Skilled Employer Sponsored Regional Visa

Regional Australia for 494 purposes means everywhere in Australia except: greater Sydney (including Wollongong and Newcastle), greater Melbourne (including Geelong), greater Brisbane (including the Gold Coast and Sunshine Coast), and greater Perth. Everything outside those exclusion zones is regional, including the Australian Capital Territory, all of South Australia, Tasmania, the Northern Territory, and large parts of NSW, Victoria and Queensland.

The regional definition is broader than most people expect. Canberra qualifies as regional despite being the national capital. Adelaide qualifies despite being a major city. Regional Victoria includes cities like Ballarat, Bendigo and Geelong is also excluded. If you are unsure whether a specific postcode or LGA qualifies, we can confirm before you invest time in the sponsorship process.

Yes. For the Employer Sponsored stream, the nominated occupation must appear on either the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL). Combined, these lists are broader than those used for the 482 Skills in Demand visa, particularly covering more trade, agricultural, technical and engineering occupations that are in demand in regional areas but not always available for metropolitan sponsorship.

For the Labour Agreement stream, the occupation must appear on the specific occupation list in the relevant labour agreement, whether that is a DAMA, an industry labour agreement, or a company-specific agreement. This can provide access to occupations not on any standard list. If your occupation is not on the MLTSSL or ROL, we can check whether a labour agreement pathway exists or advise on other options.

The employer must pay at least the Temporary Skilled Migration Income Threshold (TSMIT), which from 1 July 2025 is $76,515 per year, or the Annual Market Salary Rate for the position and location, whichever is higher. The TSMIT is indexed annually and increases each year, so nominations lodged in future years will face a higher threshold.

Market salary means the employer cannot pay the overseas worker less than an equivalent Australian worker in the same role and location would earn, regardless of whether the TSMIT is met. In practice this means that if market rates in a regional area for a particular role sit above $76,515, the employer must pay the higher market rate. Under DAMA Labour Agreements, an approved concession of up to 10% below the TSMIT may apply for eligible occupations, bringing the effective minimum to approximately $68,864 for 2025.

Yes. However, you must not cease work in accordance with your Subclass 494 visa grant for more than 180 consecutive days and you should notify the Department as soon as possible and seek to obtain a new sponsor

The Skilling Australians Fund levy is a Government charge paid by the sponsoring employer when the nomination is lodged. For the Subclass 494, the levy is $3,000 per year of the visa for small businesses (annual turnover below $10 million) and $5,000 per year for all other employers. Because the 494 is a five-year visa, the levy is paid upfront in full at nomination: $15,000 for a small business and $25,000 for a larger employer per sponsored worker.

The $3,000 and $5,000 fees are one-off fees and are not calculated on a yearly basis.

It is illegal for an employer to pass the SAF levy on to the sponsored worker or to include contract clauses requiring the worker to repay the levy if they leave. Any such clause is unenforceable. The levy is a Government charge entirely separate from professional fees and is non-refundable regardless of outcome, including if the nomination or visa application is refused. If an employer has suggested you should pay or contribute to this cost, seek advice immediately.

The age requirement of under 45 applies at the time you lodge the visa application, not at the time of grant or during the visa period. Once your 494 is granted, turning 45 while you hold the visa does not affect the visa itself. You keep the full five-year grant regardless of age during that period.

There is no upper age restriction for the Subclass 191 visa”

A positive skills assessment from the relevant assessing authority is required for all 494 occupations. The assessing body depends on the occupation. Engineers are assessed by Engineers Australia. Accountants by CPA Australia, CAANZ or IPA. Tradespeople by Trades Recognition Australia. IT professionals by the Australian Computer Society. Chefs and cooks by Trades Recognition Australia. Each body has its own assessment criteria, documentation requirements, and processing times.

Processing times vary significantly. Some assessments take four to eight weeks; others can take four to six months or longer, particularly for complex cases or bodies with backlogs. Because the skills assessment must be positive before the visa application can be approved, a slow assessment creates the biggest delay in the overall timeline. Starting the skills assessment as early as possible, ideally before the employer begins the sponsorship process, is strongly recommended. We can advise which body applies and help identify any gaps in the documentation before lodgement.

