Both the Skilled Employer Sponsored Regional (Provisional) (subclass 494) (“494 visa”) and the Temporary Skills Shortage (subclass 482) (“482 visa”) are employer sponsored visas which allows employers to address labour shortages in their business by bringing in genuinely skilled workers where they cannot source an appropriately skilled Australian.
These two visas are playing a vital role to help ease Australia’s severe skills and labour shortage crisis.
What is a Subclass 482 Visa?
The 482 visa targets established businesses in Australia and employees with job offers from an Australian company. It facilitates targeted use of overseas workers to address temporary skill shortages, without detriment to Australian workers.
The 482 visa is a temporary visa that allows a visa holder to:
- Live in Australia with eligible family members – family members can work and study;
- Work full-time in Australia for their approved sponsor in their approved occupation;
- Travel in and out of Australia while the visa is valid;
- Transition to permanent residency via the Employer Nominated Scheme (subclass 186) visa (Temporary Residence Transition stream) if the occupation is featured on the MLTSSL. Occupations that are featured on the STSOL do not offer a pathway to permanent residency, unless transitional arrangements or COVID concessions apply.
To be eligible for this visa, you must have:
- a job offer;
- at least 2 years’ experience working in the position;
- genuine intention to work in the nominated position;
- qualifications relevant to the position;
- adequate arrangements for health insurance; and
- met health, character and English requirements.
What is a Subclass 494 Visa?
The 494 visa is designed to respond to labour market shortages in regional Australia. It enables employers to recruit skilled overseas workers who are willing to live and work in regional Australia on an ongoing basis.
Australian employers can sponsor skilled overseas workers to work in a regional area for up to 5 years.
The 494 visa is a provisional visa that allows the visa holder to:
- Live in a designated regional area for up to 5 years with eligible family members – family members can work and study (but must live, work and study only in a designated regional area);
- Work in regional Australia for the approved sponsor in the approved occupation;
- Travel in and out of Australia while the visa is valid;
- Transition to permanent residency via the Regional Skilled (subclass 191) visa after 3 years’ full time employment (subject to meeting the other 191 visa eligibility criteria).
To be eligible for this visa, you must:
- be under 45 years old;
- have at least 3 years of work experience;
- have a valid skills assessment;
- demonstrate competent English; and
- meet the health and character requirements.
The Visa Process
Both the 482 and 494 visa programs comprise of three stages, sponsorship, nomination, and visa.
- Standard Business Sponsorship – the sponsoring company must be approved as an SBS in order to access the 482 or 494 visa program
- Position Nomination – the sponsoring company must nominate the person in an eligible occupation on the relevant skilled occupation list
- Visa Application – the person nominated to work in the nominated occupation must apply for the relevant visa and meet the visa criteria for grant
Advantages and Disadvantages between the TSS 482 and Regional 494 Visas
Employer sponsorship is not required for a subclass 191 (permanent) application
- With 494 visas, you do not need an employer to nominate you for permanent residency provided that you meet the 191 visa requirements
- Whereas, if you hold a 482 visa (medium-term stream), you must be sponsored for permanent residency under the ENS (subclass 186) (permanent) visa.
Flexibility of work location for 482 visa holders
- The 482 visa does not require you to work in a particular area, so the position can be located anywhere in Australia. However, the occupation you are nominated for will determine if you are eligible.
- On the other hand, the 494 visa requires you to work in a regional area. Any area except for Brisbane, Melbourne, and Sydney is considered a regional area.
More occupations are available for the 494 Occupation List than 482 Visa Occupation Lists
- The 494 visa occupation list has over 630 occupations, all of which provide a PR pathway.
- However, only the occupations on the medium-term list for the 482 visa have a PR pathway under the ENS (subclass 186) after completing 3 years’ full-time employment with the sponsor. NB: there are transitional arrangements and COVID concessions for eligible 457/482 visa holders in the short-term stream.
- In terms of PR pathway only, 494 visa applicants will have a better chance at permanent residency.
Summary of the 482 and 494 Visas
| Temporary Skills Shortage (TSS) (subclass 482) visa | Skilled Employer Sponsored Regional (Provisional) (subclass 494) visa | |
| Sponsor | Employer must have a valid SBS. The fee to become a SBS is $420 and the sponsorship is valid for up to 5 years. | Employer must have a valid SBS. The fee to become a SBS is $420 and the sponsorship is valid for up to 5 years. |
| Nomination Fee | 482 visa nomination fee is $330 | NIL |
| Regional Employer | NO – unless occupation listed on ROL or caveat applies | YES – all of Australia except Sydney, Melbourne, and Brisbane |
| Age | N/A | Under 45 years of age |
| English Language | Short-term stream: IELTS (or equivalent) overall 5 with at least 4.5 in component scores Medium-term stream: IELTS (or equivalent) overall 5 with at least 5 in component scores *certain exemptions apply, e.g. completion of at least 5 years’ full time study in a secondary/higher education institution where the medium of instruction was in English. | IELTS (or equivalent) 6 for each of the 4 components *Dependent applicants must have Functional English. |
| Work Experience | 2 years relevant work experience | 3 years relevant work experience |
| Skills assessment | Only required for specific occupations and classes of persons. | Mandatory skills assessment, unless exemption applies |
| Occupation List | Short-term stream (STSOL): 215 occupations Medium-term stream (MLTSSL): 216 occupations Regional Occupation List (ROL): 77 occupations | At least 650 occupations on the 494 occupation list |
| Salary | Must earn at least the TSMIT and, no less than the AMSR (unless earning AUD250,000 or more) | Must earn at least the TSMIT and, no less than the AMSR (unless earning AUD250,000 or more) |
| Genuine Position | YES – the position associated with the nominated occupation must be genuine | YES – the position associated with the nominated occupation must be genuine |
| Health and character | Must meet health and character criteria (*health waivers may be available) | Must meet health and character criteria (*health waivers may be available) |
| Labour Market Testing (LMT) | LMT required, limited exemptions apply | LMT required, limited exemptions apply |
| Visa Stay Period | STSOL occupation: Up to 2 years or up to 4 years if an International Trade Obligation applies MLTSSL occupation: Up to 4 years | 5 years from the date of grant |
| Visa Application Charge (*for Primary applicant) | Short-term stream: $1,330* Medium-term stream: $2,770* | Employer Sponsored stream: $4,240 |
| Skilling Australians Fund (SAF) Levy | Business annual turnover <10M: $1,200 per year Business annual turnover >10M: $1,800 per year | Business annual turnover <10M: $3,000 (one-off) Business annual turnover >10M: $5,000 (one-off) |
This article contains general information on the 482, 186, 494 and 191 visas, which are correct as of the date of writing this article. Changes to the migration program can occur without notice. The above information is not intended to be legal advice.
Contact Migration Affairs to speak with our immigration experts about your specific circumstances and eligibility for employer sponsored visas.
