Two new regional visas were introduced on 16 November 2019 to assist regional Australian employers and State or Territory Governments to fill positions with foreign skilled workers:
- the subclass 491 Skilled Work Regional (Provisional) (SWR) visa for applicants who are nominated by a State or Territory Government, or by a family member living in a designated regional or remote area of Australia.
- the subclass 494 Skilled Employer Sponsored Regional (Provisional) (SESR) visa, for employers to sponsor workers in skilled positions on the Regional Occupation List.
These visas will provide employers in regional Australia, as well as State and Territory governments, access to more occupations than the equivalent non-regional visas. The new SESR visa will have 673 eligible occupations (Over 450 more occupations than closest non-regional equivalent visa). The new SWR visa will have 504 eligible occupations (77 more than closest non-regional equivalent visa).
Regional locations will encompass all of Australia except Brisbane, Melbourne and Sydney.
Applicants for the new SWR visa will have access to more points under the Skilled Points Test for regional nomination/sponsorship, and will enjoy priority processing.
Importantly, the conditions attached to these visas will require the visa holder and their families to live, work and study in a regional area for three years. After satisfying this requirement, visa holders may apply for permanent residence under a new visa to be introduced from 16 November 2022, the subclass 191 Permanent Residence (Skilled Regional) visa.
Applicants must have a genuine intention to stay in a regional area longer term, and may be required to attend an interview or provide supporting evidence to demonstrate that they are living and working in regional Australia.
These visas will have strict compliance requirements, and applicants are encouraged to seek immigration advice before applying to ensure that they will meet all conditions to apply for permanent residence after the 3-year qualifying period.
Skilled Regional (Provisional) Subclass 491 Visa
491 Visa Criteria
To qualify for a Subclass 491 Visa, you would need to:
- Pass a Skills Assessment in an occupation on the regional occupations list
- Lodge an Expression of Interest and be invited to apply
- Be nominated by a State/Territory Government, or a family member who lives in a designated regional area
- Meet the pass mark in the skilled migration points test – currently 65 points
- Be aged between 18 and 44
- Have competent English or higher
- Meet health and character requirements
Each State/Territory government has its own list of occupations in demand and criteria to be met for state or territory nomination, such as work experience, an employment offer, English language ability or specialised skills. Some State or Territory Governments offer concessions to the General Skilled Migration points test.
491 Application Process
- Skills Assessment
The first stage of the application process involves completing a skills assessment with the relevant government authority. Your skills assessment enables the Department of Home Affairs to determine whether you have the required level of skill in your chosen occupation to work in Australia.
- Expression of Interest
In order to apply for this visa, you must first lodge an Expression of Interest through SkillSelect and be invited by the Department of Immigration to apply. Once you are invited to apply for a skilled visa, you must lodge your application within 60 days.
- Visa Application
Once you have been issued an invitation, you must submit your visa application to the Department of Home Affairs within 60 days. At the time of application, you must provide evidence of skill level, English language ability, health and character.
Skilled Employer Sponsored Regional (Provisional) Visa Subclass 494
494 Visa Criteria
To qualify for a Subclass 494 Visa, you would need to:
- Pass a Skills Assessment in an occupation on the regional occupations list
- Be nominated by a Standard Business Sponsor or party to a Labour Agreement that authorises subclass 494 visa nominations
- Be offered a genuine position in a designated regional area
- Satisfy a Regional Certifying Body that the employer adequately tested the labour market and the role is paid at Australian Market Salary Rate
- Be aged between 18 and 44
- Have at least three years’ full-time relevant work experience in the nominated occupation or a related field, at the same level of skill
- Have competent English or higher
- Meet health and character requirements
494 Application Process
1. Skills Assessment
Applicants applying for the 494 regional visa must have their skills formally assessed by a skills assessment authority. This involves an assessment of the applicant’s qualifications, work experience and in the case of trades people, an interview or practical examination to assess technical skills.
2. Regional Certifying Body
The next step is for the Regional Certifying Body (‘RCB’) to approve the position. The relevant RCB will depend on the location of the nominated position. To obtain approval from the RCB, the employer generally needs to demonstrate:
- There is a genuine need for the position;
- The position cannot be filled locally; and
- The employment conditions are equivalent to those provided to an Australian worker.
3. Employer Nomination
The employer must show that the position is genuinely needed to be filled by a non-Australian worker and the labour market was adequately tested. The position must be listed on the relevant skilled occupation list, be offered on a full-time basis and be remunerated at market rates. The position must be located in a designated regional area.
4. Visa Application
To apply for the visa, applicants must have at least 3 years’ employment experience in their nominated occupation and have a relevant skills assessment. They must demonstrate Competent English level and be under 45 years of age.
Including Family Members
You can include the following types of family members in your application:
- Spouses, de facto partners and same-sex partners
- Dependent children
New Skilled Points Test
The Skilled Points Test was amended on 16 November 2019 and will apply to all new and pending Expressions of Interest in SkillSelect.
Additional points can be claimed in the Skilled Points Test for persons who meet the following requirements:
- Nomination by state or territory government or sponsorship by an eligible family member to reside and work in a specified/designated area – 15 points
- A Masters degree by research or a Doctorate degree from an Australian educational institution that included at least two academic years in a relevant STEM field – 15 points
- Partner skill qualifications – 10 points
- Partner with competent English but not eligible for Partner skill qualifications points – 5 points
- Single applicants (no partner) – 5 points
Applicants who wish to claim additional partner points should update their Expression of Interest. Otherwise, the points test changes will automatically take effect from 16 November.
Many of the Australian States and Territories have amended their list of occupations and the eligibility criteria for nomination, so it is an opportune time to review your immigration strategy and seek advice regarding the impact of these changes.
For further advice or to book a consultation, please contact info@themigrationagency.com.au.
