Regional Sponsored Migration Scheme (RSMS)
Commencing 13th January 2014 the Central Coast Office will have a new email address firstname.lastname@example.org Please ensure your contact details are changed to reflect the new address. Thank you
The Regional Sponsored Migration Scheme (RSMS) allows Australian employers in regional and low population growth areas of Australia to address skilled vacancies in their business that they have been unable to fill locally by sponsoring skilled foreign workers for permanent residence.
For additional information on the RSMS (refer to Useful Links below).
Regional Development Australia Central Coast NSW Inc. (RDACC) is gazetted by the Australian Department of Immigration and Citizenship (DIAC) as the Regional Certifying Body (RCB) for the Central Coast NSW Region (postcodes: 2250-2251 / 2256-2263). Applicants outside this region should locate a RCB near to them (refer to Useful Links below).
RDACC has recently identified areas of employment within the Central Coast Region for which we have determined there is no apparent current skill shortage. This includes: Cafe/Restaurant, Customer, Retail and Service Managers and Hairdressers as per the following Standard Classification of Occupation Unit Groups:
|Customer Service Manager||Unit Group 1492|
|Retail and Service Manager||Unit Group 1499|
|Retail Managers (general)||Unit Group 1421|
|Cafe or Restaurant Manager||Unit Group 1411|
|Hairdresser||Unit Group 3911|
|Cooks||Unit Group 3514|
It is still possible to apply for Regional Certification of RSMS for these occupations; however these occupations generally will not receive regional support. If we advise that your application is unsuccessful, it may still be submitted to the Department of Immigration and Citizenship which will then be assessed independently of our advice. At the time of assessment by DIAC, applicants will be given the opportunity to provide extra evidence in support of their application.
Direct Entry Stream
The Direct Entry stream is for applicants who are untested in the Australian labour market and have not held a subclass 457 visa for at least 2 years or who are applying from outside of Australia.
A nomination made under the RSMS Direct Entry stream cannot be approved by DIAC unless the relevant RCB has provided their advice in regard to the application.
The RCB will provide the employer with their advice. The employer will need to submit the advice to DIAC by attaching the form, using the e-lodgement facility, to the corresponding nomination application.
The resulting advice can be submitted before or after e-lodgement. An RCB assessment should not be dated more than 3 months prior to lodgement of the nomination as you may be requested to obtain a fresh RCB assessment.
IMPORTANT: DIAC will also assess the nomination. Employers should not assume that the department will approve a nomination just because positive advice has been provided by an RCB.
1. The nominating employer lodges the application online, using DIAC e-lodgement faciity..
2. The nominating employer completes Form 1404 (refer to Useful Links below) and returns a hard copy, along with supporting documentation (refer below) and the appropriate processing fee (refer below) to RDACC.
Assessment for Direct Entry Stream
Nominations are assessed against the following criteria:
- the employer’s business is actively and lawfully operating in Australia;
- the position is available to the nominee for at least 2 years;
- the terms and conditions of employment are the same as those that would apply to an Australian citizen or Australian permanent resident performing the same work in the same location;
- there is no adverse information known to the department about the employer or a person associated with the employer;
- the nominated position is in a regional area in Australia that qualifies for the RSMS;
- the employer has complied with relevant workplace relations laws;
- the nominated position relates to an occupation that is classified at skill level 1 to 3 within the Australian and New Zealand Standard Classification of Occupations (ANZSCO) framework*;
- the employer demonstrates that the position cannot be filled by an Australian citizen or Australian permanent resident living in the same local area;
- the nominating business is located in the regional area in which the nominated position exists;
- a Regional Certifying Body has assessed the nomination and provided advice to the Department as to whether certain specific requirements for the nomination have been met.
* Eligible positions include those in major Groups 1-3 in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) coding system, i.e. Group 1: Managers, Group 2: Professionals and Group 3: Technicians and Trade workers. Skill level 3 (Group 3) may be equivalent to an AQF Certificate 4 of AQF Certificate 3 plus 2 years on the job training. A link to the coding system, qualification requirements and position descriptions on the Australian Bureau of Statistics website is provided below.
In addition, the applicant for the nominated position must**:
- be under 50 years of age at the time of application;
- hold, or be eligible to hold, any mandatory registration, license or professional membership that allows you to perform the required tasks in the nominated position;
- have a current offer for the position and evidence of an employment contract signed by the employer and applicant must be provided;
- meet the mandatory health and character requirements. All migrating family members must also meet these requirements and non-migrating family members may also be required to do so.;
- attain minimum International English Language Testing System (IELTS) score of 6 in all four assessments;
- hold a relevant overseas qualification. Tradespeople without an Australian qualification require a skills assessment by Trades Recognition Australia (TRA).
