Category: Visas

Planning a move to regional Australia can be exciting, but it often comes with confusion about which visa fits your goals. Many skilled workers feel overwhelmed by complex requirements or fear being rejected for not meeting strict criteria. 

The 494 visa eligibility criteria offer a well-structured, realistic pathway for professionals who are serious about building a long-term future in regional communities. These criteria include employer sponsorship from a regional area, a role that exists for at least five years, age under 45, competent English, regional certifying body (RCB) advice and meeting the annual market salary rate (AMSR) benchmark.

If you’re looking for a visa that rewards your skills with long-term opportunities and a pathway to permanent residency, the 494 visa may be the best decision you make for your career in Australia.

494 Visa Eligibility Criteria – A Quick Overview

To qualify for the 494 visa, you must meet the following:

• A job offer from an approved employer in a designated regional area
• The role must be on the skilled occupation list and expected to last at least five years
• Be under 45 years of age (unless exempt)
• Meet English language requirements (usually through a recognised test)
• Approval from an RCB
• A salary that meets the AMSR

These requirements help confirm the job is genuine and offers long-term opportunities.

Need Help with 494 Visa Eligibility in Sydney? Trust Best Immigration Lawyers to Guide You

If you’re in Sydney and feeling unsure about meeting the 494 visa eligibility criteria, you’re not alone. At Best Immigration Lawyers, we specialise in helping skilled professionals navigate the visa process with clarity and confidence. Our experienced agents know the system inside out and can take the pressure off your shoulders.

We proudly offer expert immigration support across Australia, including NSW, VIC and QLD, making it easier for you to move forward with peace of mind. Whether you’re stuck with paperwork or don’t know where to start, we’re here to help every step of the way.

Call us today at 0292830888 or fill out our contact form to get personalised guidance that puts your future first.

What Are the General Eligibility Criteria for a 494 Visa?

The 494 visa is a skilled employer sponsored regional (provisional) visa that allows skilled workers to live and work in designated regional areas of Australia. This pathway not only helps employers fill regional skill shortages but also provides a steady road to permanent residency. 

To succeed in this route, applicants must meet specific conditions designed to support regional development and workforce needs. The eligibility process involves more than just a job offer. It includes:

• employer sponsorship
• proof of English ability
• age limits and 
• a series of compliance checks. 

Each requirement plays a key role in ensuring only the right candidates move forward. Let’s explore these vital eligibility components.

1. Employer Sponsorship from a Regional Area

Every 494 visa applicant must receive sponsorship from an approved Australian employer based in a designated regional area. The position must be on the relevant skilled occupation list, and the employer must show a genuine need for that role.

This sponsorship forms the foundation of the application. Employers must be actively trading, financially secure and compliant with Australian workplace laws. Their nomination ensures the job role is legitimate and benefits the local economy.

2. Position Must Be Likely to Exist for 5 Years

The job must be more than a temporary solution. It should be sustainable for at least five years, reflecting long-term workforce needs. This condition shows the Government’s commitment to regional workforce stability.

Employers must demonstrate how the role will remain relevant and funded over time. This gives applicants confidence that their employment and residency are backed by a strong, long-term outlook.

3. Age Limit: Under 45 Years (With Some Exemptions)

Applicants must be under 45 years of age at the time of application. This ensures long-term contribution to the Australian workforce. However, certain exemptions exist for specific occupations or applicants with highly specialised skills.

These exemptions must be carefully reviewed as they vary depending on the nominated occupation and sector. It’s essential to check your eligibility early, especially if you’re close to the age threshold.

4. Competent English Language Skills Required

English fluency plays a major role in the visa process. Applicants must show competent English, generally through an IELTS score of 6.0 in each band or equivalent test results (e.g., PTE, TOEFL, OET).

Language ability is more than a test score; it’s about ensuring clear workplace communication, community integration and professional development. Your test results must be less than three years old at the time of application.

5. RCB Advice Required

An approved RCB must assess the nominated position and provide formal advice. The RCB checks that the position cannot be filled by an Australian citizen or permanent resident in the local area.

This adds a layer of trust and ensures genuine skills shortages are being filled. Without RCB approval, your visa application will not proceed, making this a crucial early step in the process.

