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AR LAW Services  |  Lawyers & Consultants  |  Masters of Australian Migration and Visa Law

New Regional Worker Visa

Subclass 494 Skilled Employer Regional Visa – replaces the 187 RSMS visa.

• Will be incorporated into the Standard Business Sponsorship framework – no separate sponsorship class created – existing SBS will be able to lodge SESR nominations – sponsorship obligations will apply – some regulations have been amended • Two streams – Employer Sponsored – Labour Agreement New Provisional Visas

Form 494V (Internet) lodged online

• Fees: Primary applicant: $4045 additional applicant: over 18yrs $2025 under 18yrs $1010 Second VAC: $4890 if adult applicant does not meet Functional English

• Grant period will be 5 years • Eligible for Medicare – health insurance not required

• GTE requirement does not apply • Doctor registration requirement does not apply

• Regional compliance conditions + 8608 (similar to 8607)

Three stages

Sponsorship Nomination Visa

Form 494N (Internet) lodged online

• NIL nomination fee

• Applicant must be an approved sponsor – SBS – Australian businesses only – party to a Labour Agreement that authorises subclass 494 visas

• Position must be located in a designated regional area • Occupation must be specified in the relevant occupation list or in the Labour Agreement (and any caveats met)

• Must be a genuine position

• Labour Market Testing must be undertaken (no International Trade Obligations exemptions)

• Full-time position (no provision to disregard) • Annual Market Salary Rate requirements (no provision to disregard for part-time)

• No information that employment conditions are less favourable than for an Australian worker Employer Sponsored Visa Program – update for AAT members June 2019 17 Nomination – SESR

Must be engaged as an employee under a written contract of employment (unless exempt)

• Associated entity provisions apply

• Sponsor must not have engaged in discriminatory recruitment practices

• SAF contribution must be paid – $3000 small business / $5000 other businesses – pro-rata SAF levy if nomination is for a 494 holder to change employer (must provide visa grant date)

• Regional Certifying Body certification provided regarding AMSR

• No adverse information

So if you or someone you know who wishes to bring a parent to Australia: discuss your options under this new visa class.

Remember TRUST ONLY a Master Migration Lawyer and make an appointment with AR LAW Services: Master Migration Lawyer.

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Call 03 9614 0218 or email to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)

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Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page