# Skilled Employer Sponsored Regional (Provisional) > visa-494 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text Subclass 494—Skilled Employer Sponsored Regional (Provisional) 494.1—Interpretation 494.111 In this Part: nominated occupation, in relation to an applicant, means the occupation nominated by the nomination identified in the application. Note: For relevant assessing authority: see regulation 1.03. 494.2—Primary criteria Note: The primary criteria for the grant of a Subclass 494 visa include criteria set out in streams. If an applicant applies for a Subclass 494 visa in the Employer Sponsored stream, the criteria in Subdivisions 494.21 and 494.22 are the primary criteria for the grant of the visa. If an applicant applies for a Subclass 494 visa in the Labour Agreement stream, the criteria in Subdivisions 494.21 and 494.23 are the primary criteria. The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. All criteria must be satisfied at the time a decision is made on the application. 494.21—Common criteria Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 494 visa. 494.211 (1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010, 4020 and 4021. (2) If the applicant had turned 16 at the time of application, the applicant satisfies public interest criterion 4019. (3) Each member of the family unit of the applicant who is an applicant for a Subclass 494 visa satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010 and 4020. (4) Each member of the family unit of the applicant who: (a) is an applicant for a Subclass 494 visa; and (b) had turned 16 at the time of application; satisfies public interest criterion 4019. (5) Each member of the family unit of the applicant who: (a) is an applicant for a Subclass 494 visa; and (b) has not turned 18; satisfies public interest criteria 4015 and 4016. (6) Each member of the family unit of the applicant who is not an applicant for a Subclass 494 visa satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004. 494.212 (1) The applicant satisfies special return criteria 5001, 5002 and 5010. (2) Each member of the family unit of the applicant who is an applicant for a Subclass 494 visa satisfies special return criteria 5001, 5002 and 5010. 494.213 (1) Each of the following applies: (a) the nomination identified in the application has been approved under section 140GB of the Act; (b) the person who made the nomination was an approved work sponsor at the time the nomination was approved; (c) the approval of the nomination has not ceased under regulation 2.75B. (2) Both of the following apply: (a) the applicant’s intention to perform the nominated occupation is genuine; (b) the position associated with the nominated occupation is genuine. 494.214 Either: (a) there is no adverse information known to Immigration about the person who nominated the nominated occupation or a person associated with that person; or (b) it is reasonable to disregard any adverse information known to Immigration about the person who nominated the nominated occupation or a person associated with that person. 494.215 Either: (a) the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or (b) both of the following apply: (i) the applicant has engaged in such conduct in that period; (ii) the Minister considers that it is reasonable to disregard the conduct. 494.22—Criteria for Employer Sponsored stream Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 494 visa in the Employer Sponsored stream. 494.221 (1) The applicant satisfies public interest criterion 4007. (2) Each member of the family unit of the applicant who is an applicant for a Subclass 494 visa satisfies public interest criterion 4007. (3) Each member of the family unit of the applicant who is not an applicant for a Subclass 494 visa satisfies public interest criterion 4007, unless it would be unreasonable to require the member to undergo assessment in relation to the criterion. 494.222 Unless the nominated occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72C(14), both of the following apply: (a) the applicant is employed to work in the nominated occupation; (b) the applicant is employed to work in a position in: (i) the person’s business; or (ii) a business of an associated entity of the person. 494.223 (1) At the time of application: (a) the applicant had not turned 45; or (b) circumstances specified by the Minister under subclause (2) existed. (2) The Minister may, by legislative instrument, specify circumstances in which applicants are not required to have been under 45 for the purposes of Subclass 494 visas in the Employer Sponsored stream. 