applyworkvisas.com :: REGIONAL SPONSORED SCHEME

The Regional Sponsored Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia, to sponsor employees who are foreign nationals for a permanent visa to work in Australia.

Who is this visa for?

This visa is for employers operating in regional and low population growth areas of Australia, who want to sponsor skilled workers to fill skilled vacancies in their business.

The employees applying for a visa can be either of the following:

• skilled workers from overseas
• skilled temporary residents currently in Australia.

Visa applicants who are currently living and/or working in Australia on a qualifying visa can apply for the onshore RSMS (subclass 857) visa. If you do not hold a qualifying visa, you may still be eligible to apply in Australia if you last held a qualifying visa no more than 28 days prior to lodging an application.

The offshore RSMS (subclass 119) visa is for applicants who are outside Australia.
Note: Applicants who do not hold a qualifying visa can apply for the offshore RSMS visa (subclass 119) and lodge their application in Australia. However, applicants must be outside Australia at the time of visa grant.

What does this visa let me do?

This visa allows you and any dependent family members included in your visa application to live as permanent residents in Australia.

Australian permanent residents can:

• live and work in Australia on a permanent basis
• study in Australia at school or university
• receive subsidised healthcare through Medicare and the Pharmaceutical Benefits Scheme (PBS)
• access certain social security payments (subject to waiting periods)
• be eligible for Australian citizenship (subject to the residency eligibility criteria)
• sponsor people for permanent residence.

How this Visa Works

A Regional Sponsored Migration Scheme needs:

• an Australian employer
• a skilled employee
• an eligible position.

The process for obtaining a visa under the Regional Sponsored Migration Scheme is summarised below.

Who	Responsibility
Employer	nominates the position(s) that they wish to fill arranges certification by the Regional Certifying Body seeks approval of the nomination from the department recruits the overseas worker(s) to fill the nominated positions.
Regional Certifying Bodies (RCB)	assists employers to fill vacancies in regional Australia assesses whether the position is genuinely vacant and unable to be filled by an Australian employee if these requirements are met, certifies the position.
Employee	accepts the offer of employment from the nominating employer applies for a visa meets the conditions on their visa (once approved).

Note: The nomination must be approved before the visa can be granted. The nomination application should be lodged before or at the same time as the visa application. If the nomination application is lodged first, the visa application must be lodged within six months of the nomination approval date.

Employers

Australian employers in regional or low population growth areas of Australia can participate in this scheme. All areas of Australia are eligible except Brisbane, the Gold Coast, Sydney, Newcastle, Wollongong, Melbourne and Perth.

Regional Certifying Bodies

Regional Certifying Bodies are organisations that:

• have knowledge of the skills shortages in their local area
• know whether a business is actively operating in their local area
• are able to assess positions under the legislative requirements of the scheme.

There are a number of Regional Certifying Bodies 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.

Employees

An employee is a foreign national who:

• meets the age, skill and language requirements
• has an employer that is willing to sponsor them for this visa.

If eligible, employees and their accompanying family members will be granted a permanent visa.

Eligible position

An eligible position must meet the following requirements.

• is located in a regional area
• cannot be filled by an Australian employee
• is a genuine full-time vacancy
• is available for at least 2 consecutive years
• requires a person with qualifications equivalent to at least Australian diploma level (unless exceptional circumstances apply).

Note: A Trade Certificate with full apprenticeship is accepted as equivalent to or higher than a diploma qualification.

Validity periods

The validity period of the:

• nomination is 6 months
• visa is permanent.

Eligibility

• Employer
• Employee
• Family Member

Employer Eligibility

On this page

• Eligibility for certification of the position
• Eligibility for nomination

 

Eligibility for certification of the position

The Regional Certifying Body (RCB) responsible for the area will assess the nomination to fill a position against the following criteria.

Criteria	Requirement
The business must be actively and lawfully operating in regional Australia.	there must be a need for a paid employee the employer's business must be established and actively engaged in the activity for which it is registered in the regional area all areas of Australia except for, Brisbane, Gold Coast, Newcastle, Sydney, Wollongong, Melbourne or Perth.
The position must be full time and available for 2 years.	the position is a genuine full-time vacancy the position is available for at least 2 consecutive years.
The business requires a person with diploma level qualifications or higher.	the position requires a person with qualifications equivalent to at least Australian diploma level (unless exceptional circumstances apply) Note: a Trade Certificate with full apprenticeship is accepted as equivalent to or higher than a diploma qualification.

