If you’re currently holding a Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) and thinking about changing employers, it’s essential to understand the specific rules and regulations around switching jobs. With the 494 visa skilled workers get to live and work in regional areas of Australia, but remember, it comes with some conditions that tie you to a specific employer and occupation. So, what happens if you want to move on to a new employer? Let’s explore everything you need to know before making this decision.
Please Note: This article serves as a general guide to help you understand the topic, with information accurate as of the publication date. We recommend consulting a registered migration agent or check The Department of Home Affairs for precise, up-to-date guidance tailored to your specific circumstances.
Understanding the Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494)
The 494 visa is designed to address labour shortages in regional Australia by allowing employers to sponsor skilled workers when they cannot find a suitably qualified Australian worker. This visa is crucial for those looking to live and work in regional areas, providing opportunities for both skilled workers and employers to fill important positions in less populated parts of the country.
Three Streams of the Subclass 494 Visa:
- Employer Sponsored Stream: This stream is for workers nominated by an Australian employer in regional areas. It’s the most common route for people applying for the 494 visa.
- Labour Agreement Stream: This stream applies when an employer enters into a labour agreement with the Australian Government to sponsor workers for positions that meet specific industry needs.
- Subsequent Entrant Stream: With this stream, you can bring your eligible family members to live with you in Australia.
Eligibility for the 494 Visa:
- Be under 45 years of age when applying.
- Be nominated by an approved sponsor.
- Have the necessary skills, qualifications, and work experience for the occupation.
- Meet the required health and character standards.
- Show competent English language proficiency.
Benefits of the 494 Visa:
- Live, study and work in regional Australia for 5 years.
- Gain work experience in Australia while contributing to the local economy.
- Bring family members to live with you.
- Travel to and from Australia freely within the visa’s validity period.
- If eligible, you can apply for Australian PR after 3 years of holding this visa.
The 494 visa offers a pathway to permanent residency for skilled workers in regional areas. However, the restrictions tied to your employer and occupation mean that changing employers is not always straightforward.
Understanding the 8608 Visa Condition
When you hold a 494 visa, there are specific work conditions you must adhere to under the 8608 visa condition. This condition limits the types of employment you can engage in while on this visa.
Key Points About the 8608 Visa Condition:
- You must work only in the occupation nominated in your visa application.
- You are not allowed to work in a different occupation unless you apply for a new 494 visa with the updated nomination.
- If your visa was granted under a Labour Agreement or Standard Business Sponsorship, you must continue to work for your original employer or an associated entity.
When Can You Change Employers?
- To switch employers, your new employer must get their nomination approved before you can begin working for them.
- You are allowed to stop working or work outside the specified conditions for up to 180 days in a single period or 365 days in total throughout the validity of your visa (starting from 1 July 2024).
Other Important Considerations:
- If the job requires a licence, registration, or membership, you must hold these credentials within 90 days of your visa being granted or your arrival in Australia.
- If your licence or registration is revoked, you must inform the authorities immediately.
The 8608 visa condition ensures that you are working in a specified occupation with the right employer. If you wish to change employers, it is vital to meet the requirements of this condition and apply for the correct nomination. Now, let’s look at when it is possible to change employers on your 494 visa and how to go about it.
Can I Change Employers on a 494 Visa?
Changing employers on a 494 visa is possible, but it comes with specific rules and steps to follow. While your visa ties you to a nominated employer and occupation, you can change employers if you meet the following criteria:
Conditions Under Which You Can Change Employers:
- New Employer Nomination: Your new employer must submit a new nomination for the same occupation. The 494 visa allows you to switch jobs, but only with an employer who is eligible and willing to sponsor you.
- Regional Certification: If your previous employer was located in a regional area, your new employer must also be based in a regional area, ensuring you continue to meet the visa’s regional work requirements.
Role of the Regional Certifying Body (RCB):
The RCB plays a key role in approving your new employer’s nomination. They must confirm that your new employer meets all the necessary requirements to sponsor you for the role.
Changing employers on a 494 visa is possible as long as you adhere to the nomination process and ensure that your new employer is eligible. Let’s now dive into the detailed steps you need to take when you decide to switch employers.
Process for Changing Employers
If you decide to change employers, there are several important steps to follow to ensure an accurate process and without jeopardising your visa status.
Steps to Take When Seeking a New Nomination:
- Find a New Employer: Your new employer must be willing to nominate you for the same occupation you were initially nominated for under the 494 visa.
- New Nomination Application: The new employer must submit the nomination application to the Department of Home Affairs for approval.
- Gather Required Documents: Ensure that you have all necessary documentation, including your updated employment contract, job description, and qualifications to support the new nomination.
- Documentation Required:
- Updated employment records
- Job description
- Evidence of the new employer’s eligibility
- Proof of relevant skills and qualifications
Time Limits for Ceasing Work and Finding a New Sponsor:
You must either stop working or find a new employer within 180 days (single period) or 365 days (total) after your initial employer stops sponsoring you.
Changing employers is a process that requires careful planning and adherence to the Department of Home Affairs’ rules. Once you have submitted your new nomination and documents, you can continue to live and work in Australia.
Final Thoughts
Changing employers on a 494 visa is possible but requires following the correct process to ensure you remain compliant with your visa conditions. Whether you are looking to find a new employer or need to transition to another nomination, it’s important to seek professional help and ensure all the documentation is in order.
If you need assistance with changing employers or understanding the visa requirements, Knowbal is here to help. Our experienced team can guide you through the process, making sure your application is processed smoothly and in full compliance with the law.
Contact Knowbal today for expert advice and support with your 494 visa transition and employer change process.