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Skilled Employer Sponsored Regional (Provisional) Visa (494)
The subclass 494 Skilled Employer Sponsored Regional (Provisional) visa (SESR) is an employer sponsored visa suited to workers in regional Australia. The SESR is divided into two main streams, being the labour agreement and employer sponsored streams, with a third stream relating to family members who apply after the visa grant (subsequent entrants).
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The Australian Migration Lawyers difference
Fixed price
There are no hidden costs for our services. Our fees are clearly set out in a fee agreement.
Deal direct with a lawyer
From the first same-day response to the granting of your visa, you’ll have direct access to a lawyer.
Clear communication
Our experienced lawyers will give you regular updates and clear explanations of visa pathways.
Satisfaction guarantee
We offer a client satisfaction guarantee in relation to our visa application services.
Installments available
3 - 6 months installment options available on some visa types.
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What is a Skilled Employer Sponsored Regional (Provisional) Visa?
The SESR visa is similar to the subclass 482 Temporary Skill Shortage (TSS) visa, allowing for skilled foreign workers to come to Australia and work for their sponsoring employer with a direct pathway to PR, however there are a few key differences. There are occupations that can be sponsored under an SESR that are not available for a TSS in non regional areas. These occupations are contained on the Department’s Regional Occupation List (ROL). SESR applicants can also nominate occupations contained on the Medium to Long Term list.
Once approved, all SESR visas will be valid for a period of five years. The sponsorship costs are also lower than the TSS, which makes it a good option for regional employers.
While the ROL provides for some additional lower-skilled occupations to be sponsored, the SESR has stricter conditions than a TSS, requiring visa holders to live and work in regional Australia throughout the duration of the visa period, and allowing the Department to request evidence of a visa holder’s residential and employment locations.
Visa applicants must also show three years of experience in the nominated occupation and must have a positive skills assessment in order to apply.
Eligibility criteria for a subclass 494 SESR visa in Australia
In order to be successful with an application for an SESR visa, an applicant must fulfill the following requirements:
- You must have an approved sponsor that has lodged a nomination for your position
- You must hold a valid passport
- Your sponsor must have been approved by the relevant Regional Certifying Body (RCB)
- You occupation must be included in the relevant skilled occupation list
- You must have a minimum of three years of work experience in the nominated occupation
- You must have a relevant skills assessment outcome from the relevant assessing authority within the previous three years
- You must have all necessary qualifications and/or licenses required for the occupation
- You have English language skills
- You must meet the health and character requirements, and must ensure that you have adequate health insurance while in Australia
Learn more about SESR visa requirements
Eligibility criteria for a subclass 494 SESR visa in Australia
In order to be successful with an application for an SESR visa, an applicant must fulfill the following requirements:
- You must have an approved sponsor that has lodged a nomination for your position
- You must hold a valid passport
- Your sponsor must have been approved by the relevant Regional Certifying Body (RCB)
- You occupation must be included in the relevant skilled occupation list
- You must have a minimum of three years of work experience in the nominated occupation
- You must have a relevant skills assessment outcome from the relevant assessing authority within the previous three years
- You must have all necessary qualifications and/or licenses required for the occupation
- You have English language skills
- You must meet the health and character requirements, and must ensure that you have adequate health insurance while in Australia
Learn more about SESR visa requirements
Benefits of the subclass 494 Skilled Employer Sponsored Regional (Provisional) visa
The subclass 494 SESR visa provides similar benefits to the subclass 482 Temporary Skill Shortage visa, allowing skilled foreign workers to come to Australia to work for a sponsoring employer, enjoying a high standard of living and working conditions while working toward a PR pathway and eventually Australian citizenship. The benefits to employers in regional Australia are also significant, as these areas are often experiencing skill shortages which can be addressed through the SESR program. While the restrictions to a regional area may seem daunting, in practice, regional areas include most of Australia apart from Melbourne, Brisbane and Sydney.
