Subclass 494 — Skilled Employer Sponsored Regional (Provisional) visa

Eligibility snapshot

General information only — not immigration assistance or legal advice. The Skilled Employer Sponsored Regional (Provisional) visa, subclass 494, is generally aimed at skilled workers who have been nominated by an approved business to fill a position located in a designated regional area of Australia. In broad terms, it is a provisional (temporary) visa that lets a holder live and work in regional Australia for around five years and can open a pathway toward permanent residence through the Permanent Residence (Skilled Regional) visa, subclass 191. In general terms, the pieces that typically need to line up are: an Australian employer that has been approved to sponsor and has lodged an approved nomination for the role; an occupation that fits the relevant skilled occupation arrangements for this visa; a suitable skills assessment for that occupation where one is required; competent English; and the applicant being within the relevant age range, unless an exemption applies. Applicants also typically need to meet health and character requirements, and the nominated position usually has to be in a designated regional area. The employer sponsorship and nomination steps generally come before, or alongside, the visa application itself, so the process is usually a multi-party one rather than something an individual completes alone. Exact criteria, occupation arrangements, regional-area definitions, age limits and English standards change over time and depend heavily on individual circumstances. Always check the official Home Affairs page for the subclass 494 for current requirements, and a registered migration practitioner can advise on how the rules apply to a particular situation.

Frequently asked questions

Health examinations and character checks

The subclass 494 is a provisional visa for skilled workers sponsored by an employer to live, work and study in a designated regional area, and like other skilled visas it is subject to Australia's general health and character requirements. Applicants, and family members included in the application, are generally asked to meet the health requirement, which is usually confirmed through health examinations. Inside Australia these examinations are arranged through the Department's migration medical services provider, and outside Australia they are carried out by a Department-approved panel physician or clinic. Applicants who are asked to have examinations are typically issued a reference identifier (a HAP ID) used to book and manage the examination. The exact examinations required depend on factors such as an applicant's circumstances, and the results are assessed by a Medical Officer of the Commonwealth against the health requirement. For the character requirement, applicants are generally asked to satisfy the character test set out in the Migration Act 1958. Depending on a person's history, the Department may ask for police certificates - these are commonly requested from people over 17 who have lived in a country, including Australia, for 12 months or more in the past 10 years - and may ask for additional information or forms as part of a character assessment. Because health and character clearances can take time to obtain and assess, they are a common reason applications remain under assessment. Requirements and processes are set out on the Department of Home Affairs pages and can change, so the official pages are the authoritative source. This is general information only and is not immigration assistance or legal advice.

Health insurance and Medicare

The Department of Home Affairs states that, in the majority of cases, visitors to Australia do not have access to Medicare and are therefore responsible for the costs of hospital, medical and related health care they receive in Australia. People in this position are strongly encouraged to arrange private health insurance so they are covered for any unplanned medical or hospital care. Australia has Reciprocal Health Care Agreements with a number of countries. People from a country covered by such an agreement may be able to access some Medicare-funded care while in Australia, while people from countries without an agreement generally have to pay the full cost of care. Details of these agreements are administered through Services Australia. The Department publishes guidance on what it considers an adequate level of health insurance. It notes that even where cover is held, healthcare costs are unlikely to be covered completely, and a person may still be liable for the balance after an episode of care, which is why understanding the costs of treatment in advance is encouraged. Applicants are also reminded that they are financially responsible for any health care debts they incur in Australia, and that outstanding health debts may be taken into account in any future visa application. This is general information only and is not immigration assistance or legal advice.

Government visa application charge

The main government cost for this visa is the Visa Application Charge set by the Department of Home Affairs. This is separate from, and additional to, any fee charged by an independent service or platform. The Department publishes the current figures on its pricing pages and through the Visa Pricing Estimator, which are updated from time to time. The Visa Application Charge is generally payable in two instalments (either of which may be nil). A first instalment is generally payable when the application is made, and a second instalment, where it applies, is payable before the visa is granted; the Department notifies applicants when a second instalment is due. The Department notes that for some visas the second instalment can be a significant amount, so it should be checked before applying. A charge generally applies both to the main applicant and to each additional applicant included in the application, with different amounts commonly applying depending on whether an additional applicant is 18 years or over. A subsequent temporary application charge may also apply to some applicants based on their individual visa history. Employer-sponsored visas can also involve fees that a sponsoring employer or nominator may be required to pay, which are separate from the applicant's Visa Application Charge. Because these figures change, the current amounts should be confirmed using the Department's official pricing tools before applying. This is general information only and is not immigration assistance or legal advice.

Visa validity and processing

The subclass 494 is a provisional (temporary) visa. According to the Department of Home Affairs, it generally allows the holder to live, work and study only in a designated regional area of Australia for five years, and to travel to and from Australia during that period. This visa is described by the Department as a pathway that can lead to permanent residence. Holders who are eligible may be able to apply for permanent residence after three years from the date the visa is granted, commonly through the Permanent Residence (Skilled Regional) visa (subclass 191). Processing times vary between applications and are affected by factors such as how complete the application is at lodgement, the employer's nomination, and an applicant's individual circumstances. The Department publishes indicative processing times, which are updated regularly, so the official processing-times information is the current reference. Applicants are generally encouraged to lodge a complete application. Health examination results are generally valid for around 12 months, so timing examinations relative to expected processing is something applicants are usually asked to consider. This is general information only and is not immigration assistance or legal advice.

