New Subclass 494 Visa Replaces RSMS Subclass 187 Visa

Following our news update on the new regional visas, as of 16 November 2019, the Skilled Sponsored (Regional) Subclass 494 visa came into effect and has replaced the RSMS Subclass 187 visa.

What Do We Know So Far About the New Skilled Sponsored (Regional) Subclass 494 Visa?

The Subclass 494 has 2 streams – Employer Sponsored Stream and Labour Agreement Stream.

Employer requirements for the Subclass 494 Visa:

  1. Nomination, application processes, and sponsorship obligations largely mirror those applicable to subclass 457 and subclass 482 sponsorship

  2. The position must genuine, full time and likely to exist for five years

  3. Annual market salary rate (AMSR) must not be less than TSMIT $53,900; annual earnings including non-monetary benefits must not be less than AMSR unless nominated under the Labour Agreement stream; and terms and conditions no less favorable than for Australian employees must be provided

  4. Minister must be advised by a 'body' (RDA/RCB) with the responsibility for that part of Australia, that the nominee will be paid at least the AMSR

  5.  SAF charges: $3000 for businesses with a turnover of less than $10 million, or $5000 for others

  6.  Cost of fees and nomination training contribution charge (SAF levy) cannot be recovered from the overseas worker or third party - amendment to Reg 2.87S

  7.  If nominating an existing Subclass 494 visa holder, the new sponsor is expected to assume the sponsorship obligations for family members who already hold a Subclass 494

  8.  Subclass 494 visa holders will be provided with 90 days to find another employer if they cease employment with their sponsor

  9. Visa can be canceled if the sponsor provides false and misleading information, fails to meet sponsorship obligations, is canceled or barred from being a sponsor or where a party to a labor agreement, it is terminated, suspended or ceased

Applicant requirements for the Subclass 494 Visa:

  1. Must not have turned 45 at time of application

  2. Employer sponsored stream - must have a skilled occupation on an applicable list and have valid, suitable skills assessment;
    a) Labour agreement stream - may be required to demonstrate has necessary skills to perform tasks of the nominated occupation

  3. Nominated occupation to be specified by corresponding 6-digit ANZSCO code

  4.  Must have been employed in the nominated occupation for at least three years on a full-time basis and at the level of skill required for the occupation;
    a) Labour agreement stream - unless Minister considers it reasonable not to require this

  5.  Employer sponsored stream - applicant must have competent English at time of application unless specified in a legislative instrument by the Minister;

    a) Labour agreement stream - English language skills suitable to perform the nominated occupation

  6.  Employer sponsored stream - health PIC 4007; Labour agreement stream - health PIC 4005

  7.  Character PIC apply to all primary applicants and members of the family unit whether applicants or not

  8.  May apply and be granted inside or outside Australia, but not in immigration clearance

  9. Must be the holder of substantive visa or BVA, BVB or BVC to apply onshore

Factors To Be Aware of About the Subclass 494 Visa

  1. Temporary visa - five (5) years validity

  2. Conditions 8503 and 8534 – ‘no further stay’ may be waived where that visa holder has a genuine intention to apply for a Subclass 494 visa

  3. Conditions 8578, 8579, 8580, 8581 and new Condition 8608 must be imposed

    a.     Condition 8578

    i.     notify immigration of any change, within 14 days of the change occurring (i.e. residential address, email address, phone number, passport details, etc.)

    b.     Condition 8579

    i.     Requires applicant to live, work and study (where relevant) in designated regional area

    ii.     Permits visa holder to move between designated regional areas

    iii.     Prevents visa holder from accessing any other skilled migration visa for at least three years

    iv.     Cancellation provisions may apply if not compliant with Condition 8579

    c.      Condition 8580
    i.     Requires to provide the Department, within 28 days, with visa holder’s residential address, address of employer, address of the location of position employed in, address of any educational institution attended by visa holder if requested in writing

    d.     Condition 8581

    i.     Requires to attend interview if requested in writing by the Department

    1.     Face to face or by video conference

    e.     Condition 8608

    i.     Must only work in the nominated occupation while holding most recent subclass 494

    ii.     Must only work in the position in the nominating business or associated entity unless:

    1.     occupation specified by the Minister

    2.     visa holder is continuing to work for a person for the purpose of fulfilling a requirement under law relating to industrial relations and relating to the giving of notice

    iii.     must commence work within 90 days of visa grant (if in Australia) or 90 days of arrival (if outside Australia)

    iv.     must not cease employment for more than 90 consecutive days

    v.     must obtain and continue to hold any relevant occupational licenses, registrations and memberships

  4. Visa can be canceled if the visa holder did not have a genuine intention at the time of grant to perform the nominated occupation or ceased to have a genuine intention to perform that occupation or the position was not genuine

  5. VAC - Base application charge:

    • primary applicant $3,755,

    • additional applicant over 18 years: $1,875,

    • under 18 years: $940 (*Minister of Religion or member of their family unit VAC: nil)

  6. Second VAC installment if required:

    • Primary applicant less than functional English over 18 years: $9,800;

    • secondary applicants over 18 years $4,890;

    • any other applicant: nil

  7. Safe Haven Enterprise Visa holders or past holders may apply for a Subclass 494 visa, subject to meeting prescribed requirements

  8. Holders of 494 visas after 3 years and substantially complied with the conditions of the visa as well as condition 8579 may be eligible to apply for Subclass 191 visa

  9. Holders of 494 are entitled to medicare

Instruments To Be Aware of Regarding Subclass 494 Visa

  1. Migration (LIN 19/212: Specification of Exempt Occupations) Instrument 2019

  2. Migration (LIN 19/260: Assessing Authorities for Subclass 494 Visas) Instrument 2019

  3. Migration (LIN 19/219: Occupations for Subclass 494 Visas) Instrument 2019

  4. Health Insurance (Eligible persons and Holders of Skilled Work Visa (subclass 491 and 494)) Order 2019 – eligible to apply for Medicare

  5. Migration (LIN 19/214: Regional Certifying Bodies) Instrument 2019 – regional certifying bodies for 494 visa

  6. LIN 19/211: Arrangements for Skilled Employer Sponsored Regional (Provisional) Visa Applications) Instrument 2019 – how to make a valid application for subclass 494

  7. LIN 19/217: Regional Areas Instrument 2019 – Postcodes specified for regional areas

How can we help you?

If you are looking to lodge the RSMS visa but have run out of time or would like to know more about the new Skilled Sponsored (Regional) Subclass 494 visa, you can contact us on +61 2 7200 2700 or email us at info@ahclawyers.com.

We speak fluent English, Korean, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.

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