494.224 (1) At the time of application: (a) subclauses (2) and (3) applied; or (b) subclauses (4) and (5) applied; or (c) circumstances specified by the Minister under subclause (7) existed. Recent assessments (2) All of the following applied: (a) the relevant assessing authority for the applicant’s nominated occupation has assessed the applicant’s skills as suitable for that occupation; (b) the assessment was not for a Subclass 485 (Temporary Graduate) visa; (c) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; (d) if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment. (3) If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course. Assessments for purposes of previous visas (4) Both of the following applied: (a) the applicant held a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa or a Subclass 482 (Temporary Skill Shortage) visa in relation to which all of the following applied: (i) the occupation to which that visa related was the nominated occupation; (ii) the applicant was required to demonstrate the matters mentioned in former paragraph 457.223(2)(d) or (4)(e), former subclause 482.212(4) or subclause 482.221(3) or 482.231(3) in relation to that visa; (iii) that demonstration included demonstrating that a person or body had assessed the applicant’s skills as suitable for the occupation; (iv) the assessment was not for a Subclass 485 (Temporary Graduate) visa; (b) the person or body mentioned in subparagraph (a)(iii) was specified by the Minister under subclause (6) as the assessing authority for the nominated occupation. (5) If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course. Minister may make legislative instruments (6) For the purposes of paragraph (4)(b) of this clause, the Minister may, by legislative instrument, specify a person or body as the assessing authority for an occupation. (7) The Minister may, by legislative instrument, specify circumstances in which the requirements of subclauses (2) to (5) are not required to have been met for the purposes of Subclass 494 visas in the Employer Sponsored stream. 494.225 (1) At the time of application: (a) the applicant had been employed in the nominated occupation for at least 3 years on a full-time basis and at the level of skill required for the occupation; or (b) circumstances specified by the Minister under subclause (2) existed. (2) The Minister may, by legislative instrument, specify circumstances in which an applicant is not required to have been employed as mentioned in paragraph (1)(a) for the purposes of Subclause 494 visas in the Employer Sponsored stream. 494.226 (1) At the time of application: (a) the applicant had competent English; or (b) circumstances specified by the Minister under subclause (2) existed. (2) The Minister may, by legislative instrument, specify circumstances in which applicants are not required to have had competent English for the purposes of Subclass 494 visas in the Employer Sponsored stream. Note: Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C. 494.23—Criteria for Labour Agreement stream Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 494 visa in the Labour Agreement stream. 494.231 (1) The applicant satisfies public interest criterion 4005. (2) Each member of the family unit of the applicant who is an applicant for a Subclass 494 visa satisfies public interest criterion 4005. (3) Each member of the family unit of the applicant who is not an applicant for a Subclass 494 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion. 494.232 Both: (a) the nominated occupation is the subject of a work agreement between the Minister and the person who nominated the nominated occupation; and (b) the work agreement authorises the recruitment, employment, or engagement of services of a person who is intended to be employed or engaged as a holder of a Subclass 494 visa. 494.233 Either: (a) the applicant had not turned 45 at the time of application; or (b) the applicant has not reached the age specified by the Minister in the work agreement mentioned in clause 494.232: (i) for the nominated occupation; and (ii) for the visa. 494.234 (1) The applicant satisfies any language test requirements (if any) specified by the Minister in the work agreement mentioned in clause 494.232: (a) for the nominated occupation; and (b) for the visa. (2) The applicant demonstrates their English language proficiency in the manner (if any) specified by the Minister in the work agreement mentioned in clause 494.232: (a) for the nominated occupation; and (b) for the visa. 494.235 (1) The applicant has the skills, qualifications and employment background (if any) specified by the Minister in the work agreement mentioned in clause 494.232: (a) for the nominated occupation; and (b) for the visa. (2) Either: (a) the applicant has worked in the nominated occupation or a related field for at least 3 years; or (b) the applicant has worked in the nominated occupation or a related field for the period (if any) specified by the Minister in the work agreement mentioned in clause 494.232: (i) for the nominated occupation; and (ii) for the visa. (3) The applicant demonstrates that they have the skills that are necessary to perform the tasks of the nominated occupation in the manner (if any) specified by the Minister in the work agreement mentioned in clause 494.232: (a) for the nominated occupation; and (b) for the visa. (4) If a manner specified in the work agreement for the purposes of subclause (3) is that the applicant’s skills must be assessed as suitable for the nominated occupation, all of the following apply: (a) the applicant’s skills have been assessed as suitable for the nominated occupation by: (i) if there is a relevant assessing authority for the occupation—the relevant assessing authority for the occupation; or (ii) otherwise—the person or body specified by the Minister in the work agreement for the occupation; (b) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period has not ended; (c) if paragraph (b) does not apply—not more than 3 years have passed since the date of the assessment. 