Regional
Sponsored Migration Scheme -- Frequently Asked
Questions
1.
What is the Regional Sponsored Migration Scheme?
The
Regional Sponsored Migration Scheme (RSMS), is one of
several government initiatives designed to attract
migrants to regional or low population growth areas of
Australia.
The
scheme allows Australian employers that are lawfully
operating in regional Australia to fill permanent,
full-time positions that the employers have been
unable to fill from the local labour market. Any
employer can participate in the scheme as long as
their business and the nominated positions are located
in regional Australia.
The RSMS
process consists of three distinct stages:
-
certification
of the nomination by a Regional Certifying Body,
-
nomination
by the employer, and
-
nominee's
application for a visa.
2.
What regions are covered under the Regional Sponsored
Migration Scheme?
The
Regional Sponsored Migration Schemen covers all of
Australia except:
-
Sydney,
-
Newcastle,
-
Wollongong,
-
Melbourne,
-
Brisbane,
-
the
Gold Coast, and
-
Perth
What
skill level is required under the Regional Sponsored
Migration Scheme?
Positions
to be filled under the Regional Sponsored Migration
Scheme must require the appointment of a person with
at least the equivalent of an Austrlian diploma. This
includes trade qualifications.
What
is a Regional Certifying Body?
Regional
Certifying Bodies are organisations appointed by the
Immigration Minister to use their local knowledge of
business and labour market conditions in their
respective regions to help confirm that positions
being nominated under the Regional Sponsored Migration
Scheme meet the legislative requirements of the
scheme.
There
are currently 49 Regional Certifying Bodies gazetted
throughout Australia. All Regional Certifying Bodies
are endorsed by the relevant State or Territory
government and many are branches of the State or
Territory regional development portfolio.
See: Regional
certifying bodies
5.
What are the requirements for certification of the
nomination?
Before a
nomination is assessed by the department, it must
first be certified by the Regional Certifying Body
covering the area where the employer's business is
located.
In
general terms, the employer must demonstrate to the
Regional Certifying Body that the position:
-
is a
genuine full time vacancy,
-
requires
the appointment of a person who has qualifications
equivalent to at least Australia diploma level,
-
cannot
be filled from the local labour market,
-
is
available for at least two consecutive years,
-
offers
employment and remuneration in accordance with
Australian industrial laws, and
-
is,
or will be covered by, an employment contract, or
a letter of appointment has been entered into
between the employer and the employee.
If the
Regional Certifying Body is satisfied that the
position meets these requirements, it will certify the
nomination by stamping and signing at the relevant
point on the nomination application form. Regional
Certifying Bodies may charge a fee for certification.
See: Regional
certifying bodies
6.
What are the requirements for nominating a position by
an employer?
After
the nomination has been certified by a Regional
Certifying Body, the nomination application must be
lodged with the department. The department will then
consider whether the position:
-
is
full-time and for two years,
-
meets
employment conditions under Australian industrial
laws,
-
requires
a skilled person with qualifications equivalent to
at least Australian diploma level,
-
has
been certified by a Regional Certifying Body.
See:
Regional
certifying bodies
Form
1054, Employer nomination under the Regional
Sponsored Migration Program (PDF* file, 95kb)
*
PDF files require the Adobe Reader on your computer.
See: Using
PDF files.
7.
What are the visa requirements for the Regional
Sponsored Migration Scheme?
To apply
for a permanent visa under the Regional Sponsored
Migration Scheme, you must:
-
be
nominated to fill a skilled position by an
Australian business operating in an area covered
under the RSMS,
-
be
under 45 years of age,
-
have
the relevant qualification (equivalent to at least
an Australian diploma) for the nominated position,
-
satisfy
any mandatory licensing, registration or
professional membership requirements,
-
have
functional English language ability,
-
meet
health and character requirements,
-
if
applying in Australia, be the holder of a
qualifying visa.
See:
Form
47ES, Application for employer sponsored
migration to Australia (PDF* file, 130kb)
8.
What if I do not meet all the visa requirements. What
do I do?
In
certain circumstances, where a position is so unusual
or highly specialised that the employer is unlikely to
find anyone who meets the established criteria to fill
the vacancy, exceptions to the skill, age or English
language requirements can be made.
If the
skill level of the position is below diploma level a
visa applicant will be required to demonstrate that
they have worked in the nominated position on a
temporary subclass 457 visa for at least 2 years prior
to being nominated to be accepted as an exceptional
appointmentwhere a position is so unusual or highly
specialised that the employer is unlikely to find
anyone who meets the established criteria to fill the
vacancy, exceptions to the skill, age or English
language requirements can be made.
