Employees Information 1.2.2

The Regional Sponsored Migration Scheme (subclass 119-857) (RSMS) is a visa scheme that enables regional employers, who are unable to fill skilled positions from within the local labour market, to employ skilled personnel from overseas.

To be eligible for nomination under RSMS:

  • positions must be skilled, full-time vacancies within the business or organization; and
  • the positions must be for at least two years and the employer and their overseas nominee must be willing to enter into a two year contract of employment. The two years is calculated from the date the permanent residence visa is issued by the Department of Immigration and Citizenship (DIAC) to the overseas nominee

The DIAC case officer assessing the migration (visa) application will not issue the visa until they sight an original of the employment contract which has been signed by both the employer and their nominee. The employer's nomination is made on the DIAC Form 1054 "Employer Nomination under the Regional Sponsored Migration Scheme"

All Northern Territory employer nominations under RSMS must be certified by the Department of Business and Employment (DBE).

It is a Northern Territory requirement that employers, seeking to employ skilled overseas workers under RSMS, offer salaries and employment conditions that are in line with those being paid to local workers in similar occupations.

Employers must provide the following information and documentation to DBE to support their RSMS nomination certification requests:

  • business/company profile and background to show that the business is a genuine business operating in Australia;
    business and/or company registration certificates;
  • financial statements or a statement from an accountant to evidence the capacity of the business to meet its employer obligations;
  • job description detailing the position's duties, qualifications and experience required, and the relevant award or industrial instrument under which the business operates;
  • nominee's curriculum vitae and copies of qualification certificates;
  • if the nominee is in Australia, copies of the identity page of the nominee's passport and their current visa;
  • evidence that the skilled vacancy cannot be filled from within the local labour market. This could include copies of recent newspaper and/or industry journal advertising, details of any recruitment processes undertaken, details of any unsuitable applications considered, and independent evidence that there is an ongoing skill shortage; This will not be required where there are recognised skill shortages e.g. health and engineering professionals;
  • advice about current employment arrangements if nominee is already in the position i.e. wages and conditions and any special benefits;
  • a signed copy of an employment contract (minimum 2 years full-time) or written advice that the employer and the sponsored employee will enter into the arrangement; and
  • a completed, signed Form 1054 "Employer Nomination under the Regional Sponsored Migration Scheme". This form can be downloaded from the DIAC website and is also available from any DIAC office or from DBE.

Exceptional Circumstances

If the overseas skilled worker being nominated by the employer:

  • is 45 years or older;
  • has less than functional English (An IELTS score of 4.5); or
  • the position is one that requires a high level of skills but formal qualifications to a diploma or trade certificate level are not necessary then exceptional circumstance provisions for the nomination can be invoked.

For exceptional circumstance requests there will be a greater focus on whether the skills required can be obtained from within the Northern Territory labour market. In seeking RSMS certification under exceptional circumstances an employer will need to substantiate the skills required for the position and highlight the nominee's special skills or experience.

An overseas worker cannot be nominated for a position that requires approval as exceptional because it does not meet the high level of skills criteria unless they have already been employed in the positions by the nominating business under a Temporary Entry Long Stay Business Visa (subclass 457) for two years.

Where age or English language are the reasons for the exceptional circumstances, these too will require justification.

After the nomination has been certified, DBE lodges it with DIAC's Darwin office for processing and approval. DIAC will also process the nominee's migration (visa) application. The migration (visa) application comprising of the DIAC Form 47ES "Application for employer sponsored migration to Australia" and supporting documents which the nominee completes cannot be lodged to DIAC until the employer's nomination (Form 1054 "Employer Nomination under the Regional Sponsored Migration Scheme")
has been submitted to DIAC.

Steps for the RSMS Process

Step 1:
Employer completes and submits the DIAC Form 1054 "Employer Nomination under the Regional Sponsored Migration Scheme", together with the required supporting documentation, to DBE for certification.

Step 2:
DBE assesses and certifies (if the nomination meets the Northern Territory's RSMS criteria) the nomination and submits the certified nomination to DIAC.

Step 3:
DIAC assesses and approves the nomination (if it meets the criteria for RSMS).

Step 4:
The overseas nominee submits a completed the DIAC Form 47ES "Application for employer sponsored migration to Australia" together with supporting personal and professional documentation to the DIAC.

This visa application cannot be lodged until the employer's nomination has been certified and lodged with DIAC. However, it can be lodged either before or after DIAC approves the nomination.

All visa applications for positions nominated under RSMS by Northern Territory employers will usually be processed by the DIAC Darwin office.

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Further information can be obtained from:

Business and Skilled Migration Services
Department of Business and Employment
Telephone: +61 8 89995264
Facsimile: +61 8 89996096
Email: migration.dberd@nt.gov.au
Postal address: GPO Box 9988, Darwin, NT, Australia 0801
Website: www.migration.nt.gov.au

DISCLAIMER: The Northern Territory of Australia and the Department of Business and Employment, disclaim any liability or responsibility or duty of care towards any person for loss or damage (including special, indirect or consequential loss or damage such as loss of revenue) suffered or caused by any use or reliance on this information. While care has been taken in the production of this Fact Sheet, it is provided as general information only. The Northern Territory of Australia and the Department of Business and Employment accept no responsibility (including for negligence) for errors or omissions and do not assert or imply that it is complete, accurate or current. No person should rely upon the information in this Fact Sheet for the purpose of making any serious, business or investment decisions without obtaining independent and/or professional advice in relation to their particular situation.






Last updated on the Tuesday 06 Jan 2009

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