Employer Sponsored Visas

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Employer Sponsored Visas

Subclass 494

Overview

The Subclass 494 Visa is intended to assist employers in regional areas of Australia in filling skilled labor shortages by sponsoring overseas workers. This visa specifically targets skills gaps in designated regional areas, supporting economic development and growth outside of major cities. To qualify, applicants must be nominated by an approved Australian employer located in a regional area. Additionally, applicants are required to possess the skills and qualifications for an occupation listed on the relevant Skilled Occupation List.

This visa has two streams:

  1. Employer-Sponsored Stream
  2. Labour Agreement Strea

1.Employer-Sponsored Stream

The Employer-Sponsored stream of the Subclass 494 Visa is a valuable opportunity for both employers and skilled workers to address critical labor shortages in regional areas while providing a pathway for skilled individuals to contribute to Australia’s workforce and build a future in a welcoming environment.
The application process for the Employer-Sponsored stream of Subclass 494 visa encompasses three essential stages:

Sponsorship Stage

  •  The employer must either be a standard business sponsor (SBS), have applied to be a SBS, or be a party to a work agreement.
  •  The employer must submit the sponsorship application per the procedures established by the Department of Home Affairs.
  •  The employer must have a lawfully operating business in Australia.
  •  The employer must have a strong record of employing local labor.
  •  There should be no adverse information known to immigration about the employer or a person associated with the applicant.

Nomination Stage

  •  The employer must submit the nomination application per the procedures established by the Department of Home Affairs.
  •  The position associated with the occupation must be in a designated regional area.
  •  No adverse information should be known to immigration about the employer or a person associated with the employer.
  •  The employer must undertake labor market testing (LMT) unless inconsistent with Australia’s international trade obligations.
  •  The employer must pay any applicable nomination training contribution charge.
  •  The position associated with the occupation must be genuine, full-time, and available for the next five years.
  •  The employer must pay the nominee the Annual Market Salary Rate (AMSR) or at least the Temporary Skilled Migration Income Threshold (TSMIT) of $73,150 as of 1 July 2024.
  •  The employer must not engage in discriminatory recruitment practices.
  •  Employment conditions for the nominee must be equivalent to those for an Australian worker performing similar work.
  •  A regional certifying body must confirm that the applicant will be paid at least the AMSR for the occupation.

Visa Application Stage

  •  The applicant must be nominated by a standard business sponsor for an occupation on the relevant occupation list, with an active nomination.
  •  The position associated with the nominated occupation must be genuine.
  •  The applicant is employed to work in the nominator’s business or an associated entity.
  •  Must not have turned 45 at the time of application unless an exemption applies.
  •  Must have at least competent English, e.g., an IELTS score of 6 in all four components unless exempted.
  •  Must have at least three years of full-time, post-qualification work experience in the nominated occupation.
  •  Must have a positive skills assessment from the relevant authority.
  •  Must work only for the nominating sponsor or an associated entity unless exempted.
  •  Must meet health and character requirements.

Duration of Stay

This is a provisional visa. It allows the visa holders to stay in a designated regional area of Australia for up to 5 years. Applicants become eligible to apply for permanent residency through Subclass 191 after holding this visa for 3 years.

2.Labour Agreement Stream

The labour agreement stream is designed for skilled workers from overseas who wish to work for an employer with a labour agreement. These agreements allow approved businesses to sponsor skilled overseas workers when there is a proven demand that cannot be met locally and when standard visa programs are unavailable.

Nomination Stage

  •  The employer must submit the nomination application per the procedures established by the Department of Home Affairs.
  •  The employer must be part of a work agreement and authorized to recruit for the Subclass 494 visa.
  •  The employer must undertake labor market testing (LMT) unless inconsistent with Australia’s international trade obligations.
  •  The employer must pay any applicable nomination training contribution charge.
  •  No adverse information should be known about the employer or an associated person.
  •  The position must be in a designated regional area and a genuine, full-time role available for the next five years.
  •  The work agreement requirements must be met.

Visa Application Stage

  •  The applicant must be nominated by an approved sponsor with an active nomination.
  •  The applicant must declare no contravention of law related to sponsorship.
  •  The position associated with the nominated occupation must be genuine.
  •  The applicant must not have turned 45 or have an approved age exemption.
  •  Must have suitable English language skills.
  •  Must have three years of experience in the nominated occupation or related field, unless exempted.
  •  The applicant must meet the necessary skills, qualifications, and employment background for the occupation.

Benefits of this visa include:

– The capability to reside, work, and pursue education exclusively in specified regional locations of Australia for five years.  

– The opportunity to enter and exit Australia unlimited times as long as the visa remains active.  

– If qualified, you can apply for permanent residency three years after your visa is granted..

Duration of stay

Applicants nominated under this stream may stay in Australia for up to 5 years from when their visa is granted.

Processing Times

This visa can take up to 6-7 months to process.

DISCLAIMER:  The information provided above is general and may not be applicable to your specific situation. We encourage you to contact us for a comprehensive analysis that takes into account your unique circumstances.