SESR Visa Lawyers
Overview
Skilled Employer Sponsored Regional (SESR) (Subclass 494) Visa
The TSS, SESR, and ENS programs are employed-sponsored visas for skilled foreign workers in certain occupations. The SESR Subclass 494 visa is a temporary visa for applicants to work in designated regional areas, with a pathway to permanent residency via the Subclass 191 visa. For further information, see our FAQ below.
Target Market
- Established businesses in designated regional areas
- Employees with job offers from companies based in designated regional areas
Visa Applicant Requirements
- Be under the age of 45
- Qualifications that match the role
- At least 3 years of full-time, post-qualification experience in the role
- A skills assessment in the nominated occupation
- Genuine intention to work in the nominated position
- Mandatory licensing, registration, or professional membership requirements
- Adequate arrangements for health insurance
- Health, character, and English requirements
Company (Sponsorship) Requirements
- Actively and lawfully operating in Australia or
- Actively and lawfully operating overseas but requiring the visa applicant to establish an Australian business or fulfill contractual obligations
Position (Nomination) Requirements
- A genuine, full-time position in the sponsor’s business that is likely to exist for at least 5 years
- The position must be located in a part of Australia that is a designated regional area
- The salary must be certified by a relevant Regional Certifying Body as being in line with market rates
- A salary in line with market rates
- Subject to Labour Market Testing (LMT)
- On the relevant occupation lists
Documents
Skilled Employer Sponsored Regional (SESR) (Subclass 494) Visa
The actual documents you require are dependent on your particular circumstances including (but not limited to) your family members, your health and character, your identity, and your occupation. Your Global Solicitor advisor will provide you with a link to the Global Solicitors portal which will set out the specific documents required.
Sponsorship Documents
- An Australian Business Number (ABN) registration certificate if you are an Australian-based employer
- An Australian Registered Body Number (ARBN) registration certificate if you are an overseas business registered to operate in Australia
- Evidence of registration in the country you operate in if you do not currently operate in Australia
- If your business has a registered business or trading name, provide a copy of the Business Names Details extract from the Australian Securities and Investment Commission’s (ASIC) business name register
- If you are a larger or an established business that has operated over a number of years, provide:
- Profit and loss statements
- Annual report for the most recently concluded financial year
- If you are a smaller or recently established business, provide:
- Tax returns for the most recently concluded financial year
- Recent business activity statements (BAS)
- Recent bank statements
- If you are a new business provide a business plan which includes contracts to provide services, contracts for lease/purchase of business premises, evidence of employment of staff
- If your business is not yet operating in Australia, show your intention to set up in Australia or that you have a contractual obligation to set up in Australia
Nomination Documents
- Organizational chart
- Employment contract
- Letter of support from an accountant confirming business is a going concern
- Market salary report (AMSR)
- Labour Market Testing (LMT) requirement
- RCB Certification Letter
- Genuine position summary confirming that occupation is in line with the ANZSCO description. position fits into the business.
Visa Documents
- Biographical pages of your current passports or travel documents
- Full-quality passport-sized photograph of yourself
- Evidence of your health assessment (we will advise you if this is required after we receive your completed questionnaire)
- Police certificates for any country (including Australia) if you have lived for a cumulative period of 12 months or more.
- Passport bio-data page for each family member
- Full-quality passport-sized photograph of each family member
- Birth certificate for each family member (translated)
- If in a married relationship, a copy of your marriage certificate (translated)
- If in a de facto relationship, evidence of at least 6 months of (i) shared finances (bank/credit card statements) (ii)living together (lease, correspondence at same address), and (iii) social (messages to each other)
- If children are between 18 and 23, evidence of financial dependency: (i) reside in the same household (E.g. correspondence to the same address) (ii) financial dependency (e.g. bank statements) (iii) studying (E.g. university enrolment)
- If including a child under 18 where a parent is not included, evidence of custody (legal documents and Form 1229)
- A skills assessment from a registered organization
- Your up-to-date CV covering at least 5 years
- Educational qualification certificates
- Registration, licensing, and professional membership certificate (as relevant)
- Employment references from previous employers (as relevant)
- Documents evidencing your English capabilities: (i) IELST / OEP / PTE/ CAE results or (ii) Passport biodata page/qualifications
Process
Skilled Employer Sponsored Regional (SESR) (Subclass 494) Visa
You should consider the preparation of the following items before applying for a Skilled Employer Sponsored Regional (SESR) (Subclass 494) visa, which may include: confirming nomination from your prospective employer and requesting the Transaction Reference Number (TRN) for your records, obtaining a skills assessment, check the validity of your passport, an English proficiency examination, or undergoing a health evaluation. You may need assistance with your application from a Registered Migration Agent and/or qualified Immigration Lawyer.
Gathering The Documents
Collate all the documentation that you require for your application to ensure the Department has all the information available to correctly assess your eligibility for the Skilled Employer Sponsored Regional (SESR) (Subclass 494) visa (see documents tab).
All documents will have to be digitized (scanned or photographed and uploaded to a computer). Ensure all non-English documentation is translated into English.
Applying For The Visa
The application for the Skilled Employer Sponsored Regional (SESR) (Subclass 494) visa is completed online via Immi Account, a portal managed by the Department:
- Log in or create an Immi Account on the Department website
- Attach documents as outlined in the application
- Pay the application fee (Note: The Department will not process your application until the relevant fees are paid). As of August 2022, lodgement fees are noted below (in Australian dollars), noting that fees can vary depending on your family members:
- Primary Applicant: $4,240
- Secondary Applicant(s): $2,120 > 18, $1,060 < 18
- Secondary visa application charge (for > 18 who do not have functional English
Input the TRN provided by your prospective employer
Ensure that all family members accompanying the primary visa holder are added to your visa application, as you are unable to add family members after the application has been submitted. If you are successful in your visa application, certain family members can join you in Australia as subsequent entrants.
After Application
The Department will send a confirmation letter (via email and/or the Immi Account portal messaging system) once your application and associated documentation have been received.
The standard processing times from the Department for the Skilled Employer Sponsored Regional (SESR) (Subclass 494) visa are as follows:
- 50% of applications: 4 months
- 75% of applications: 6 months
No updates on the application will be provided during the standard processing time. If more information is required, this will be requested via the Immi Account portal.
Do not travel to Australia until the outcome of your visa application is received and you have been granted the visa. If you are in Australia during the application process, ensure you hold a valid substantive visa or Bridging Visa until the application is processed.
Be sure to advise the Department if there are any mistakes on your application but submitting a Notice of Incorrect Answers, or if your circumstances change after you have applied.
Visa Outcome
The Department will advise you of the outcome of your Skilled Employer Sponsored Regional (SESR) (Subclass 494) visa application in writing.
If your visa application is successful, you will be advised of:
- Your visa grant number
- The date your visa starts (and ends) and
- Your visa conditions.
Be sure to retain a copy of the decision for when you arrive and whilst you live in Australia.
If you are refused a visa, you will be advised in writing:
- The reason(s) for the unsuccessful application and
- Whether you have a right to review the decision
You must read and understand the refusal notification clearly to understand the timeframe and means of appeal. Declined visa applications are generally provided with 21 days to lodge a review application with the Administrative Appeals Tribunal (AAT).
In most cases, your application fee will not be refunded even if the application is unsuccessful.