Are you an employer in regional Australia who is looking to sponsor overseas skilled migrants for a Subclass 494 Skilled Employer Sponsored Regional (SESR) (Provisional) visa to help fill skill shortages in your business? Would you like to find out how long you can expect to wait for the application to be processed by the Department of Home Affairs (the Department)? That is, what is the subclass 494 visa processing time?
Although it is not possible to provide an exact time period for when a decision will be made on the application, the Department does provide a guide as to how long it could take to process a subclass 494, application by outlining, in percentage terms, the number of months it is taking to process applications.
Keep in mind that the data provided by the Department on visa 494 processing times do change over time based on a range of factors such as the volume of applications that are lodged versus Departmental resources that are available to process applications, and the processing priorities of the Government.
How You Can Impact Subclass 494 Visa Processing Times
Even though Departmental processing times are out of your hands, you can gain access to priority processing of subclass 494 nomination and visa applications if you become an accredited sponsor.
Another important factor to point out is that you should ensure that any application that you lodge with the Department is complete and correct with all required documents attached. This can speed up the processing times as the Department will have all the information it needs to make a decision on the application. If you fail to include all information and documents required, this will delay processing of the application if the Department requests further information and/or documents to be provided. Aside from the delay in processing that an incomplete application will cause, you also risk a refusal as the Department has no obligation to request further information from you. It can make a decision based on the information and documents that have been provided. It is therefore critical that a correct and complete decision-ready application is submitted at all times.
Subclass 494 visa processing times may also depend on how quickly you respond to requests for more information from the Department, how long it takes the Department to perform the required checks and how long it takes to receive information from external agencies, particularly relating to health, character and national security requirements. Complex cases can also slow down visa 494 processing times.
In this article, we take a look at the current subclass 494 regional employer sponsored visa processing times to give you an idea of the average time period that you can expect to wait until a decision is made on the application.
But before we outline the subclass 494 visa processing times, we begin our discussion by providing a summary of the subclass 494 SESR visa program and how it works, including its key features and requirements. It is also important to point out that applying for a subclass 494 visa does not simply involve lodging just the one visa application. It actually requires multiple applications to be lodged; the type of application and timing will depend on the circumstances of each case.
So what is the subclass 494 SESR visa program exactly and what is it designed for?
Subclass 494 Skilled Employer Sponsored Regional (Provisional) Visa
The subclass 494 SESR visa is aimed to help employers in regional Australia to sponsor suitably skilled overseas workers to meet skill shortages in their businesses where the vacancy cannot be filled from within the local labour market.
Your sponsored foreign worker will only be permitted to work in Australia for your business (as their approved sponsor) in their approved nominated occupation. They must also live and work only in regional Australia.
Your sponsored employee will be able to remain in Australia for five years and they can apply for a permanent residency visa after three years via the Subclass 191 Permanent Residence (Skilled Regional) visa, provided that certain requirements are met.
They may bring eligible family members with them to Australia as dependent visa holders, and they have unrestricted rights to travel to and from Australia during the term of the subclass 494 visa. Additionally, subclass 494 visa holders are entitled to enrol in Medicare.
What Applications Must Be Lodged To Apply For A Subclass 494 Visa?
To sponsor an overseas worker for a subclass 494 SESR visa, three applications are required:
- A Sponsorship application must be lodged by you as the sponsoring employer or alternatively, you can apply for a labour agreement (as sponsorships and labour agreements generally last for a period of five years, you will need to submit an application for sponsorship or a labour agreement if you do not already have a current sponsorship approval or labour agreement in place);
- A Nomination application is to be lodged by you as the sponsoring employer (this relates to the nominated position); and
- A Visa application is to be lodged by your proposed sponsored employee (here they will need to meet visa grant criteria relating to such things as their qualifications, skills, experience, English language proficiency and age).
Step 1: Standard Business Sponsorship Or Labour Agreement
An employer can sponsor workers for a subclass 494 visa under either a Standard Business Sponsorship or a Labour Agreement.