6. Must Meet the AMSR 

The nominated role must meet the AMSR requirement. This ensures fair pay for visa holders and avoids undercutting local wages. Employers must prove that the salary offered aligns with what an Australian worker would earn in the same role.

This protects the integrity of Australia’s labour market and supports equal opportunities. Applicants benefit by having a stable, well-compensated position from day one.

Benefits of a 494 Visa

The subclass 494 visa is more than a temporary work visa. Whether you’re a skilled worker or an employer, the benefits are real and lasting. Below are the top advantages of securing this visa in Australia.

• Pathway to Permanent Residency: After 3 years of living and working in a regional area, 494 visa holders can apply for the permanent residence (skilled regional) visa – subclass 191. This creates a realistic and rewarding path to PR for skilled professionals.
• Work Rights for Partner and Family: Your partner and eligible family members can also live, study and work in regional Australia under this visa. This promotes a strong family support system while contributing to the regional economy.
• Live and Work in Designated Regional Areas: The visa allows you to live, work and study in specified regional zones across Australia. These areas often provide a better cost of living, work-life balance and a strong sense of community.
• Boosts Career and Professional Growth: Regional employers offer a wide range of skilled jobs. With lower competition and high demand in essential sectors, you’ll find better career stability and growth opportunities.
• Access to Medicare and Local Services: Once your visa is granted, you’ll be eligible to enrol in Australia’s public healthcare system – Medicare. This ensures quality medical services without the full cost burden.
• Support for Regional Development: By taking part in the 494 visa program, you’re directly supporting regional economic growth. Your skills help fill genuine gaps and build stronger communities.
• Flexibility to Change Employers: Though you must work in a nominated occupation, it is possible to change employers if needed. The new employer must be an approved sponsor and follow the nomination process, giving you job flexibility without starting over.
• Priority Processing for Regional Visas: The Australian Government gives faster processing to regional visa applications. This means less waiting and more clarity on your next steps toward a permanent future in Australia.

How Much Does the 494 Visa Cost?

Applying for a subclass 494 visa involves government charges that vary depending on individual circumstances. However, most primary applicants can expect to pay AUD 4,640 as the base visa application charge. There are additional fees for secondary applicants (spouse and children), and extra costs may apply for English language tests, medical exams and police checks. 

The total cost depends on the number of dependents and whether any exemptions or concessions apply. While the price is an investment, the value it returns through permanent residency and secure employment is unmatched.

Summing Up

The 494 visa creates genuine opportunities for skilled workers who are ready to make a difference in regional Australia. With employer support, fair pay and a clear path to permanent residency, it’s not just a visa—it’s a new chapter. 

Whether you want a better lifestyle, job security or a place where your family can grow, this visa delivers stability and reward for your talent and effort. Following the correct steps, meeting the criteria and working with the right support can open the door to a fulfilling life in Australia’s thriving regional hubs. If you’re serious about taking that next big step, the 494 visa is built to help you get there.

When your future together depends on a visa, every month feels like forever. The uncertainty, the waiting—it’s a tough space to be in, especially when you’re planning a wedding and life in Australia. If you’re applying for a prospective marriage visa (subclass 300), you’re probably wondering: how long does a prospective marriage visa (300 visa) take?

On average, the processing time ranges from 9 to 25 months. About half of the applications are finalised in 9 to 13 months, and 90% are done within 25 to 35 months. Timelines vary based on how complete your application is and how quickly supporting documents are submitted and assessed.

Keep reading to understand what affects your visa timeline, how to avoid delays and whether there are ways to speed things up.

How Long Does a Prospective Marriage Visa (300 Visa) Take? A Short Overview

The subclass 300 visa does not follow a fixed timeline for everyone, but most applicants can expect to wait several months. Based on recent updates, about 50% of applicants receive decisions within 9 to 13 months. In more complex cases or when additional documentation is needed, it may take up to 35 months. Delays often happen when health checks, police clearances or relationship evidence aren’t submitted properly. 

On the bright side, if your application is complete, accurate and clearly shows a genuine relationship, your chances of quicker approval are higher. Planning ahead, staying prepared and knowing what to expect can help ease the wait and bring you closer to your life in Australia.

Ready to Bring Your Partner to Australia? Make It Happen with Best Immigration Lawyers Sydney

Planning a life with your partner shouldn’t be delayed by visa stress. At Best Immigration Lawyers Sydney, we understand how important your future together is. 

