Subclass 494 - Skilled Employer Sponsored Regional (Provisional)

Subclass 494 – Skilled Employer Sponsored Regional (Provisional)

• Commences 16 November 2019,

• 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.

MIA EXTRACT.