Under a labour agreement, an employer can sponsor suitably skilled overseas workers in accordance with the terms which have been negotiated with the Department in the executed labour agreement. A labour agreement generally provides greater flexibility compared with the standard business sponsorship option as it provides some capacity for employers to negotiate the terms of the labour agreement based on their individual needs (within certain parameters).
If your business enters into a labour agreement with the Department, you will be bound by its terms, as well as the general sponsorship obligations that apply to standard business sponsors.
Please refer to our article on How To Become A Sponsor to learn about the different ways in which your business may sponsor foreign workers. Please also see our Guide To Australian Sponsorship Visa Costs for information about the costs which you can expect to incur to sponsor overseas workers in your business.
Step 2: Nomination
Once your business has either an approved sponsorship or labour agreement in place, the next step is the nomination application. This is about nominating a foreign worker for an occupation which you are seeking to fill in your business.
All Nominations
The key requirements to be satisfied for all nominations under the subclass 494 regional employer sponsored visa program are set out below:
- there must be no adverse information known to the Department about the sponsor, or a person associated with the sponsor (or is it reasonable to disregard this information);
- the nominated position is located in a designated regional area;
- the nominated occupation is included on the relevant skilled occupation list for the subclass 494 skilled employer sponsored regional visa program, or the labour agreement that has been executed by your business; and
- the position associated with the nominated occupation is genuine, full-time and likely to exist for at least five years.
Employer Sponsored Stream Only
If you are seeking to nominate a foreign worker for a subclass 494 skilled employer sponsored visa under the employer sponsored stream, the following additional requirements must also be satisfied:
- the foreign worker must be engaged only as an employee of the sponsor (or an associated entity of the sponsor) under a written contract of employment that does not include an express exclusion of the possibility of extending the period of employment (unless the nominated occupation is exempt from this requirement). A copy of the signed contract must be provided;
- all salary related requirements must be met;
- there is no information known to the Department indicating that the employment conditions for the nominee are less favourable than those that apply, or would apply, to an Australian worker performing equivalent work at the same location (or it is reasonable to disregard this information);
- the sponsor has not engaged in discriminatory recruitment practices; and
- a Regional Certifying Body (RCB) has advised that the nominee will be paid at least the annual market salary rate for the occupation.
Additionally, in certain circumstances, standard business sponsors are required to undertake labour market testing in relation to the nominated occupation, unless this is inconsistent with Australia’s international trade obligations. This means advertising the position in Australia in accordance with specified requirements to demonstrate that no suitably qualified and experienced Australian worker or eligible temporary visa holder is readily available to fill the nominated position.
For further information about labour market testing requirements and when they apply, please refer to our article on the Labour Market Testing Requirements.
Labour Agreement Stream Only
If you are seeking to nominate a foreign worker for a subclass 494 visa under the labour agreement stream, the following additional requirements must also be satisfied:
- the nominated occupation is specified in the labour agreement as an occupation that the sponsor may nominate;
- the requirements of the labour agreement have been met; and
- the number of subclass 494 skilled employer sponsored regional nominations approved is less than the number permitted under the labour agreement for the year.
Step 3: Visa
The third and final step to sponsor a foreign worker under the subclass 494 skilled employer sponsored visa program is the visa application. This part of the process requires the foreign worker to meet visa grant criteria relating to such things as their qualifications, skills, experience, English language proficiency and age.
If the applicant is in Australia at the time of lodgement of the visa application, they must hold either a substantive visa, a subclass 010 (Bridging A) visa, a subclass 020 (Bridging B) visa or a Subclass 030 (Bridging C) visa. This requirement applies to all applicants (i.e. the primary applicant and their visa dependents). A substantive visa is any visa excluding a bridging visa, criminal justice or enforcement visa.
Some of the key criteria to be satisfied for grant of a subclass 494 skilled employer sponsored regional visa under both the employer sponsored and labour agreement streams are outlined below.
- the visa applicant’s intention to perform the nominated occupation must be genuine;
- the position associated with the nominated occupation must be genuine; and
- there must be no adverse information known to Immigration about the sponsoring employer, or a person associated with employer (unless it is reasonable to disregard this information).
