January 2nd, 2024 at 01:20 am
The Best Stream Under The Subclass 494 Skilled Visa | Australia Immigration Guide
The subclass 494 visa is a temporary residency visa for qualified professionals. It is open to both skilled individuals who are currently living and working in Australia as temporary residents and skilled workers who live and work outside of Australia. To qualify for this visa, a worker must be skilled in an occupation on the Regional Occupation List and have a nomination from an employer in a specific regional area.
The Skilled Employer Sponsored Regional (Provisional) (subclass 494) Visa allows regional firms to solve identified labor shortages in their region by sponsoring skilled workers if employers are unable to find sufficiently skilled Australian workers.
Once a 494 visa is granted, the visa holder can stay in Australia for up to five years as long as they continue to work in the chosen regional area, with a permanent residency track available after three years. Dependent family members may be included, but they must also live, work, and study in a specified regional area.
Subclass 494 Visa Streams
The subclass 494 visa is divided into two categories:
- The Employer Sponsored Stream; and
- The Labour Agreement Stream
Although both streams have comparable qualifications and qualifying criteria, there are a few differences between them.
The Employer Sponsored Stream
Employer-sponsored applicants for this stream must:
- They must be nominated to work in an occupation on the appropriate skilled occupation list
- Have at least three years of relevant work experience in their nominated occupation.
- Unless exempt, have an appropriate skills assessment.
- They solely work for their sponsor or a related organization.
- Unless an exemption exists, you must be under the age of 45.
- Meet the minimal English language competence requirements
Holders of this visa are only permitted to live, work, and study in Australia’s designated regional areas for five years. Except for Sydney, Melbourne, and Brisbane, all of Australia is designated as a regional area. If eligible, a subclass 494 visa holder may apply for permanent residence three years after the visa is granted.
The Labour Agreement Stream
This stream is for skilled individuals who have been nominated by their employers and are covered by a labor agreement. Labor agreements are legal contracts signed by the Australian Government and companies that allow international workers to be sponsored for a skilled visa, allowing them to work in Australia for a set amount of time in an allowed occupation.
Employers may be able to obtain certain ‘concessions’ relating to nomination or visa conditions, subject to talks with the Australian Government. Concessions refer to any changes to the conditions outlined in migration legislation for the age, skills, credentials, work experience, degree of English language proficiency, labor market testing, and salary required for the nomination and award of a subclass 494 visa.
Those sponsored via the Labour Agreement stream, like those sponsored under the Employer Sponsored stream, can live, work, and study in their assigned regional area of Australia for five years. After three years, if they are eligible, they can seek permanent residence.
Applicants for this stream must meet the following requirements:
- Be nominated by the labor agreement to work in a specified occupation.
- Have at least three years of relevant work experience in their nominated occupation
- Have an appropriate skills assessment if indicated in the labour agreement
- Only Work for their sponsor
- Be under 45 years old unless otherwise specified in the labor agreement, sometimes known as an age concession.
- Meet the minimal English language competence requirements
Subsequent Participants
Family members typically apply for the same visa as the lead visa applicant. This may not be possible in other cases. This can happen if the family’s makeup changes after:
- The primary visa applicant has already submitted their subclass 494 visa application, and the Department of Home Affairs has yet to make a decision
- The primary visa holder has already been awarded a subclass 494 visa.
When this occurs, any individual who wishes to accompany a member of their family on their visa is required to submit their visa application and submit it individually. The term for this type of participant is a subsequent entrant.
The family unit of a person who is already in possession of a subclass 494 visa who has applied for their own subclass 494 visa independently and who intends to join the person who was already in possession of a subclass 494 visa in Australia is eligible for the Subsequent Entrant visa.
Individuals who are in possession of a subclass 494 Subsequent Entrant Visa are permitted to reside, work, and study in Australia for a period of up to five years in the territory of their choice.
Selecting the subclass 494 visa stream for which to submit your application can be a challenging decision. Employing the services of a registered migration agency will ensure that you submit your application for the subclass 494 visa stream that is most suitable for your circumstances.
How to apply for a Subclass 494 Visa
A nomination from the applicant’s employer is required to be submitted before the applicant can submit an application for a temporary visa. It is expected that this nomination will provide an overview of the nominated occupation, the terms, and circumstances of employment, as well as the financial feasibility of the enterprise up for nomination. In addition, employers are required to provide specifics regarding the circumstances that led to the availability of the post and to provide a justification for the necessity of recommending the candidate. Both the nomination and the levy for the Skilling Australia Fund need to be submitted together. An application for a visa that corresponds to the visa can then be submitted.
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