Skilled Employer Sponsored Regional visa (Subclass 494)

What do I need to be eligible for a Sc 494 visa?

General criteria for employees

• Age Limit - you must be under the age of 45 unless exempt (if applying under Employer Sponsored stream) or unless the labour agreement states otherwise (if applying under Labour Agreement stream)
• Eligible occupation – your nominated occupation must be included in the Medium- and Long-Term Strategic Skills List or Regional Occupations List (if applying under Employer Sponsored stream) or be specified in the labour agreement between the Commonwealth and the nominator (if applying under Labour Agreement stream)
• Skills assessment – you must secure a positive skills assessment from the relevant authority in Australia as evidence that you possess the necessary qualifications and skills to be able to work in your occupation, unless exempt (if applying under Employer Sponsored stream)
• Relevant work experience - principal applicant must have at least 3 years of work experience in the nominated occupation or closely related occupation gained within last 5 years before application submission unless exempt (if applying under Employer Sponsored stream)
• English competency – principal applicant must have at least Competent English (if applying under Employer Sponsored stream) or demonstrate the level of English as specified in the labour agreement (if applying under Labour Agreement stream)
• Health and Character – principal applicants and their family members included in the visa application must meet health and character requirements
• Occupational registration (if applicable) – for occupations requiring mandatory registration or licensing in Australia, applicants must include evidence from the relevant Australian registration or licensing authority (in the state/territory in which they will be employed) that they hold or will be able to meet necessary registration or licensing requirements. Online assessment

General criteria for employers

• Be an approved Standard Business Sponsor (but not an overseas business sponsor) or have a labour agreement with the Department of Home Affairs, to employ overseas workers on Sc 494 visa.

For the Standard Business Sponsorship to be approved, the employer must demonstrate that they are a legally established and actively operating business. This is evidenced by business registration details (ABN), Business Activity Statements (BAS), company's financial statements, tax returns, etc. Additionally, the sponsoring employer must testify to being compliant with Australian laws and be committed to employ Australian citizens and permanent residents.

• Have a nomination application approved. This is when the sponsoring employer nominates a position within their business that will be filled by an overseas worker.

For the nomination application to be approved, the following criteria must be met:

• • Remuneration – the overseas worker must be paid a market related salary for the nominated occupation but the salary offered must not be less than the Temporary Skilled Migration Income Threshold (TSMIT) which is currently AUD53 900 per annum plus superannuation. A Regional Certifying Body must also provide advice whether the overseas worker would be paid at least the annual market salary rate for the nominated occupation.
  • Labour Market test – the sponsoring employer must demonstrate that they advertised for the nominated position locally and were unable to find a suitable Australian worker.
  • Training Levy – the employer must pay Skilling Australians Fund (SAF) levy where the amount depends on the turnover of the business:
    • If the business is small, with turnover less than $10 million - $3,000 once off,
    • If the business is large, with turnover more than $10 million - $5,000 once off.

Can I include my family in a Sc 494 application?

Principal applicants for Subclass 494 visa can include the following family members in their application

• Spouse or De Facto Partner (can be same or opposite sex)
• Your and/or your partner's dependent children

Spouse/De Facto Partner

For both spouse and de facto applicants, you must prove that you are in a genuine and ongoing relationship.

For De Facto applicants, you must additionally provide evidence that:

• you are not related by family
• you and your partner are mutually committed to a shared life to the exclusion of all others
• you live together, or do not live separately on a permanent basis.

Dependent Children

Children can be included in your Sc 494 visa application, provided they fall under of the below categories:

Category 1

They are under 18 years of age
They are your or your partner's child from a current or a previous relationship
They are not married, engaged or in a de facto relationship;

Category 2

They are over 18 years of age but not yet turned 23
They are dependent on you or your partner
They are your or your partner's child from a current or a previous relationship
They are not married, engaged or in a de facto relationship;

Category 3

They are over 23 years of age and unable to earn a living to support themselves due to *physical or cognitive limitations
They are dependent on you or your partner
They are your or your partner's child from a current or a previous relationship
They are not married, engaged or in a de facto relationship
*Such child/ren will still need to meet Australia's health requirements for the visa to be granted.

Note: The child must meet the dependency criteria at the time of application submission as well as at the time of decision-making.

Minimum English level

Family members over the age of 18 who are included in Sc 494 visa application are required to provide evidence of at least Functional English, unless exempt. Applicants with less than functional English will need to pay an English Language Charge (2nd instalment) before receiving their visas.

Health and Character

All family members who are included in Sc 494 visa application must meet health and character requirements.
All applicants over 16 must provide police clearances from every country they lived in, Australia inclusive, for at least 12 months in the past 10 years.

How long does it take to get a Sc 494 visa for Australia?

The current processing times are 3-5 months under Employer Sponsored Stream. The processing time under Labour Agreement stream are currently not available.

What are the fees?

Sc 494 visa application fees are AUD$4,115 for the main applicant, AUD$2,060 for any secondary applicant aged 18 and above and AUD$1,030 for any secondary applicant under the age of 18.

Australian Shores' consultancy fees are quoted through our online assessment.

Online assessment

Our Visa Service includes

• Your personal adviser will manage everything required for the entire process, taking all the stress off your shoulders.
• We will review the supporting documents and make sure that they meet the visa requirements
• We will apply for a skills assessment on your behalf.
• We will prepare and submit the visa application for you and your family
• We will monitor the progress of your application regularly and will provide timely updates
• We will liaise with the Department of Home Affairs and will act as your representative until the decision is made

Online assessment