The 494 requires Competent English, which is defined as an IELTS score of at least 6.0 in each of the four bands (listening, reading, writing and speaking), or an equivalent score in an accepted alternative test such as PTE Academic, TOEFL iBT, OET or Cambridge C1 Advanced. The requirement is per-band, not just an overall average, so a score of 7.0, 7.0, 7.0, 5.5 would not meet the standard even though the average is above 6.0.

Citizens of the United Kingdom, United States, Canada, New Zealand and the Republic of Ireland are exempt from the English test requirement. Certain other exemptions also exist, including applicants who have completed at least five years of full-time study where all tuition was delivered in English, and applicants who have held certain previous visas. Under a DAMA Labour Agreement, an English language concession to an average of IELTS 5.0 may be available for eligible occupations, which is a significant reduction from the standard requirement.

Yes, in full. The Australian Capital Territory is designated as a regional area for Subclass 494 purposes despite Canberra being the national capital and a substantial urban centre. ACT employers can sponsor workers under the 494 across both the Employer Sponsored and Labour Agreement streams, and workers in Canberra accumulate the regional work time toward the Subclass 191 permanent residency requirement.

This surprises many people who assume Canberra would be excluded like Sydney, Melbourne or Brisbane. It is not. The same applies to South Australia, Tasmania, and the Northern Territory, which are treated as entirely regional for 494 purposes regardless of whether work is performed in their capital cities.

Labour Market Testing is required for the vast majority of 494 nominations. The employer must demonstrate a genuine attempt to recruit Australian citizens or permanent residents before sponsoring an overseas worker. This typically means advertising the position through at least two approved channels for a minimum of 28 days within the four months before lodging the nomination, and keeping a full record of all applications received and documented reasons why Australian applicants were not suitable for the role.

Exemptions exist in specific circumstances, including where an international trade obligation applies under a free trade agreement, or where the nominee is an intra-company transferee in certain prescribed circumstances. Inadequate LMT documentation is one of the most common causes of nomination refusal. The documentation should be prepared with the Department's scrutiny in mind from the moment the first advertisement is placed, not assembled retrospectively after the decision to nominate has been made.

Yes. Your spouse or de facto partner and any dependent children can be included as secondary applicants in your 494 application. Secondary applicants are granted the same visa and can live, work and study in Australia for the full duration of the 494. Your partner is not restricted to your occupation or employer and can work in any industry. Children can attend Australian schools.

All secondary applicants must meet health and character requirements. Family members with complex health conditions or a character history should be assessed early, as these can delay or complicate the application. Secondary applicants must also reside in the regional area with the primary visa holder while the 494 is in effect. When you later apply for the 191 permanent visa, eligible family members can be included in that application as well.

The 494 process involves multiple sequential stages, each with its own timeline. Sponsorship approval for a new sponsor typically takes between two and eight weeks. Nomination assessment usually takes between two and twelve weeks depending on Department workload and case complexity. Visa application processing is the most variable and can range from one month to over twelve months depending on the applicant's country of origin, health assessment outcomes, and any character or identity issues.

The biggest source of delay outside the Department's control is usually the skills assessment, which must be positive before the visa can be granted. Depending on the assessing body and occupation, skills assessments can take four to six months or longer. Starting the skills assessment early, before or simultaneously with the sponsorship process, is the single most effective way to reduce overall wait time. For cases with offshore health assessments or complex backgrounds, planning for a total timeline of six to twelve months from starting the process is prudent.

Yes, if you and your employer meet the 494 eligibility requirements. This is not a transfer. The employer must be in a designated regional area, must nominate you in an eligible occupation, and you must lodge a new 494 visa application that satisfies all the standard requirements including skills assessment, English, age and salary. A fresh nomination fee and SAF levy are payable by the employer.

The compelling reason to make this move is the PR pathway. The 482 transitions to the 186 ENS, which requires employer nomination throughout. The 494 transitions to the 191, which does not. If your employer is regional and you want the independence of the 191 pathway at PR stage, switching to the 494 is worth assessing. The switch also gives you a fresh five-year visa term. Whether it is right for your situation depends on your occupation, how much 482 time you have remaining, and your points score for the 191.

After holding the 494 visa and living and working in a designated regional area for at least three years, you become eligible to apply for the Subclass 191 Permanent Residence (Skilled Regional) visa. The Subclass 191 visa allows people who have lived and worked in designated regional areas of Australia on the Subclass 494 visa for at least 3-years, to live and work in Australia permanently. Applicants for the Subclass 191 visa must have complied with the conditions of their Subclass 494 visa.

