494 visa - Skilled Employer Sponsored Regional (Provisional) | MJLegal
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494 visa - Skilled Employer Sponsored Regional (Provisional) visa

This is a temporary visa for skilled workers looking for work in regional Australia. This visa allows skilled individuals to live and work in Australia for up to 5 years. This visa leads you to permanent residency under the SC 191 - Permanent Residence (Skilled Regional) visa.

The 494 visa has around 10,000 places allocated per year. This visa is part of the Australian government's initiatives to encourage skilled professionals to live and work in the country's regional areas thereby aiding regional economic development. 

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494 visa basic requirements

  • Be nominated by an employer based in a designated regional area of Australia

  • Be under 45 years of age unless exempted

  • Have a positive skill assessment

  • Be employed in the nominated occupation for at least 3 years

  • Meet the English language requirement (IELTS 6.0)

Visa Streams

The 494 visa has two different streams, each having stream specific requirements. 

  • Employer-Sponsored Stream 

  • Labour Agreement Stream 

The Employer Sponsored stream is open to all Applicants who have at least 03 years of work experience in an occupation in the skilled occupation list and are being sponsored by their regional employer. 

To apply under the labour agreement stream, your employer must have entered into a labour agreement with the Australian government. 

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Genuine Position Statement

The Sponsoring business is required to provide evidence that the position for which the Applicant is nominated is genuine, directly related to the business's operations, and essential for the ongoing functioning of the business.

The following should be included in the genuine position statement. 

  • The nature of the company and its requirement for the nominated occupation

  • The essential skills and expertise for the nominated occupation and the salary.

  • The steps taken by your sponsor to fulfil the labour market testing requirements

Labour Market Testing

All employers who wish to sponsor employees on the SC 494 visa are obliged to conduct a labour market test in Australia.

A labour market test is done to examine the kind of labour available in the market and must establish that the nominated position that you are applying for, cannot be filled by an eligible Australian Citizen or Permanent Resident.

In order to meet this requirement, your sponsor is required to advertise the position in public media as per the regulations set forth for labour market testing. 

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