Further benefits for SESR visa holders include:
- A minimum salary of $70,000 plus super
- A pathway to Australian permanent residency after three years of full-time work in most cases
- Relatively quick visa processing times
- Networking and professional development opportunities in Australia
- Unrestricted travel in and out of Australia
- Study without restriction
- The ability to include dependent family members with full work and study rights
- Access to Australia’s health care scheme (Medicare)
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494 visa checklist
Many SESR applications are refused due to a failure to meet the relevant criteria, particularly in proving the relevant work experience or by failing to address requirements that are specific to certain occupations. To support you, we have developed a comprehensive checklist and templates to meet all criteria for the visa. Here is a snapshot of some of the documents that you will be asked to provide:
- Passport
- Marriage certificate (if applicable)
- Proof of name change (if applicable)
- National identity card (if applicable)
- Birth certificate (for applicants under 18)
- Passport-sized photos
- Divorce/death certificate for previous spouse (if applicable)
- Current CV or resume
- Evidence of relevant qualifications
- Suitable skills assessment outcome
- Evidence of registration or licencing (if applicable)
- Reference letters from former employers
- Signed employment contract
- Position details
- Evidence of Labour Market Testing
- Salary details
- Regional Certifying Body (RCB) approval
- Military service record or discharge papers (if applicable)
- Medical checks
- Police clearance certificates from former countries of residence
- Evidence of your English language proficiency
How the Skilled Employer Sponsored Regional (Provisional) 494 visa works
The SESR visa can be broken down into a four stage process as outlined below.
Stage 1: Standard Business Sponsor Application (SBS)
In order to nominate skilled workers on an SESR visa, an employer must first apply to become a standard business sponsor.
Stage 2: Regional Certifying Body approval
Depending on the regional location that the position will be located in, employers will need to get approval from the relevant Regional Certifying Body (RCB). This process is similar to the nomination stage, and will generally require evidence of the business’ capacity to support foreign workers, as well as details of the position and salary arrangements.
Stage 3: Nomination
The third stage of the process is also completed by the employer, and involves nominating a position within their business to be filled by an overseas worker. Each worker will need to have an approved nomination to work in an occupation listed on the medium to long term or regional occupation lists.
Stage 4: Visa Application
The final stage is the visa application, which can be lodged as soon as the nomination has been submitted to the Department, subject to the risk that any issues with the nomination may result in the visa application being refused. The visa application will involve an assessment of the applicant’s suitability for the nominated role.
Australian Migration Lawyers can help both visa applicants and sponsoring employers to prepare thorough applications to ensure that you have the best chance of success with all stages.
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Future visa pathways after your 494 visa
Similar to the subclass 482 Temporary Skill Shortage visa, SESR visa holders have a direct pathway to become a permanent resident after working for a minimum of three years full-time for their sponsoring employer while holding the SESR. The subclass 191 Permanent Residence (Skilled Regional) visa can be applied for without requiring a nomination from your sponsor, and will immediately provide for permanent residence once granted.
If you are successful in obtaining permanent residence after your SESR, you may eventually be eligible to apply for Citizenship upon meeting the general residence requirements, which will provide benefits including:
- Consular services and support while overseas
- Visa-free travel to over 100 countries on an Australian passport
- Access to Australian government jobs
- No issues relating to visa cancellation
Benefits of using an immigration lawyer for your 482 visa
The SESR visa has a number of requirements that are not found in other visa subclasses, which can prove to be a challenge for applicants who are unfamiliar with the legislation and policy.
At Australian Migration Lawyers, we provide valuable guidance and support to make the entire process as seamless as possible. We have a high success rate with our applications, and have dealt with a wide array of complex occupations and situations.
- Our team of qualified Australian lawyers draw on their knowledge of legislation, case law, and policy, to give clear and accurate advice on all requirements and strategies relevant to your matter
- As lawyers, we have an obligation to ensure that your application meets all legislative requirements, which greatly improves your chance of success
- We assist in all stages of the process, including the preparation of all necessary applications all the way through to the grant of the visa, including working with you to action any additional requests from the Department of Home Affairs
494 Skilled Employer Sponsored Regional (Provisional) visa costs
There are two main costs associated with an SESR visa application.
Professional fees payable to Australian Migration Lawyers to prepare the application
Our fees will vary depending on the circumstances of your application. Some applications will be more complex than others and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about what the total costs associated with their visa application will be. We strive to be flexible, so we offer payment plans based on financial need. Book a free consultation with one of our qualified lawyers to get a quote.
