Skilled Employer Sponsored Regional (Provisional) Visa Subclass 494 Australia Immigration

We have summarised some items in plain English so most of us can understand as the information included in this Instrument is extensive. We have based the summary on the new legislation to be introduced, associated provisions and amendments to the Migration Act and Migration Regulations.

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Skilled Employer Sponsored Regional (Provisional) Visa Subclass 494 Australia Immigration

• Occupations for Subclass 494 Visas - https://www.legislation.gov.au/Details/F2019L01403
• Assessing Authorities for Subclass 494 Visas - https://www.legislation.gov.au/Details/F2019L01405
• Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas - https://www.legislation.gov.au/Details/F2019L01404
• Specification of Exempt Occupations - https://www.legislation.gov.au/Details/F2019L01399

Legislative Instrument - F2019L00578 - Migration Amendment (New Skilled Regional Visas) Regulations 2019.

Schedule 2 of the Instrument

• Introduces the Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa
• Closes the Subclass 187 - Regional Sponsored Migration Scheme subclass
• Brings employers seeking to sponsor overseas workers under Div 3 of Part 2 of the Migration Act and Part 2A of the Migration Regulations
• Commences 16 November 2019
• (9,000 places have been allocated to this visa subclass)

New Skilled Regional Visas - features

Designated Regional Areas

• At commencement of the new regional visas, it is intended that any area excluding Sydney, Melbourne, Brisbane, the Gold Coast and Perth will be designated as a regional area
• Regional visa holders may live in any designated regional area and can move between designated regional areas
• Two streams - Employer sponsored stream and labour agreement stream

Employer requirements 

Nomination, application processes and sponsorship obligations largely mirror those applicable to Subclasses 457 and 482 sponsorship

• Position must genuine, full time and likely to exist for five years
• Annual market salary rate (AMSR) must not be less than TSMIT $53,900; annual earnings including non-monetary benefits must not be less than AMSR, unless nominated under the Labour Agreement stream; and terms and conditions no less favourable than for Australian employees must be provided
• Minister must be advised by a 'body' (RDA/RCB?) with the responsibility for that part of Australia, that the nominee will be paid at least the AMSR
• SAF charges: $3000 for businesses with turnover of less than $10 million, or $5000 for others
• Cost of fees and nomination training contribution charge (SAF levy) cannot be recovered from the overseas worker or third party - amendment to Reg 2.87S
• If nominating an existing Subclass 494 visa holder, the new sponsor is expected to assume the sponsorship obligations for family members who already hold a Subclass 494
• Subclass 494 visa holders will be provided with 90 days to find another employer, if they cease employment with their sponsor
• Visa can be cancelled if sponsor provides false and misleading information, fails to meet sponsorship obligations, is cancelled or barred from being a sponsor or where a party to a labour agreement, it is terminated, suspended or ceased

Applicant requirements

• Must not have turned 45 at time of application
• Employer sponsored stream- must have skilled occupation on an applicable list and have valid, suitable skills assessment; Labour agreement stream - may be required to demonstrate has necessary skills to perform tasks of nominated occupation
• Nominated occupation to be specified by corresponding 6-digit ANZSCO code
• Must have been employed in the nominated occupation for at least three years on a full-time basis and at level of skill required for the occupation; Labour agreement stream - unless Minister considers it reasonable not to require this
• Employer sponsored stream- applicant must have competent English at time of application, unless specified in a legislative instrument by the Minister;Labour agreement stream - English language skills suitable to perform the nominated occupation
• Employer sponsored stream- health PIC 4007; Labour agreement stream - health PIC 4005
• Character PIC apply to all primary applicants and members of family unit whether applicants or not
• May apply and be granted inside or outside Australia, but not in immigration clearance
• Must be holder of substantive visa or BVA, BVB or BVC to apply onshore
• Temporary visa - five years validity
• Conditions 8503 and 8534 may be waived where that visa holder has a genuine intention to apply for a Subclass 494 visa
• Conditions 8578, 8579, 8580, 8581 and new Condition 8608 must be imposed
• Visa can be cancelled if the visa holder did not have a genuine intention at the time of grant to perform the nominated occupation or ceased to have a genuine intention to perform that occupation or the position was not genuine
• VAC- Base application charge: primary applicant $3,755, additional applicant over 18 years: $1,875, under 18 years: $940 (*Minister of Religion or member of their family unit VAC: nil)
• Second VAC instalment if required - Primary applicant less than functional English over 18 years: $9,800; secondary applicants over 18 years $4,890; any other applicant: nil
• Safe Haven Enterprise Visa holders or past holders, may apply for a Subclass 494 visa, subject to meeting prescribed requirements

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)