The
employer must include a submission with their
nomination application which demonstrates the special
skills required and/or the difficulties experienced
finding a nominee who does meet the skill, age or
English Language requirements.
If the
department accepts the nomination as exceptional, a
visa can then be granted to a person who:
-
does
not have qualifications equivalent to at least an
Australian diploma level, or
-
is
45 years or older, or
-
has
less than functional English.
9.
What if my nominated employment ends less than two
years after my visa was granted?
You are
required to make every reasonable effort to stay in
your employment with your nominating employer, and to
continue living in regional Australia, for at least
two years after your visa has been granted.
If, for whatever reason, your employment does not last
for two years, you or your employer should notify the
department in writing immediately. The department will
then contact you if necessary.
10.
How do I nominate a skilled person from overseas to
live permanently in Australia under the Regional
Sponsored Migration Scheme?
Migration
booklet 5, Employer Sponsored Migration,
contains information on nominating skilled staff from
overseas to live permanently in Australia.
It lists
the basic requirements that must be met and includes
all necessary application forms as well as a checklist
of supporting documents.
You can
obtain migration booklet 5 free online or purchase it:
-
in
Australia: by telephoning the general inquiry
number 131 881, or
-
overseas:
by contacting your nearest Australian diplomatic
office
The
appropriate nomination form is Form 1054, Employer
nomination under the Regional Sponsored Migration
Scheme.
When you
lodge your nomination application you should ensure
that your application is complete, that is
-
the
nomination has been certified by a Regional
Certifying Body,
-
the
nomination form is signed and every question in
answered clearly, honestly and in English.
-
all
necessary supporting documents are attached.
It is in
your interest to support your application with as much
information as possible at the time you apply. A
decision may be made on the information you provide at
time of application.
Do not
supply original documents with your nomination unless
we ask for them. You should provide certified copies
of original documents. Documents in languages other
than English must be accompanied by a certified
English translation.
Completed
nominations can be lodged at the nearest departmental
business centre either in person, by someone else on
your behalf, or by mail.
The
nomination must be certified by the
Regional Certifying body before you
lodge it with the department.
You may
wish to consider using the Skill Matching Database to
identify suitably-qualified workers for nomination
under RSMS.
The
Skill Matching Database contains the educational and
occupational details of prospective skilled migrants.
See:
Booklet
5, Employer Sponsored Migration
Regional
certifying bodies
Form
1054, Employer nomination under the Regional
Sponsored Migration Scheme (PDF* file, 95kb)
Skill
Matching Database - Internet Version Search Page
Business
Centres
Employer-sponsored
migration
11.
How do I apply to live permanently in Australia under
the Regional Sponsored Migration Scheme?
You must
first be nominated by an Australian employer to fill a
skilled position that the employer has not been able
to fill with an Australian citizen or permanent
resident.
Migration
booklet 5, Employer Sponsored Migration,
contains information on applying for a permanent visa
under the Regional Sponsored Migration Scheme.
It
includes the application forms, sponsorship
information, lists the basic requirements that must be
met and provides a checklist of supporting documents.
You can
obtain migration booklet 5 free online or puchase it:
-
in
Australia: by telephoning the general inquiry
number 131 881, or
-
overseas:
by contacting your nearest Australian diplomatic
office
The
appropriate application form is form 47ES, Application
for employer sponsored migration to Australia,
When you
lodge your visa application you should ensure that
your application is complete, that is:
-
the
application form is signed and every question is
answered clearly honestly and, in English,
-
the
visa application charge has been paid, and
-
supporting
documents are attached.
It is in
your interest to support your application with as much
information as possible at the time you apply. A
decision may be made on the information you provide at
time of application. You may be asked to undertake a
formal skills assessment as part of this process.
Do not
supply original documents with your application,
unless we ask for them. You should provide certified
copies of original documents.
Documents
in languages other than English must be accompanied by
a certified English translation.
If you
are in Australia, you should lodge your application at
the same departmental office as your employer lodged
their nomination application (your employer will be
able to tell you which office this is).
If you
are outside Australia, you should lodge your
application at the nearest Australian diplomatic
mission overseas.
Applications
can be lodged by you in person, by a representative or
sent by mail.
See:
Booklet
5, Employer Sponsored Migration
Form
47ES , Application for employer sponsored
migration to Australia (PDF* file, 130kb)
Immigration
charges (fees)
Office
and Contact Details in Australia
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