** Exemptions for age, English requirements and qualifications may be available for applicants who are: nominated in an occupation where formal academic training is uncommon such as Ministers of Religion in an occupation where they would be paid executive-level salaries employed by Australian universities or scientific research agencies such as the CSIRO or ANSTO for research, academic or other specialist work academics employed by a university in Australia.
Applicants who do not meet RSMS requirements for Direct Entry may wish to consider applying for a 457 visa. After working full time for a period of 2 years in the nominated position on a 457 visa the nominee may then apply for employment under the “Direct Entry Stream” with reduced requirements including a reduced IELTS of 5 and skill level. Please contact DIAC (tel: 131 811) to determine your eligibility for this visa type.
Assessment criteria for the RCB and supporting documentation
RCBs assess applications against the following criteria. Examples of supporting documentation are given as a guide only however the onus is on the nominator to provide sufficient information.
Criterion 1. There is a genuine need for the position within the regular business activity of the nominator.
Required supporting documentation:
- Business registration (ABN or ACN certificate)
- Outline of the goods & services provided by business
- Job description for the position being offered
- Profit & loss statements and balance sheets for the two previous financial years
- Organisational chart and accompanying explanation that demonstrates how the position is required for the activities of the business
- Business case supporting the need for the nominated position
- Evidence of previous occupant of position who has left position; or evidence the position is filled by a temporary resident
- Letter of support from your accountant
If the nominating business is new or is diversifying its activities, you should also include:
- Business plan
- Budget proposal
- Evidence that the business has the funds to pay the proposed employee
- Evidence of lease or purchase of business equipment or tools
- Evidence of lease or purchase of business premises
Criterion 2. The terms and conditions offered are no less favourable than the terms and conditions that would be provided to an Australian citizen or Australian permanent resident performing equivalent work in the same workplace at the same location.
The salary to be paid is the market rate not the award rate.
Supporting documentation may include:
- A common law employment contract, or contract for Australian employees in equivalent positions
- Evidence of salary paid to other employees filling the same or equivalent roles, eg. payslips or payroll records
- Evidence of salary market rate, e.g. from Fairwork Australia website, Hays Salary Survey or Robert Walters Salary Scale
- Copies of at least two job vacancy ads including the salary level being offered
- Enterprise or industrial agreements pertaining to the position
Where there is no equivalent Australian employee:
- Evidence from the Australian Bureau of Statistics (ABS) Remuneration surveys
- Data from unions or employer associations
Criterion 3. The nominated position cannot be filled by an Australian citizen or Australian Permanent Resident who is living in the same local area as the position.
Supporting documentation must include evidence of:
- Three insertions of a job advertisement in a local newspaper e.g.Central Coast Express Advocate, within three months preceding the application lodgement;
- Registration with an employment service provider; and
- Online advertising with Seek / Jobs on the Coast / Jobsearch – the free Australian Government careers website.
Evidence of responses to all three forms of advertising is required. This should include resumes, number of applicants, country of residency and comments regarding suitability for the position.
The Application process
Upon receiving the nomination which should include: the completed Form 1404 and supporting documentation, the RCB will assess the nomination according to the criteria outlined above and provide a ‘statement of advice’ to DIAC as to whether the Minister could be satisfied that the nomination meets the criteria.
During assessment the RCB may request additional evidence or supporting documentation, including the full application that was submitted electronically to DIAC.
We will provide advice to DIAC and inform you as to whether or not we have assessed your application as meeting the criteria.
Processing takes a maximum of three months. We aim to process applications within 8-10 weeks, depending on current demand.
What if my nomination doesn’t meet the requirements?
If the RCB does not assess the application as meeting the criteria the RCB will inform you, however no details will be provided. This advice will be considered by DIAC and DIAC will reach their own decision. The applicant will have the opportunity to provide DIAC with additional documentation and have the ‘right to review’.
Standard processing fee: non-refundable $550 (includes GST)
We accept payment by:
- Cheque (Payable to Regional Development Australia Central Coast)
- Money order
- Electronic Funds Transfer (Acc Name: Regional Development Australia Central Coast / BSB: 633 000 / Acc No: 137676490 / REF: The name of the nominating business
DIAC Online Application Information
Regional Certifying Bodies
ANZSCO codes and Position Descriptions
Hays Salary Survey
Robert Walters Salary Scale