494.3—Secondary criteria Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application. 494.31—Criteria 494.311 The applicant is a member of the family unit of a person (the primary applicant) who holds a Subclass 494 visa granted on the basis of satisfying the primary criteria for the grant of the visa. 494.312 (1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010, 4020 and 4021. (2) If the applicant had turned 16 at the time of application, the applicant satisfies public interest criterion 4019. (3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018. (4) If the primary applicant holds a Subclass 494 visa granted on the basis of satisfying the primary criteria for the grant of the visa in the Employer Sponsored stream, the applicant satisfies public interest criterion 4007. (5) If the primary applicant holds a Subclass 494 visa granted on the basis of satisfying the primary criteria for the grant of the visa in the Labour Agreement stream, the applicant satisfies public interest criterion 4005. 494.313 The applicant satisfies special return criteria 5001, 5002 and 5010. 494.314 Either: (a) the applicant is listed on the nomination identified in the primary applicant’s application; or (b) the approved work sponsor or former approved work sponsor who has the most recent approved nomination under section 140GB of the Act of an occupation in relation to the primary applicant for the visa mentioned in clause 494.311 has agreed in writing that the applicant may be a secondary sponsored person in relation to the approved work sponsor or former approved work sponsor. 494.315 Either: (a) there is no adverse information known to Immigration about the person who made the nomination identified in the primary applicant’s application or a person associated with that person; or (b) the Minister considers that it is reasonable to disregard any adverse information known to Immigration about the person who made the nomination identified in the primary applicant’s application or a person associated with that person. 494.316 Either: (a) the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or (b) both of the following apply: (i) the applicant has engaged in such conduct in that period; (ii) the Minister considers that it is reasonable to disregard the conduct. 494.4—Circumstances applicable to grant 494.411 The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance. Note: The second instalment of visa application charge must be paid before the visa can be granted. 494.5—When visa is in effect 494.511 (1) If the applicant satisfies the primary criteria for the grant of the visa, temporary visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant. (2) However, if: (a) the visa is in effect on any day between 1 February 2020 and 14 December 2021; and (b) the holder of the visa is outside Australia on that day; and (c) disregarding this subclause, the visa is in effect on 18 February 2022; the visa is a temporary visa permitting the holder to travel to, enter and remain in Australia for 8 years from the date of grant. 494.512 (1) If: (a) the applicant satisfies the secondary criteria for the grant of the visa (the secondary visa); and (b) the applicant is a member of the family unit of a person (the primary visa holder) who holds a Subclass 494 visa granted on the basis of satisfying the primary criteria for the grant of that visa; temporary visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant of the primary visa holder’s visa. (2) However, if: (a) the primary visa holder’s visa is in effect on any day between 1 February 2020 and 14 December 2021; and (b) the primary visa holder is outside Australia on that day; and (c) the primary visa holder’s visa is in effect on 18 February 2022; and (d) the secondary visa: (i) is granted before 18 February 2022 and, disregarding this subclause, is in effect on 18 February 2022; or (ii) is granted on or after 18 February 2022; the secondary visa is a temporary visa permitting the holder to travel to, enter and remain in Australia for 8 years from the date of grant of the primary visa holder’s visa. 494.6—Conditions 494.611 If the applicant is outside Australia when the visa is granted: (a) first entry must be made before the date specified by the Minister; and (b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed. 494.612 If the applicant satisfies the primary criteria for the grant of the visa, conditions 8578, 8579, 8580, 8581 and 8608 must be imposed. 494.613 If the applicant satisfies the secondary criteria for the grant of the visa, the same conditions (other than condition 8608) that must be imposed on the visa held by the person who satisfies the primary criteria for the grant of the visa must be imposed.