled - Nominated Subclass 820 - Partner (Temporary)

If you would like further information, or if you would like to have your eligibility assessed, call +61497788891 to speak to a registered migration agent who can answer your questions.

Subclass 191 – Permanent Residence (Skilled Regional) visa

Lastly, there is the permanent Subclass 191 visa available from 16 November 2022. (The delay in its introduction is because no applicants will be eligible until at least this date).

With greatly reduced visa application charges, and no second visa application charge for applicants who are at least 18 with less than functional English (this already applied to Subclass 491 and 494 visa applications), to make a valid application, primary applicants must have held a regional provisional visa (491 or a 494 visa) for at least 3 years (any secondary applicants must make a combined application with the primary visa applicant).

If a combined application has been made, only one applicant must satisfy the primary criteria, which means partners of the original primary Subclass 491 or 494 visa holders can step in to meet the primary criteria if needed.

There are effectively two major requirements:

Substantial compliance with the visa conditions of the regional provisional visa or any subsequent bridging visa, and unless exempt, compliance with condition 8579, and
The taxable income of the person seeking to meet the primary criteria for at least 3 years is above a certain threshold >$53,900 that will be known closer to the date of implementation. (Evidence will be their Notice of Income Tax Assessment for each income year).

Secondary applicants must also have complied with their visa conditions including condition 8579.

If granted, as with all permanent visas, this will be a 5-year visa with no restrictions.

Importantly, an unlike 187 visas, a 191 visa does not require a preceding nomination by a business.

Therefore, Subclass 494 visa holders will not be attached to their sponsor and may apply with or without their consent.

All the above visas also have the usual public interest criteria, health and character requirements.

Restricted from applying for other visas

Subclass 124/858 - Distinguished Talent Subclass 132 - Business Talent Subclass 186 - Employer Nomination Scheme

Subclass 188 - Business Innovation and Investment Subclass 189 - Skilled - Independent Subclass 190 - Skilled - Nominated Subclass 820 - Partner (Temporary)

If you would like further information, or if you would like to have your eligibility assessed, call +61497788891 to speak to a registered migration agent who can answer your questions.