Employer Sponsored Stream Only
If you are seeking to nominate a foreign worker (the nominee) for a subclass 494 skilled employer sponsored visa under the employer sponsored stream, the following additional requirements must also be satisfied by the nominee for visa grant:
- the visa applicant must be employed to work in the nominated occupation and in a position located within the sponsoring business or an associated entity of that business (unless the occupation is exempt);
- at the time of application, the applicant must be under 45 years of age (unless an exemption applies);
- at the time of application, the applicant must have had their skills assessed as suitable for the nominated occupation by the relevant assessing authority (unless an exemption applies);
- at the time of application, the applicant 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 (unless an exemption applies); and
- at the time of application, the applicant must have had competent English (unless exempt).
Labour Agreement Stream Only
If you are seeking to nominate a foreign worker for a subclass 494 skilled employer sponsored visa under the labour agreement stream, the following additional requirements must also be satisfied by the nominee for visa grant:
- the nominated occupation must be specified in the labour agreement;
- they must be aged under 45 years of age at time of application (unless otherwise specified in the labour agreement);
- they must have English language skills that are suitable to perform the nominated occupation (Competent English would be required, unless the labour agreement specifically provides for a concession to this requirement);
- they must have the skills, qualifications and employment background that are necessary to perform the nominated occupation (as specified in the labour agreement);
- the applicant must have worked in the nominated occupation or a related field for at least three years, unless the relevant labour agreement provides for a concession to this requirement; and
- they must have a positive skills assessment for the nominated occupation, if this is specified in the labour agreement.
Get More Information About The Subclass 494 SESR Visa
To learn more about the subclass 494 SESR visa, please refer to the following articles:
Skilled Regional Visa Australia
Regional Sponsor Migration Scheme
Regional Sponsored Visa Requirements
Requirements For Regional Employer Sponsored Skilled Visas
Now that we have explained how the subclass 494 visa works, let us now take a look at the subclass 494 employer sponsored visa processing times.
Visa 494 Processing Times
As mentioned earlier in this article, the processing times that are set out below are current as at April 2023. They can and do change over time, and so if you are considering sponsoring a foreign worker for a subclass 494 visa in the future, you should check the visa 494 processing period at that time.
The subclass 494 employer sponsored visa processing time guide gives you an indication of how long your visa application may take to process. This estimated timeframe is based on how long it has taken to process recently finalised applications. It does not guarantee that your application will be finalised within this timeframe.
Another important note is that not all applications have published processing times. The standard business sponsorship application, for example, has no processing times listed on the Department’s website.
As outlined above, sponsoring a foreign worker for a subclass 494 visa requires three applications to be submitted, a sponsorship or labour agreement application; a nomination application; and a visa application.
The visa 494 processing time for each of these application stages are set out below.
Step 1: Sponsorship Or Labour Agreement
Sponsorship
Standard Business Sponsorship processing times are not published by the Department. But as mentioned earlier in this article, ensure that you lodge a complete and correct decision-ready application to reduce the likelihood of the Department asking you to provide further information or documents which would delay the process.
Labour Agreement
The processing time to approve a labour agreement request is also not provided by the Department. It does, however, state that labour agreements are assessed on a case-by-case basis and actual processing times can vary due to individual circumstances, including:
- whether you have lodged a complete application, including all necessary supporting documents; and
- how quickly you respond to any requests for more information from the Department.
Labour agreement requests are also assessed in line with skilled visa program overall processing priorities, as outlined earlier in this article.
Step 2: Nomination
Employer sponsored visa processing times for subclass 494 nomination applications are not published by the Department. However, as mentioned in the introduction to this article, you can access priority processing by becoming an accredited sponsor.
Please see our article on the Business Requirements For Accredited Sponsorship to learn about the benefits of becoming an accredited sponsored, the requirements that your business must meet in order to qualify for accreditation and how to apply.
