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:
Nomination, application processes, and sponsorship obligations largely mirror those applicable to subclass 457 and subclass 482 sponsorship
The position must genuine, full time and likely to exist for five years
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
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
SAF charges: $3000 for businesses with a turnover of less than $10 million, or $5000 for others
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
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
Subclass 494 visa holders will be provided with 90 days to find another employer if they cease employment with their sponsor
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:
Must not have turned 45 at time of application
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 occupationNominated occupation to be specified by corresponding 6-digit ANZSCO code
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 thisEmployer 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
Employer sponsored stream - health PIC 4007; Labour agreement stream - health PIC 4005
Character PIC apply to all primary applicants and members of the family unit whether applicants or not
May apply and be granted inside or outside Australia, but not in immigration clearance
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
Temporary visa - five (5) years validity
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
Conditions 8578, 8579, 8580, 8581 and new Condition 8608 must be imposed
i. notify immigration of any change, within 14 days of the change occurring (i.e. residential address, email address, phone number, passport details, etc.)
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 writingi. Requires to attend interview if requested in writing by the Department
1. Face to face or by video conference
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
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
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)
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
Safe Haven Enterprise Visa holders or past holders may apply for a Subclass 494 visa, subject to meeting prescribed requirements
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
Holders of 494 are entitled to medicare
Instruments To Be Aware of Regarding Subclass 494 Visa
Migration (LIN 19/212: Specification of Exempt Occupations) Instrument 2019
Migration (LIN 19/260: Assessing Authorities for Subclass 494 Visas) Instrument 2019
Migration (LIN 19/219: Occupations for Subclass 494 Visas) Instrument 2019
Health Insurance (Eligible persons and Holders of Skilled Work Visa (subclass 491 and 494)) Order 2019 – eligible to apply for Medicare
Migration (LIN 19/214: Regional Certifying Bodies) Instrument 2019 – regional certifying bodies for 494 visa
LIN 19/211: Arrangements for Skilled Employer Sponsored Regional (Provisional) Visa Applications) Instrument 2019 – how to make a valid application for subclass 494
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.