The SESR visa is a temporary visa that provides a pathway to permanent residence via the Subclass 191 Permanent Residence (Skilled – Regional) visa. The 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. The visa can only be used if the employer is genuinely unable to source appropriately skilled Australian workers. This enables a visa holder who satisfies the primary criteria to enter and stay in Australia for a period of five years from the date of grant.

SESR 494 visa holders can work in Australia in their nominated occupation for their approved sponsor under one of the following two streams:

Employer Sponsored (ES) stream. This stream allows employers in regional Australia to recruit skilled overseas workers to work in specified skilled occupations for five where a suitably skilled Australian worker cannot be sourced. Visa holders may be eligible to apply for permanent residence after three years; and

Labour Agreement stream. This stream may be utilised in exceptional cases where standard visa programs are not available and there is a demonstrated need that cannot be met in the Australian labour market.

KEY CRITERIA – SPONSORING EMPLOYERS

• Lawfully operate an Australian business
• Have no relevant adverse information against their business
• Have a strong record of, or a demonstrated commitment to employing local labour
• Be either a Standard Business Sponsor or an Accredited Business Sponsor
• Adhere to Sponsorship Obligations

KEY CRITERIA – VISA APPLICANTS

As an overseas worker, you are eligible to apply for this visa if you:

• have been nominated for an occupation on the SC494 Regional Occupations List for a position with an approved sponsor and that nomination has been applied for/or approved
• meet any required skills and qualifications requirements including completing any skills assessments that may be required
• meet English level requirements for competent English
• if in Australia, hold a substantive visa, a subclass 010 (Bridging A) visa, a subclass 020 (Bridging B) visa or a Subclass 030 (Bridging C) visa
• have substantially complied with any conditions that apply or applied to your last visa
• meet health and character requirements
• meet the requirements of the stream in which you apply

In summary, SESR visa holders who satisfied the primary criteria:

• must work for the approved sponsor in the approved occupation for 5 years
• must live and work (and, if relevant, study) only in a designated regional area for 5 years
• can bring eligible dependants with them to Australia, if those dependants satisfy the secondary criteria — dependants can work and study (but must live, work and study only in a designated regional area)
• can travel in and out of Australia while the visa is valid
• may be eligible for certain benefits such as Medicare etc

KEY CONDITIONS OF THE 494-EMPLOYER REGIONAL SPONSORSHIP VISA

• Conditions, namely 8579 will be imposed which will enforce the government’s intentions that visa holders live, work and study only in regional areas and if employer sponsored, only in the nominated position.
• Holders of the new provisional visas will also be unable to apply for most other skills-based visas in Australia unless:
  
  • They have completed at least three years in a designated regional area
  • Exceptional circumstances exist

Applicants who have been granted the SC494 visas will become eligible to apply for PR after 3 years and transition into the SC191 visa

The permanent visa pathway will be through:

• Subclass 191 Permanent Residence (Skilled Regional): To meet the requirements of the permanent visa (from November 2022) applicants must have held a subclass 494 visa for at least 3 years, have complied with the conditions on that visa and have met minimum taxable income requirements