Subclass 494 Skilled Employer Sponsored Regional

The Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa subclass 494 was opened for new applications from 16 November 2019. It replaces the Regional Sponsored Migration Scheme (RSMS) visa subclass 187.

The Subclass 494 Skilled Employer Sponsored Regional visa allows skilled workers to be sponsored by an Australian employer in a designated regional area for up to five years. To be eligible to apply for the subclass 494 visa, employer sponsors and visa applicants must meet certain eligibility criteria.

With this visa you can live, work and study in designated regional areas of Australia only (designated regional areas are defined as any area excluding Sydney, Melbourne and Brisbane – Note: Gold Coast is classified as a regional area).

Unlike the RSMS 187 visa, the 494 visa does not grant immediate permanent residency, however a 494 visa holder may be eligible to apply for the new Permanent Residence (Skilled Regional) Visa (subclass 191) (open to applications from 16 November 2022), when the following is met:

The visa holder has worked in the designated regional area for at least 3 years, whilst holding a 494 visa;
Have earned the minimum taxable income for at least 3 years as the holder of a regional provisional visa; and
Both primary and secondary applicants have complied with the conditions of the eligible visa.

The 494 visa is advantageous as it is open to an extensive amount of occupations that are not otherwise available in other visa programs. Contacting a skilled migration agent who can put together a clear plan for pursing the subclass 494 is an important first step.

If you believe you qualify for the above visa and want some further information and assistance, please contact us via our online enquiry form.

This is a great opportunity for regional migrants especially with the entire Gold Coast region being open to the subclass 494 program. Contact us now to get started on your progress towards permanent residency.

Subclass 494 visa for the Gold Coast

457 to Permanent Residence

The subclass 457 visa program was closed to new applications from 18 March 2018. To transition from a subclass 457 to permanent residence can be complicated.

Current 457 visa holders

If you currently hold a subclass 457 visa and are seeking to transition to permanent residence we can assist. Whether 457 to permanent residence transition is possible will depend on a number of factors including:

nominated occupation your 457 was approved under;
support from your 457 approved sponsor; and
the date of 457 visa approval and/or application.

Previous 457 visa holders

If you held a 457 visa but now hold a subclass 482 TSS visa, there may still be concessions for you to transition to permanent residence.

To ensure you do not miss out on an opportunity, please contact us via our online enquiry form and we can look to arrange a consultation and discuss you your options.

Employer Nomination Scheme

Employer Nomination Scheme – Permanent Visa

The Employer Nomination Scheme subclass 186 visa (ENS) is a permanent migration visa. As the name suggests it requires nomination from an Australian employer. The process is similar to the subclass 457 program (closed to new applications) and TSS visa being that an Australian employer must lodge an application for approval of nomination for the skilled position and the skilled worker lodges a visa application to fill the nominated position. Within the program there are three distinct streams:

Temporary Residence Transition;
The Direct Entry; and
The Labour Agreement.

Temporary Residence Transition (TRT) Stream

The TRT stream is for skilled workers that hold a subclass 457 or TSS Visa subclass 482 visa and have been working in the skilled position with the same nominating employer for at least 3 years. Changes were made on 18 March 2018 following the Australian Governments reform to skilled employer sponsored visas. As a result of these changes there are a number of variations to the eligibility for ENS under the TRT stream. The pathway to pursue and whether an individual is eligible depends on a number of factors.

There are exceptional circumstances where the TRT stream may be satisfied if the employer has changed but the position has remained the same.

Direct Entry (DE) Stream

The DE stream is for skilled workers located in or outside Australia which are nominated by an Australian employer for a skilled position. Changes were also made to the DE stream requirements on 18 March 2018.

Labour Agreement Stream

The Labour Agreement stream is for applicants which may not satisfy the requirements of TRT or DE Streams and demonstrate special exemptions that have been approved by the Minister for Immigration.

Each business and individual circumstances must be taken into account when selecting and pursing an Employer Nomination Scheme visa application. Failure to identify and pursue the correct stream can be costly and significantly complicate what could otherwise be a positive application decision. With the reform changes and transitional arrangements in place for previous 457 visa holders, it is more important than every to seek professional assistance before commencing the process for ENS.