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494 Subsequent Entrant Visa: Employer Consent and Family Requirements
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494 Subsequent Entrant Visa: Employer Consent and Family Requirements

A subclass 494 subsequent entrant application allows eligible family members to join a primary Skilled Employer Sponsored Regional visa holder after the main application has already been lodged or granted. Unlike many family additions, the 494 process also involves the primary worker’s employer.

The employer must agree in writing

Home Affairs expressly requires a subsequent entrant to attach a written letter from the primary visa holder’s work sponsor extending the nomination to include the family member. The purpose is to ensure the employer is aware of the family members to whom sponsorship obligations will extend.

This requirement should be discussed with the employer before the family member lodges.

Who can be a subsequent entrant?

The applicant must be a member of the family unit of the primary 494 visa holder or main applicant. This commonly includes a spouse or de facto partner and eligible dependent children, subject to the statutory definition.

Partner evidence

A partner should provide evidence showing that the relationship meets the relevant requirements. Depending on the case, this can include marriage documents, joint finances, household arrangements, social recognition, correspondence and a relationship history.

Adult dependent children

Adult children may need specific dependency evidence. Home Affairs refers to evidence such as living arrangements, tax records and current study when financial dependency must be established.

Regional conditions still matter

The subclass 494 is a regional provisional visa. Home Affairs states that holders must live, work and study only in designated regional areas. A subsequent entrant should understand these conditions before relocating to Australia.

The visa does not become metropolitan merely because the family member is not employed by the sponsor.

Health, character and English

Family members must meet applicable health and character requirements. Home Affairs also requires Functional English for relevant applicants or may require payment of a second instalment where the legislation permits.

The visa usually ends with the primary holder’s visa

A subsequent entrant is joining the primary holder’s existing regional visa pathway. Timing therefore matters. Lodging late in the primary visa period can produce a much shorter practical stay than applicants expect.

What if the primary worker changes employer?

Changes in sponsorship, employment or nomination can affect the analysis. Confirm which employer holds the most recent approved nomination and obtain the correct written support before lodging.

Permanent residence planning

Eligible subclass 494 holders and family members may later consider the subclass 191 permanent residence pathway. The family should plan together and preserve evidence of compliance with regional visa conditions.

See our comparison of 491 and 494 regional visas for broader regional migration context.

Documents to prepare

  • primary holder’s 494 grant or pending-application details;
  • written employer letter extending the nomination;
  • passports and identity documents;
  • marriage, birth or relationship evidence;
  • dependency evidence for adult dependants where required;
  • English evidence where relevant;
  • police certificates; and
  • health examination information.

If your family is considering a 494 subsequent entrant application, contact Emigrate Lawyers to check the employer and family requirements before lodgement.

Related guide: 494 nomination refusal and review options explains what can happen if the underlying regional nomination is refused.

Official resource: Home Affairs subclass 494 subsequent entrant guidance.

This article is general information only and does not constitute legal advice.

About the author

Madhab Kharel

Principal Lawyer & Director, Emigrate Lawyers

Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers, an Australian law firm assisting clients across Australia and internationally. His migration law practice includes Partner Visas, Protection Visas, visa refusals and cancellations, Administrative Review Tribunal matters, health and character issues, Schedule 3, Section 48, sponsorship limitations and employer-sponsored migration. He regularly advises clients with complex immigration histories and matters requiring detailed legal submissions and evidence strategy.

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