Our experienced agents take the pressure off by guiding you through every step of the prospective marriage visa (subclass 300) process with clarity and care. We proudly assist clients across Australia, including NSW, VIC and QLD, offering tailored support to make your visa journey smoother and faster. With a strong track record and personalised advice, we make sure no detail is missed.

Call us now at 0292830888 or fill out our contact form. Your new life in Australia starts here.

Current Processing Times for the Subclass 300 Visa

As of recent data:​

• 25% of applications are processed within 5 months.
• 50% within 9 months.
• 75% within 19 months.
• 90% within 35 months. 

These timelines are indicative and can vary based on individual circumstances and the factors mentioned earlier.​

What Factors Affect the Processing Time of the Prospective Marriage Visa (300 Visa)?

Several elements can influence the duration it takes to process a subclass 300 visa application. Being aware of these can help you prepare better and potentially expedite the process.

• Completeness of Application: Submitting a fully completed application with all necessary documents can prevent delays. Incomplete applications often require additional information, extending processing times.
• Health and Character Checks: Applicants must undergo health examinations and provide police clearances. Delays in these checks or issues arising from them can prolong the visa process.
• Volume of Applications: High volumes of visa applications can lead to longer processing times due to increased workload on immigration authorities.
• Changes in Immigration Policies: Modifications in immigration laws or policies can impact processing times, either speeding them up or causing delays.
• Verification of Relationship: The authenticity of the relationship is a critical factor. If immigration officials require more evidence to verify the genuineness of the relationship, it can extend the processing period.

Tips to Expedite Your Prospective Marriage Visa Application

Follow the tips below to help expedite your prospective marriage visa application:

• Ensure Complete Documentation: Double-check that all required documents are included and correctly filled out.
• Prompt Responses: Respond quickly to any requests for additional information from immigration authorities.
• Maintain Open Communication: Keep lines of communication open with your case officer and promptly inform them of any changes in circumstances.
• Seek Professional Guidance: Consulting with a registered migration agent can provide clarity and assistance in navigating the application process.

Final Thoughts

The prospective marriage visa (subclass 300) takes time, but understanding the process helps. Submit a complete, honest application with strong evidence. Respond quickly and stay updated. The wait is worth it to start your life together in Australia.

No one plans to become unlawful in a country they now call home. But for some, love and life take unexpected turns that lead to uncertainty and fear. If you’re living in Australia without a valid visa and want to stay with your partner, the rules can feel overwhelming and harsh. That’s where the Schedule 3 waiver for a partner visa becomes crucial. So, what is a Schedule 3 waiver for a partner visa?

This waiver lets someone in Australia, who’s either unlawful or on a bridging visa, apply for a partner visa without needing to leave the country. It’s granted for compassionate or compelling personal reasons and helps couples stay together, even when visa issues are tricky.

Keep reading to find out how it works and who can apply.

What is a Schedule 3 Waiver for a Partner Visa? An Overview

The Schedule 3 waiver lets someone who is in Australia unlawfully or on a bridging visa apply for a partner visa without having to leave the country. It’s not automatically granted. The applicant must show strong personal reasons, such as a long-term relationship, shared children or other serious commitments. 

The waiver helps couples stay together in Australia while maintaining the integrity of the visa system. If approved, it means they can remain in the country while their partner visa is being processed.

Struggling with a Schedule 3 Waiver in Sydney? Let Best Immigration Lawyers Help You Stay Together

If you’re facing visa uncertainty in Sydney due to a Schedule 3 issue, don’t go through it alone. Best Immigration Lawyers has helped countless couples across Australia, including NSW, VIC and QLD, secure their partner visas, even when the odds felt stacked against them. 

Our experienced team understands how personal this journey is, and we know exactly how to present your case with the care and strength it deserves. We work closely with you to prepare compelling submissions and navigate complex legal details, so you can focus on your future with peace of mind.

Call us today at 0292830888 or fill out our contact form to get started with the support you need.

What is the Purpose of the Schedule 3 Waiver for a Partner Visa?

The Schedule 3 waiver is a provision in Australian immigration law that allows individuals who do not hold a substantive visa at the time of applying for a partner visa to remain eligible for the visa under certain conditions. Its primary purpose is to maintain the integrity of the immigration system by ensuring that applicants do not exploit the visa process by remaining in Australia unlawfully or on non-substantive visas.

