494 - skilled employer sponsored regional (Provisional) visa

Step 1 – standard business sponsorship

To become a sponsor, an employer must be able to show that the business:

● is a lawfully operating business; and

● has no relevant adverse information affecting suitability.

Note that existing 482 sponsors can use their current sponsorship facility to sponsor 494 visa holders.

A sponsorship facility is granted for a period of five years and the sponsor has no restrictions on how many 494 visa holders they are able to sponsor. A business can apply for accreditation of their sponsorship if they meet applicable criteria. Sponsorship accreditation may warrant auto approval of certain nominations and enable faster processing times.

step 2 – 494 nomination

Nomination is the process of identifying a position to be filled by a foreign national. To secure the nomination approval, the business must:

● Identify the skills and experience required for the position.

● Provide evidence of the Annual Market Salary Rate (AMSR) and demonstrate that terms and conditions of employment offered to a foreign national are no less favourable than an Australian would receive in the same role.

● Conduct appropriate Labour Market Testing (LMT) to demonstrate there are no suitably qualified Australian workers to fill the role.

● Demonstrate there is a genuine need for the position within the business.

● Undertake a consultation with Regional Certifying Body in relation to certain terms.

A business may sponsor a foreign national under one of two streams:

1. Employer Sponsored Stream – designed to fill skill shortage on a temporary basis of up to 4 years

2. Labour Agreement Stream – designed in circumstances where an employer has negotiated an agreement with the Department (see Labour Agreements for further details)

There is a diverse range of occupations available including professionals, paraprofessionals and trades. The list is far more extensive by comparison to the occupations available on the TSS list.

step 3 – 494 visa

In order to apply for a Subclass 494 visa, the applicant must:

● have relevant skills including qualifications and prior mandatory employment experience (in most circumstances, this involves undertaking a formal skills assessment by a relevant skills assessment body).

● meet any health character or language requirements

● hold applicable registration and licensing

● be under 45 years of age at the time of application

The visa is valid for a period of 5 years.

Pathway towards permanent residency

Subclass 494 visa may lead to a permanent Subclass 191 visa (due to commence on 16th November 2022). This visa does not require employer sponsorship.

At Crystal Migration, we assist employers throughout the 494 process in varying ways. We can provide you with comprehensive guidance on Labour Market Testing requirements and the Skills Assessment criteria. We can also liaise with the Regional Certifying Body on your behalf. Our goal is to ensure that the sponsorship process is seamless and quick for your busine