[Australia Weekly Migration News 63 issue]

Legislative Instrument F2019L01403- LIN 19/219: Occupations for Subclass 494 Visas Instrument 2019 specifies eligible occupations and ANZCO codes for the SC 494 visa. The occupation lists for the SC 494 are comprised of the Medium and Long-term Strategic Skills List (MLTSSL), and the Regional Occupation List (ROL). There are a total of 650 occupations available for the SC 494 with 216 occupations available on the MLTSSL and 434 occupations available on the ROL.

Subclass 494- Employer-sponsored stream Exemptions

Age exemptions

For the purposes of subclause 494.223(2) applicants are not required to be under 45 for the subclass 494 in the Employer-Sponsored stream if they are:

  1. a) Academic applicants
  2. b) Regional medical practitioner applicants
  3. c) Science applicants
  4. d) Subclass 444/461 workers
  5. e) Subclass 457/482 workers

Skills and Employment History exemptions

For the purposes of 494.224(7), applicants for the subclass 494 in the employer-sponsored stream are exempt from skills assessment requirements under 494.224(2) to (5) if they are:

  1. a) Academic applicants
  2. b) 444/461 workers

For the purposes of 494.225(2) applicants for the subclass 494 in the employer-sponsored stream are exempt from having to be employed in the nominated occupation for at least 3 years on a full-time basis and at the level of skill required for the occupation as mentioned in 494.225(1)(a) if they are:

  1. a) Academic applicants;
  2. b) 444/461 workers

Legislative Instrument – F2019N00081 – Health Insurance (Eligible persons and Holders of Skilled Work Visa (subclass 491 and 494)) Order 2019, confirms that both Subclasses 494 and 491 visa holders will be eligible for Medicare. The Instrument specifies these visa holders as ‘eligible persons’ under the Health Insurance Act 1973.

Members should be aware that the individual must be the holder of one of these visas to be eligible, Medicare coverage is not granted to applicants who have only lodged applications for these subclasses. Members should advise clients to maintain health insurance if that is a condition of their current visa until their Subclass 494 or 491 is granted.

Legislative Instrument F2019L01406- LIN 19/218: Temporary visa classes for eligibility for English classes Instrument 2019 specifies two new temporary visa classes to ensure those holders of the new Subclass 491 and Subclass 494 who do not have functional English are eligible for approved 510 hrs. English courses through the Australian Government Adult Migrant English Program (AMEP).

The Instrument commences on 16 November 2019

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