The Regional Sponsored Migration Scheme (RSMS) visa (subclass 187) is a Permanent Resident Visa for skilled workers who have been nominated by an approved Australian employer and want to work in regional Australia.This visa involves a three-step process, firstly, approval from Regional Certifying Body (RCB), secondly, nomination by an approved Australian employer and then finally visa application under the nominated stream. If the visa application is lodged after receiving an approved nomination, it should be done within six months of the nomination being approved.
A nomination made under the RSMS Direct Entry stream cannot be approved by the department unless a regional certifying body has provided their advice in regard to the application.
The prospective sponsor, an eligible Australian business in the regional area, must obtain advice from the relevant regional certifying body about the position they want to fill prior to approval of the nomination and the advice can be sent to DHA before or after the lodgement an employer nomination application.
Regional certifying bodies are a diverse network of state and territory government agencies, local chambers of commerce, local government councils and regional development bodies. The advice provided by a regional certifying body is intended to ensure all RSMS Direct Entry stream nominations have been scrutinised by a third party who is familiar with local labour market conditions and who may be able to provide information on regional matters which the department may not be aware of. The regional certifying body assesses the nomination against the following criteria:
Employer must nominate the applicant in one of the three streams and meet the requirements of that stream.
The employer can use this stream if they have already sponsored the applicant for a Temporary Work (Skilled) visa (subclass 457) and meet the following requirements:
an occupation as specified by DHA under lists of certain occupations at ANZSCO skill level one, two, or three
full-time, ongoing and available for at least two years.
The employer can use this stream to nominate an applicant through a labour agreement that has been negotiated with the government before you lodge the nomination.
A labour agreement is a formal arrangement negotiated between an Australian employer and the Australian government. The employer might consider entering into a labour agreement if there is a genuine and systemic shortage of suitably skilled Australian workers in the industry and/or geographic location, and standard immigration options are not suitable.
A labour agreement comes into effect when it has been signed by all parties involved in the negotiations and is typically valid for three years.
The employer must provide terms and conditions of employment that are no less favorable than those that would apply to an Australian citizen or Australian permanent resident doing equivalent work in the same workplace.
Terms and conditions include the nominated position’s salary, hours of work and leave entitlements (among other things). The salary paid to an Australian worker under these terms and conditions of employment is known as the market salary rate.
The employer must prove that it will pay its skilled worker the market salary rate. Depending on whether the employer has an Australian doing similar work, the employer can do this by:
The visa applicant might be able to get this visa under the Temporary Residence Transition stream if s/he meets the following criteria at the time of visa lodgement and provides documented evidence of the same:
Skill assessment is not required as the employee has already worked for the nominating employer for two years in Australia.
The visa applicant might be able to get this visa under the Direct Entry stream if one of the following applies to the applicant:
At time of application lodgement, the applicant must provide evidence that s/he satisfies the following requirements:
The applicant might be able to get this visa under the Agreement stream if s/he is being sponsored by an employer through a tailored and negotiated labour agreement. The employer can advise if such an agreement is in place for the industry or occupation.
The applicant must meet the age, skills and English language requirements stated in the agreement.
The visa applicant can show that s/he possesses adequate English skills by providing the following evidence at the time of application:
|Vocational||All Modules||5.0 each||4 each in Listening and Reading; 14 each in Writing and Speaking||36 each||154 each||B each|
|Competent||All Modules||6.0 each||Minimum score in each band as follows: Listening-12, Reading – 13, Writing – 21 and Speaking -18||50 each||169 each||B each|
The visa applicant must meet certain health requirements. The results of health examinations are generally valid for 12 months. The visa applicant must meet certain character requirements and provide a police certificate from each country s/he has lived in for 12 months or more during the past 10 years after s/he turned 16 years of age. Health and character requirements applies to the main applicant and all the dependent family members listed in the application, whether they are migrating or not.
The visa application must include documentary evidence of their relationship to the main applicant and family members must meet health and character requirements.
This is a permanent residence visa. It lets the visa holder and any family members who have also been granted this visa to: