Employer Sponsored Visa
(Subclass 482, Subclass 494, Subclass 186)
Australia’s employer sponsored visa programs allow Australian businesses to sponsor skilled overseas workers to fill positions that cannot be filled by the local labour market.
These visa programs are designed to support Australian employers facing skill shortages while providing overseas professionals with opportunities to work and potentially settle in Australia.
General Employer Sponsored Migration Process
Employer sponsored migration generally involves three key stages (except the Subclass 186 visa, which has only nomination and visa application stages):
1. Sponsorship – the employer must first be approved as a Standard Business Sponsor (or have an approved labour agreement).
2. Nomination – the employer nominates a specific position to be filled by an overseas worker.
3. Visa Application – the nominated worker applies for the relevant visa.
3. Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494)
The Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494) allows Australian employers located in designated regional areas to sponsor skilled overseas workers to fill positions where they cannot find suitably qualified Australian workers.
This visa allows the holder to live, work and study in regional Australia for up to five years, travel freely during the visa validity period, and potentially apply for permanent residency after meeting eligibility requirements.
It is designed to address skill shortages in regional Australia while encouraging migrants to contribute to regional economic development.
The Subclass 494 Visa Generally Involves Three Stages
Sponsorship
Before an overseas worker can apply for the Subclass 494 visa, the employer must first meet the sponsorship requirements.
• The sponsoring employer must be a business that is lawfully operating in Australia.
• The employer must either be an approved Standard Business Sponsor or have applied to become one.
• The employer must demonstrate that there is a genuine need for a skilled worker to fill a position located in a designated regional area of Australia.
• The employer must comply with Australian workplace and immigration laws.
• The employer must ensure that the sponsored position meets relevant salary and employment conditions.
• Sponsorship obligations include ensuring the worker is employed in the nominated occupation and that employment conditions are consistent with Australian labour standards.
Nomination
• The employer must submit a nomination application for the specific position to be filled by the overseas worker.
• The nominated occupation must be listed on the relevant skilled occupation list.
• The position must be located in a designated regional area.
• The employer must also demonstrate that the position is genuine and that the overseas worker will be employed in that occupation within the sponsoring business.
Visa Application
Once the nomination is lodged, the overseas worker can apply for the Subclass 494 visa. Applicants generally must:
• Be under 45 years of age
• Have at least three years of relevant work experience
• Obtain a positive skills assessment for the nominated occupation (unless exempt)
• Demonstrate competent English
• Meet health and character requirements
There Are Three Streams Under the Subclass 494 Visa
Employer Sponsored Stream
The Employer Sponsored Stream of the Subclass 494 visa allows regional Australian employers to sponsor skilled overseas workers to fill genuine positions where suitably qualified Australian workers are not available.
• To be eligible for this visa, the applicant must be nominated by an approved sponsoring employer whose business is lawfully operating in Australia.
• The nominated occupation must be listed on the relevant skilled occupation list and located in a designated regional area.
• Have at least three years of relevant work experience.
• Obtain a positive skills assessment for the nominated occupation (unless exempt).
• Generally be under 45 years of age.
• Demonstrate competent English.
• Meet health and character requirements.
Successful applicants can live, work and study in regional Australia for up to five years, must work only for their sponsoring employer, and may become eligible to apply for permanent residency after holding the visa for three years if the relevant requirements are satisfied.
Labour Agreement Stream
The Labour Agreement Stream of the Subclass 494 visa allows skilled workers to work in regional Australia when they are nominated by an employer who has a labour agreement with the Australian Government.
• To be eligible for this visa, the applicant must be nominated for an occupation specified in the labour agreement.
• The sponsoring employer must be operating lawfully in Australia and be a party to the approved labour agreement.
• Applicants must generally have at least three years of relevant work experience.
• Demonstrate the skills and qualifications required for the nominated occupation.
• Obtain a skills assessment if this is specified in the labour agreement.
• Usually be under 45 years of age unless the labour agreement provides an exemption.
• Meet the English language level required under the agreement.
• Satisfy health and character requirements.
Successful applicants can live, work and study in designated regional areas of Australia for up to five years, must work only for their sponsoring employer, and may become eligible to apply for permanent residency after holding the visa for three years if they meet the relevant requirements.
Subsequent Entrant Stream
This stream will not be listed here in detail.
The Subsequent Entrant Stream of the Subclass 494 visa allows eligible family members of a primary Subclass 494 visa holder to apply for the same visa separately in order to join the primary visa holder in Australia.
• To be eligible for this visa, the applicant must be a member of the family unit of a primary Subclass 494 visa holder or main applicant.
• The employer who sponsors the primary visa holder must provide written confirmation extending their sponsorship obligations to include the family member.
• Applicants must meet health and character requirements.
• Applicants must demonstrate functional English, or pay the second visa instalment if functional English is not met.
• Applicants aged 16 or over must sign the Australian Values Statement.
Successful applicants can live, work and study in designated regional areas of Australia for up to five years, travel in and out of Australia while the visa is valid, and may become eligible to apply for permanent residency with the primary visa holder through the Subclass 191 visa if the relevant requirements are met.