Skilled Employer Sponsored Regional (Provisional) visa Subclass 494

What is this Subclass 494 visa?

A Skilled Employer-Sponsored Regional (Provisional) visa (subclass 494) known as ‘SESR’, enables regional employers to address their current labour shortages within their region by bringing in skilled workers when they cannot source local Australians who are appropriately skilled. It facilitates the targeted use of overseas workers to address temporary skill shortages in designated regional areas while ensuring that Australian workers get priority. Subclass 494 holders can work in regional Australia in their approved nominated occupations. This is a temporary visa allowing the applicants to enter and stay in Australia for up to five years from the date of grant.

There are three (3) streams that applicants may apply for a Subclass 494 Visa.

Stream 1: Employer Sponsored Stream

This stream is for applicants who wish to be sponsored by their employer to address identified labour shortages within their region only in occupations listed on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL). Applicants under the Employer Sponsoredstream may be granted to stay in Australia only in designated regional areas for a maximum of five(5) years.

Stream 2: Labour AgreementStream

This stream is for applicants who wish to be sponsored by their employer who has a labour agreement for period of up to five (5) years in occupations listed on the Medium and Long-Term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL).

Stream 3: Subsequent Entrant Stream

This stream is for applicants who are members of the family unit of a SESR visa holder who are applying separately for their SESR visa and wish to join the primary SESR visa holder in Australia.

What is the Application Process for Skilled Employer-Sponsored Regional (Provisional) visa Subclass 494 streams

1. Sponsorship Requirements

The Applicant (the Australian business) who wishes to sponsor prospective overseas workers to work in Australia must first become a Standard Business Sponsor. 

If the business has previously utilized the Subclass 457 visas or Subclass 482 (TSS) visa program to sponsor their foreign employees and still has a valid and current Sponsorship approval, they may continue to use it for the Subclass 494 (SERS) program. 

• In order for an application for a Standard Business Sponsor to be approved, the Applicant must satisfy the following requirements: 

• The Applicant is lawfully operating a business (whether in or outside Australia); 

• The Applicant has attested, in writing, that the Applicant has a strong record of, or a demonstrated commitment to, employing local labour; 

• The Applicant has declared, in writing, that the Applicant will not engage in discriminatory recruitment practices; and 

• Either:

  • There is no adverse information known to Immigration about the Applicant or a person associated with the Applicant; or 

  • It is reasonable to disregard any adverse information known to Immigration about the Applicant or a person associated with the Applicant. 

2. Nomination Requirements for the Subclass 494 Visa

Only the following parties can apply for a Nomination application under Subclass 494 visa: 

• A standard business sponsor; 

• A person who has applied to be a standard business sponsor; 

• A party to negotiations for a work agreement (other than a Minister) (for the Labour Agreement Stream)
  

The nomination application must be accompanied by the nomination training contribution charge, known as the Skilling Australian Fund levy (SAF).

The application must also clearly identify the position being nominated, the Nominee, the occupation in relation to the position, the circumstances in which the nominee is to be employed in; and that the location of employment is positioned in a Designated Regional Area.

In addition, there must also be a written certification by the Nominator included in the application stating that the Nominator has not asked for or received any benefit in return for the occurrence of a sponsorship-related event. 

Regional Certifying Body (RCB)

For a nomination to be approved under the employer-sponsored stream, the position being nominated must be assessed and approved by a regional certifying body (RCB).

3. Visa Requirements for the Subclass 494 Visa

A Subclass 494 visa application can only be granted if: 

• The nomination has been approved by the Minister and has not subsequently been withdrawn; 

• The application for the visa is made no more than 12 months after the Minister approved the nomination; 

• The Minister is satisfied that the applicant’s intention to perform the nominated occupation is genuine and the position associated with the nominated occupation is genuine; 

• The applicant has satisfied the Minister that he or she has the skills, qualifications, and employment background necessary to perform the tasks of the nominated occupation. 

A primary visa applicant in an application made on or after 14 December 2015 must declare whether or not they have engaged in conduct in relation to the application that constitutes a contravention of s 245AS (1) of the Migration Act. The application becomes invalid if the applicant fails to make a declaration. 

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