Department fees
The relevant fees for the Department of Home Affairs in relation to an SESR application are as follows:
- Sponsorship stage - application fee $420
- Nomination stage - Skilling Australians Fund levy $3,000-5,000 (based on business turnover)
- Visa stage - visa application charge $4,640
There will be further costs relating to RCB approval and skills assessments which will vary depending on the relevant bodies.
Visa application process
Applying for a visa to Australia can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you apply for the right visa.
1. Consultation and engagement
Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.
2. Preparation and support
We will prepare written submissions in support of your visa application. This will be based on your individual circumstances, and supported by evidence where appropriate.
3. Submission and communication
We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your application.
4. Representation and success
We will keep you informed about your application, and notify you of the outcome. If you receive an unfavourable outcome and we can reapply, we will!
494 Visa Processing times
The processing time for an SESR visa can take between four to eight months, subject to the approval of the sponsorship and nomination. Processing times are subject to the complexity of the case, the completeness of your application and the caseload being processed by the Department.
At Australian Migration Lawyers, our goal is to submit high-standard, comprehensive applications that are as complete as possible to help reduce delays and to seek a successful outcome.
Subclass 494 Visa Considerations
Our legal team at Australian Migration Lawyers are skilled lawyers practising in Australian migration law.
As lawyers, we cannot issue guarantees that your SESR visa will be granted. The decision rests with the Department of Home Affairs, not any one representative, lawyer or migration agent. However, our sound understanding of the law means that we are able to put the best case forward to seek a successful outcome.
We strive to make ourselves as accessible as possible to you
- Most initial consultations are free and recurring services will incur a fixed-fee that we will discuss with you
- You can have a consultation with us from anywhere in Australia as our consultations are online
- We can assist you regardless of where you are in the SESR visa process
- We assist with all stages of the process, including the sponsorship, nomination, RCB and visa applications
- We can work with both you and your sponsor to ensure consistency and quality throughout the whole application process
Meet your Australian Migration Lawyer
We’re a diverse team of professionals with decades of combined experience. We care about your situation and will make sure you always get the support and advice you need.
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Locations
We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
Melbourne
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Sydney
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Perth
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Brisbane
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Adelaide
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Canberra
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Darwin
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Hobart
Learn moreFrequently asked questions
Read our most frequently asked questions.
What is a skilled employer-sponsored provisional 494 visa?
The subclass 494 SESR visa is an employer sponsored visa allowing skilled foreign workers to work for their sponsoring employer in a regional area. It is a five year visa that provides a PR pathway after three years, and gives visa holders travel and study rights while onshore. This visa enables regional employers to address identified labour shortages while providing an option for a primary visa applicant and their family members to work and live in regional Australia.
What are the regional areas for a 494 visa?
Most locations in Australia, apart from Melbourne, Sydney and Brisbane, are considered regional areas for immigration purposes. As such, there are in practice very limited restrictions on where an SESR visa holder can work and live.
Does 494 lead to permanent residence?
The 494 visa provides a PR pathway through the subclass 191 Permanent Residence (Skilled Regional) visa. Once you have worked for a minimum of three years full-time while holding a 494 visa, you are eligible to apply.
You do not need to be nominated or supported by your employer in order to apply for the 191 visa.
What is the difference between 494 and 482 visas?
The 494 and 482 visas are very similar, however the key difference is the occupations that are eligible for the visas and the employment location. Applicants for a 482 visa can choose an occupation on either the short term or medium to long term occupation lists, whereas a 494 visa applicant must have an occupation on the medium to long term or regional occupation lists. As such, the occupations are slightly different.
Some other key differences include the skills requirement for the visas. The 494 visa requirements are slightly higher than those of the 482, requiring a minimum of three years work experience in the nominated occupation, as opposed to two years of relevant experience, and requiring a mandatory skills assessment for all occupations if applying for an SESR.
Lastly, an SESR visa applicant must work and live in a regional area for the duration of the five year visa, and can be subjected to requests for evidence of their residential and work addresses.
About the content author
Perry Q Wood is Immediate Past President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.
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