Step 3: Visa
Employer Sponsored Stream
The following subclass 494 visa processing times for the employer sponsored stream are published by the Department:
- 25% of applications are processed in four months
- 50% of applications are processed in nine months
- 75% of applications are processed in 13 months
- 90% of applications are processed in 14 months
From the above data, the average visa 494 processing times are between 4 and 14 months, with the majority of applications being processed in approximately 14 months.
Labour Agreement Stream
The following visa 494 processing times for the labour agreement stream are published by the Department:
- 25% of applications are processed in five months
- 50% of applications are processed in five months
- 75% of applications are processed in seven months
- 90% of applications are processed in nine months
From the above data, the average subclass 494 employer sponsored visa processing times are between five and nine months, with the majority of applications being processed in approximately nine months.
Get More Information
Skilled Visa Options For Selected Occupations
Please refer to our series of articles on the skilled visa options that are available for selected occupations below:
Visa Options For Professionals
Skilled Trade Visa Options In Australia
Australian Immigration And Visa Options For Doctors
Australian Immigration And Visa Options For Nurses
Australian Visa Options For Engineers
Migrate To Australia As A Plastics Moulder Machine Operator, Fabricator, Welder Or Technician
Migrate To Australia As A Pig Farmer Or A Senior Piggery Stockperson
Migrate To Australia As A Small Engine Mechanic
Migrate To Australia As A Sandblaster
Employer Sponsored Regional Visa
For further information about the subclass 494 regional employer sponsored visa, please see the following articles:
Skilled Regional Visa Australia
Regional Sponsor Migration Scheme
Regional Sponsored Visa Requirements
Requirements For Regional Employer Sponsored Skilled Visas
Employer Sponsored Visa
To learn about an employer sponsorship visa, please see the following articles:
Employer Nomination Migration Scheme
Employer Sponsor Visa Requirements
Changes To 457 Temporary Work Skilled Visa
Business Requirements For Accredited Sponsorship
Does 482 Visa Require Skills Assessment
Subclass 482 – A Guide to Temporary Skill Shortage
Permanent Residence Eligibility Extended For Certain Subclass 457 And 482 Visa Holders
How To Sponsor An Employee For A Work Visa Or Permanent Residency
Overview Of Australian Work Visas And Employer Sponsorship
Guide To Australian Sponsorship Visa Costs
Labour Market Testing Requirements
How To Renew 482 Visa And Extension Limitations
Permanent Residence Eligibility Extended For Certain Subclass 457 And 482 Visa Holders
Skilled Visa
To learn about applying for a skilled visa, please see the following articles:
Australian Skilled Migration Visa List
General Skilled Migration Visa Options
SAF Skilling Australians Fund Levy
General Skilled Migration Visa Points
Subclass 190 State Sponsorship Visa
Australian Skilled Occupations List
Australian Permanent Resident Visa Case Study
State Sponsorship Visas In Australia
South Australia State Sponsorship Opportunities
Skilled Regional Visa Australia
Regional Sponsor Migration Scheme
Regional Sponsored Visa Requirements
Visa Options For Professionals
Skilled Trade Visa Options In Australia
English Requirements For Skilled Visas
Australian Visa Options For IT Occupations
Australian Immigration And Visa Options For Doctors
Australian Immigration And Visa Options For Nurses
Australian Visa Options For Engineers
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Contact us to book a no-obligation consultation to find out more about sponsoring overseas workers for a subclass 494 regional employer sponsored visa, including the current average subclass 494 visa processing times.
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In conclusion, we note that the above discussion provides an overview of how you may be able to sponsor foreign workers for a subclass 494 regional employer sponsored visa, including its key features and requirements and the current average visa 494 processing times. We also provide links to further information so that you can learn more about how you can sponsor foreign workers for a subclass 494 visa, including their key features and requirements.
Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice if you are interested in sponsoring a worker from overseas for your business and would like to find out about the subclass 494 regional employer sponsored visa program, including the current average subclass 494 employer sponsored visa processing times, as being fully informed will give you the best chance of achieving a successful outcome on your case. A migration professional can help you to do this.
For up-to-date advice how you may be able to sponsor skilled migrants for a subclass 494 SESR visa, including the current average subclass 494 visa processing times, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide.