A key advantage of the Subclass 191 visa is that it does not require your employer to nominate you. This distinguishes it from the 482-to-186 pathway, where employer nomination is required at the PR stage. If your employment situation changes during your 494 period, you can still apply for the 191 provided you have met the three-year regional work and income requirements, even if you changed employers during that time (provided each employer was also in a regional area). Planning the 191 application well before the three-year mark, particularly for points strategy, is essential.

The 494 has two streams. The Employer Sponsored stream is the standard pathway where any approved Standard Business Sponsor operating in a regional area can nominate a worker in an occupation on the MLTSSL or ROL. This is the most commonly used stream and applies to the majority of 494 cases. The employer and worker must each meet the standard eligibility requirements without modification.

The Labour Agreement stream applies where the employer has entered into a formal labour agreement with the Department of Home Affairs, including a Designated Area Migration Agreement (DAMA), an industry labour agreement, or a company-specific labour agreement. This stream allows access to occupations not on the standard lists and may provide concessions to salary, age and English requirements that are not available in the standard stream. The Labour Agreement stream involves more complexity and a longer setup process, but opens pathways that are otherwise unavailable. If your occupation is not on the MLTSSL or ROL, or if standard eligibility requirements present a barrier, the Labour Agreement stream is worth exploring.

Yes. You do not need to be outside Australia to apply for the 494. Workers already in Australia on student visas, tourist visas, working holiday visas, bridging visas and other temporary visas can apply for the 494 if an eligible regional employer nominates them and they meet all the requirements. The visa application is lodged in Australia and, if granted, the 494 replaces the existing visa.

There are some restrictions that apply in specific circumstances. If your current visa was refused, cancelled or subject to a no-further-stay condition, you may be ineligible to apply onshore. If you hold a bridging visa following a refusal, the situation is more complex and depends on the specifics. Workers in Australia who have previously lodged protection applications may also face additional considerations. If you are on any visa other than a straightforward temporary visa with no adverse history, get advice on your specific situation before the employer begins the nomination process.

Approved sponsors have significant ongoing obligations that last for the entire sponsorship period. These include paying the worker at least the market salary rate at all times (not just the TSMIT minimum), ensuring the worker is employed in the nominated occupation, keeping accurate employment and payroll records, notifying the Department of Home Affairs of any changes to the worker's role, employment status or location, and cooperating with any Department audit or inspection.

Sponsors must not engage in actions that might be considered discriminatory against Australian workers in favour of overseas workers, and must not recover the SAF levy or migration agent fees from the worker. The worker must also remain in the regional area while on the 494. Non-compliance with sponsor obligations can result in sanctions ranging from formal warnings through to cancellation of the sponsorship approval and visa cancellation for sponsored workers. We advise employers on compliance throughout the sponsorship period, not just at the application stage.

If your sponsoring employer ceases to operate, you are in a similar position to a worker whose employment has ended. The 494 does not provide an automatic grace period equivalent to the 482's 180-day allowance, so the situation requires urgent attention. Your visa conditions may be affected, and you need to act quickly to protect your status and your pathway to permanent residency.

Options available to you include finding a new regional employer who is willing to nominate you and lodge a fresh 494 visa application, applying for a bridging visa while you seek a new sponsor, or departing Australia. If you are close to the three-year regional work threshold for the 191, the timing becomes critical and every day matters. Contact a migration agent as soon as you become aware of your employer's situation, ideally before your employment formally ends. Do not wait until after the business closes to take action.

Our professional fees for 494 work vary depending on the complexity of the case, whether the employer is already an approved sponsor or needs a new sponsorship application, how many family members are included, and whether there are complications such as borderline skills assessments, character disclosures or prior visa history. We do not publish a single price because cases genuinely differ and quoting a flat fee would mean either overcharging straightforward cases or undercharging complex ones.

We provide a clear, written fee agreement before any paid work begins, broken down by stage so you know exactly what you are committing to at each step. The best starting point is a free initial consultation where we assess your situation, confirm eligibility, identify any risks, and give you an honest estimate of professional fees and Government charges. There is no obligation to proceed after the consultation.