Visa conditions that generally apply

The Department attaches conditions to this provisional visa, and the conditions that apply are shown on the visa grant notification and can be checked using the Department's online visa conditions tool. The most significant is the regional living and working condition (condition 8579), under which the holder is generally expected to live, work and study only in a part of Australia that was a designated regional area at the time the visa was granted. In practice this generally means living at a residential address in a designated regional area and carrying out usual work duties from a work location in such an area, while still allowing for incidental activities elsewhere. A notification condition (condition 8578) generally requires the holder to tell the Department if their passport or contact details change. Related conditions in the regional framework generally require the holder to provide evidence of their residential, study or work address when asked (condition 8580), and to attend an interview if the Department requests one in writing (condition 8581). A separate condition can also require the holder to work only in the nominated occupation. Because the exact conditions depend on the individual grant and can change over time, the authoritative list for any particular visa is the grant letter together with the Migration Regulations 1994 (Schedule 8), which sets out the wording of each numbered condition. Applicants are generally advised to read every condition shown on their own grant, because not meeting a visa condition can put the visa at risk of cancellation. This is general information only and is not immigration assistance or legal advice.

Eligibility in general terms

This visa has two streams. The Employer Sponsored stream is for skilled workers nominated by an approved regional employer to fill a position that cannot be filled from the local labour market. The Labour Agreement stream is for workers nominated by an employer that has a formal labour agreement with the Australian Government, which can allow concessions to some standard criteria (for example relating to English, work experience, salary or age). A separate, approved employer nomination generally underpins the visa application in both streams. Age is a core factor. Applicants are generally expected to be under 45 years of age at the time of application, unless an exemption applies. Decision-makers also generally look at the nominated occupation, which must appear on the relevant approved occupation list for this visa (specified by legislative instrument), and at a suitable skills assessment from the relevant assessing authority for that occupation. English language ability is generally assessed against a required standard, which applicants typically demonstrate through an approved English test or an accepted exemption. Decision-makers also generally consider whether the applicant has genuinely held qualifications and work experience for the nominated occupation, and whether the applicant and included family members genuinely intend to live, work and study in a designated regional area. These points describe the framework in general terms only and are not a personal assessment of any individual's eligibility. The applicable requirements are set out in the Migration Regulations 1994 and the current legislative instruments, and the official visa pages describe the criteria for each stream. This is general information only and is not immigration assistance or legal advice.

Family members and what the visa allows after grant

Members of the family unit can generally be included in the application, typically a partner and dependent children (which can include the applicant's or the partner's child or step-child). Family members can be included when the application is first made, or in some cases apply later as subsequent entrants to join the primary visa holder, provided they were previously declared. Included family members are generally expected to meet health and character requirements. Once granted, the visa is provisional and generally allows the holder to stay for five years, and to work and study, but only in a designated regional area consistent with the visa conditions. Holders can generally travel in and out of Australia while the visa is valid, again subject to the regional living and working requirements that apply while in Australia. Holders of this visa may be able to enrol in Medicare, Australia's public health scheme, because the subclass is among the temporary-resident visas covered by a Ministerial Order for Medicare purposes; enrolment and eligibility are handled by Services Australia. Holders are also generally expected to keep meeting their visa conditions throughout the visa period. This visa is designed as a pathway to permanent residence. After holding the visa for a qualifying period (generally at least three years from grant) and meeting the relevant requirements, including income and regional residence requirements, a holder may become eligible to apply for the Permanent Residence (Skilled Regional) visa (subclass 191). Meeting the provisional visa's conditions over that period is generally relevant to the later permanent application. This is general information only and is not immigration assistance or legal advice.

Common refusal reasons and review at the Administrative Review Tribunal

Official and tribunal material indicates that applications of this type are commonly refused for factual reasons such as the nominated occupation not being on the relevant approved list, a skills assessment that is not positive or not valid for the occupation, or the required English standard not being met. Applications can also be refused where an associated employer nomination is not approved or has ceased, where health or character requirements are not met, or where the decision-maker is not satisfied the position or the applicant's intention to live and work in a regional area is genuine. Incomplete, incorrect or unsupported information can also lead to refusal. If a decision is unfavourable, merits review may be available at the Administrative Review Tribunal (ART). The decision letter from the Department states whether the decision can be reviewed and who is able to apply. Review at the ART generally involves the Tribunal looking again at the decision on its merits based on the applicable law and the material before it. Strict time limits apply to lodging a review application, and these are stated in the Department's decision letter; for migration decisions made under Part 5 of the Migration Act the fee generally must be paid before that deadline and the time limit generally cannot be extended. An application fee generally applies to migration reviews, with a reduced fee possible in cases of financial hardship and a refund available in certain outcomes. Current fees, time limits and how to apply are published on the ART website. This information is factual and neutral and is not advice or a prediction about any particular case. This is general information only and is not immigration assistance or legal advice.

Costs in general terms

The main government cost is the Visa Application Charge (VAC), set by the Australian Government and payable to the Department of Home Affairs. It is made up of a base application charge for the main applicant, plus an additional applicant charge for each family member included in the application, with a higher rate for additional applicants aged 18 and over and a lower rate for those under 18. Exact current amounts are published on the Department's current visa pricing page and vary over time, so figures are not reproduced here. A second instalment of the VAC can apply before grant for applicants aged 18 or over who do not have functional English at the time of decision; this can be avoided where functional English is demonstrated in an accepted way. Family members who apply later as subsequent entrants are generally charged their own application charge at that time. Depending on the payment method used, a non-refundable payment surcharge may also apply on top of the charge. Visa application charges are generally not refunded even if an application is refused or withdrawn, so applicants are generally encouraged to check requirements before lodging. Beyond the government charge, applicants commonly incur separate third-party costs, such as skills assessment fees paid to the relevant assessing authority, health examination costs, police certificate fees, and English test fees. Any service or platform fee charged by an independent provider is separate from, and additional to, the Australian Government's Visa Application Charge, and should never be confused with the government charge or the government's fees for other services such as tribunal review. This is general information only and is not immigration assistance or legal advice.