What Are My Options If I Can’t Find Work in My Occupation on a Subclass 494 Visa?

Find out what to do if you lose your job while on a Subclass 494 visa. Explore legal alternatives such as finding a new sponsor, applying for bridging visas, and understanding your rights to remain lawful in Australia during transitions.

The Subclass 494 Skilled Employer Sponsored Regional visa offers a pathway to permanent residency in Australia, dependent on maintaining employment in your nominated occupation within a regional area. This visa provides a unique opportunity to build a career while contributing to regional development. However, challenges such as business closures, economic downturns, or difficulty finding a job in your field can create uncertainty for visa holders.

If you lose your job, it doesn’t mean all your options are lost. There are practical legal alternatives available to help you maintain your status. These include finding a new regional sponsor, applying for other skilled visa subclasses, or transitioning to a bridging visa while you explore further opportunities. This guide highlights the steps you can take to navigate the situation and secure your future in Australia, ensuring that you continue on your pathway to permanent residency even in the face of unexpected challenges.

What To Do If You Lose Your Job on a Subclass 494 Visa

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Work Requirements of the Subclass 494 Visa

The Subclass 494 visa comes with strict conditions linking your residency status to your nominated occupation and sponsoring employer.

Employer Nomination Requirement: To be granted a 494 visa, you must be nominated by an approved employer operating in regional Australia. This employer sponsors you for a specific role, and your ongoing visa validity depends on your continued employment in that nominated occupation.

Occupation List Restrictions: Your occupation must be on the Regional Skilled Occupation List. This list includes professions in demand in regional areas. Changing your career pathway or employer without proper approval can lead to visa non-compliance.

Three-Year Work Requirement for Permanent Residency: To become eligible for permanent residency through the Subclass 191 visa, you must work in your nominated occupation for at least three years with your sponsoring employer or a new approved sponsor. Failing to meet this requirement may delay or jeopardise your pathway to permanent residency. In short, your visa is closely tied to your job. If employment is lost, timely action is essential to protect your visa status.

Challenges When Work Isn’t Found

Despite the best intentions, several scenarios can hinder your ability to continue working in your nominated occupation under a 494 visa:

Employer Withdraws Sponsorship: If your employer shuts down, restructures, or no longer requires your services, they may withdraw their nomination. This places your visa status at risk as your legal right to stay in Australia is tied to that sponsorship.

Economic Downturns in Regional Industries: Certain industries, such as hospitality, tourism, or construction, may face economic slowdowns, reducing job availability in regional areas and making it harder to find suitable employment.

Limited Regional Job Opportunities: Regional areas may lack alternative employers for your specific skill set, limiting your ability to secure a new sponsorship within the required time frame. These challenges can be distressing, but there are legal alternatives available to help maintain your lawful status and future prospects in Australia.

Alternative Pathways If You Can’t Find Work

Losing your job under a 494 visa is not the end of your journey in Australia. Here are the options available:

Finding a New Sponsor: If another approved regional employer is willing to sponsor you in the same or a closely related occupation, you may be able to transfer your visa. A new nomination must be lodged and approved by the Department of Home Affairs.

Transitioning to a Different Visa Subclass:
You may be eligible to apply for an alternative visa depending on your qualifications, work history, and eligibility criteria:

Skilled Independent Visa (Subclass 189): Requires meeting the points threshold and being invited to apply.

Skilled Nominated Visa (Subclass 190): Requires nomination by a state or territory government.

Temporary Skill Shortage Visa (Subclass 482): Allows temporary work in Australia if a new employer sponsors you.

These options may require a reassessment of your occupation and skillset, but can provide additional flexibility.

Applying for a Bridging Visa: If your employment is terminated and you are in the process of applying for another visa, you may be eligible for a bridging visa. This enables you to remain lawfully in Australia while your new application is processed. Bridging visas provide temporary legal status but must be carefully managed to ensure compliance with visa conditions.

The Role of Immigration Lawyers

Navigating job loss on a 494 visa can be complex. Consulting a migration lawyer can provide critical support in protecting your rights and exploring your options.

Assisting With New Employer Nominations: An immigration lawyer can assist in securing a new sponsor and ensure that the nomination process complies with immigration law.

Assessing Eligibility for Alternative Visas: Your lawyer can assess your situation against other visa subclasses, advise on your best options, and assist with preparing a strong application.

Avoiding Unlawful Status: Remaining in Australia unlawfully can have long-term consequences, including re-entry bans. Legal guidance helps ensure you apply for bridging visas on time and remain compliant with all visa conditions.
Example: A Subclass 494 visa holder employed in South Australia loses their job due to business closure. With legal assistance, they secure a bridging visa and apply for a Skilled Nominated Subclass 190 visa. This transition maintains their legal stay and opens a new path to permanent residency.

Conclusion

Losing your job on a Subclass 494 visa can be unsettling, but it does not mean your journey in Australia must end. With timely action and the right legal advice, you may find a new sponsor, shift to a different visa pathway, or maintain lawful residence through a bridging visa. Act quickly and seek professional immigration advice to evaluate your options and protect your future in Australia.

Need help? Contact CMI Legal today to speak with an experienced immigration lawyer about your visa status and options.