Eligibility for nomination

In addition to the above, the department will also assess the application against the following criteria:

• the nomination has been approved by the relevant Regional Certifying Body
• the business follows all relevant Australian laws and has a satisfactory record of meeting immigration laws (if applicable)
• the nominated position is in a business operated by the employer
• the position is being remunerated in accordance with relevant workplace legislation and awards.

Employee Eligibility

• if you are applying from within Australia and you hold a qualifying visa
  
  
• if you are applying from outside Australia or you are in Australia but do not hold a qualifying visa
  
  
• if you are nominated by an employer and you have a valid application for a subclass 134, 136 or 138 visa, you may be deemed to have made an application
  if you have made a valid application for a permanent General Skilled Migration visa and are later nominated by an employer under the Employer Nomination Scheme, you may be eligible to lodge a fee-free visa application

Eligible family members

The following people may apply to accompany and stay with the employee.

• the employee's partner
• dependent child of the employee or employee's partner
• other dependent relatives living with the employee.

Partner

A partner is your spouse (the person you are married to) or de facto partner (including same-sex partners).

Dependent child

A dependent child is the child or stepchild, of the employee or their partner who:

• is not married, engaged to be married or in a de facto relationship and
• has not turned 18
  or
• if they have turned 18, are wholly or substantially reliant on the employee or the employee's partner for their basic needs, or are incapacitated for work.

Other dependent relatives

Other relatives may be included in the application if they are wholly or substantially reliant on the employee for financial support for their basic needs of food, shelter and clothing and they have been reliant on the employee for that support for a substantial period.

They must also be more reliant on the employee for support than on any other person or source. A relative may also be considered dependent on the employee if they are reliant on them for financial support because they have a mental or physical disability which stops them from earning a living to support themselves.

Other relatives dependent on the employee or employee's partner may include, for example, an aged, unmarried relative.

Dependent family members who are 18 years of age or over, should obtain form 47A and attach it to the visa application.

Details of child or other dependent family member aged 18 years or over must be completed for each dependent 18 or over, whether migrating or not.

Health and character requirements

All dependent family members must meet the health and character requirements.
Health Requirements
Character and Penal Clearance Requirements

English language ability

Adult family members of the employee are expected to have functional English.

Higher visa application charges may apply to those who do not have a functional level of English.

Work and study

Family members who are granted a permanent visa are given full work and study rights.

Australian Values Statement

All visa applicants aged 18 years or over, are required to sign an Australian values statement. The statement is included in the visa application form and all applicants aged 18 years and over will need to sign it. Before signing the statement, applicants for this visa are required to have read, or had explained to them, material made available by the government on life in Australia which is contained in the Life in Australia book.

The Life in Australia book provides more information on the values that Australians share and their way of life.
Australian Values - Overview
Life in Australia Book

 Obligations

Employer obligations

The employer must make sure that all relevant workplace laws and award conditions are met.

The employer must provide the employee with a letter of offer or employment contract which states that the employee will be employed:

• full-time
• for a minimum of 2 years
• in a regional area.

Employee obligations

The employee must meet the following obligations.

• commence employment within six months of arriving in Australia or within six months of the visa grant if they are already in Australia
• remain employed in the nominated position in the regional area for at least two years.

The visa may be cancelled if the employee does not comply with these obligations to complete the two year contract with the employer.

Applying for this Visa

If the employer and employee are eligible, willing and able to meet their obligations under the Regional Sponsored Migration Scheme, they can commence the 3-step application process.

Step 1 - Employer applies for certification

The employer must apply for certification of a nominated position with the Regional Certifying Body.

Step 2 - Employer nominates the position

The employer must lodge the certified nomination application with the department.

Step 3 - Employee applies for a visa

The employee must apply for a visa to work in Australia.

Please contact our London office on +442078312149 or info@applyworkvisas.com for consultation or an appointment