However, the waiver also acknowledges that unforeseen circumstances can lead to individuals becoming unlawful non-citizens. By providing a pathway for these individuals to regularise their status, the Schedule 3 waiver balances the need for immigration control with compassion for genuine cases.

What You Need for a Schedule 3 Waiver

To be considered for a Schedule 3 waiver, applicants must meet specific criteria outlined in the migration regulations. These requirements are designed to assess the validity and circumstances of the applicant’s situation.​

• Non-Substantive Visa Holder: The applicant must not hold a substantive visa at the time of applying for a partner visa.
• Time Limits: Applications must be lodged within specific timeframes after the previous visa expired or after becoming unlawful.​
• Compelling Reasons: There must be compelling reasons for the applicant’s unlawful status and for granting the visa despite this.​
• Compliance with Visa Conditions: The applicant must have complied with the conditions of any previous visas held.
• Intention to Comply: The applicant must intend to comply with the conditions of the partner visa if granted.

What is Criterion 3001 Under Schedule 3?

Criterion 3001 pertains to the timing of the visa application. It requires that the partner visa application be lodged within 28 days of the applicant’s last substantive visa ceasing or from the date they became unlawful.​ This criterion ensures that applicants act promptly to regularise their immigration status and discourages prolonged periods of unlawful residence in Australia.​

What is Criterion 3002 Under Schedule 3?

Criterion 3002 applies to individuals who entered Australia on a diplomatic (subclass 995) visa or a special purpose visa. It requires that the partner visa application be lodged within 12 months of the applicant’s last substantive visa ceasing or from the date they became unlawful.​ This criterion recognises the unique circumstances of certain visa holders and provides a longer timeframe for them to apply for a partner visa.​

What is Criterion 3003 Under Schedule 3?

Criterion 3003 addresses situations where the applicant became an unlawful non-citizen due to factors beyond their control. To satisfy this criterion, the applicant must demonstrate:​

• The circumstances leading to their unlawful status were beyond their control.​
• There are compelling reasons for granting the partner visa.​
• They have complied with the conditions of any previous visas held.​
• They intend to comply with the conditions of the partner visa if granted.​

This criterion ensures that only those with genuine and unavoidable reasons for their unlawful status are considered for the waiver.​

What is Criterion 3004 Under Schedule 3?

Criterion 3004 is similar to Criterion 3003 but applies to applicants who have not held a substantive visa since becoming unlawful. To satisfy this criterion, the applicant must demonstrate:​

• The reasons for not holding a substantive visa are beyond their control.​
• There are compelling reasons for granting the partner visa.​
• They have complied with the conditions of any previous visas held.​
• They intend to comply with the conditions of the partner visa if granted.​

This criterion ensures that applicants who have been unlawful for extended periods without holding any visa are thoroughly assessed before being granted a waiver.​

What to Do After Receiving a Schedule 3 Waiver

Receiving a Schedule 3 waiver is a significant step in the partner visa application process. However, it’s essential to follow through with the necessary actions to ensure a successful outcome.

1. Acknowledge the Waiver: Understand the conditions and implications of the waiver granted.​
2. Gather Documentation: Collect all required documents supporting your partner visa application, including evidence of your relationship and compliance with visa conditions.​
3. Submit Application Promptly: Lodge your partner visa application within the stipulated time frame to avoid any complications.
4. Maintain Compliance: Ensure you adhere to all visa conditions and Australian laws while your application is being processed.​
5. Seek Professional Advice: Consider consulting a registered migration agent for guidance and to strengthen your application.
6. Monitor Application Progress: Stay informed about the status of your application and respond promptly to any requests from the Department of Home Affairs.

Wrapping Up

The Schedule 3 waiver for a partner visa is more than just a technical step in the visa process. It’s often the only hope for couples who want to stay together in Australia despite difficult visa histories. If your situation feels uncertain because of a past visa issue or because you’ve been unlawful for a time, this waiver may be the key to keeping your life and relationship intact.

But time matters. The sooner you understand your eligibility, the better you can prepare your case with the right documentation and evidence. The goal of this waiver is to support those in genuine, committed relationships while maintaining fairness within Australia’s immigration system. 

With the right support and a clear plan, you can move from stress to stability and build a future with your partner on solid ground.