Regional Sponsored Migration Scheme (RSMS) (Subclass 187) visa

The Northern Territory Department of Business and Employment (Workforce Growth NT / Skilled Migration Unit) has been appointed by the Department of Immigration and Citizenship (DIAC) as the Regional Certifying Body (RCB) for all Direct Entry Regional Sponsored Migration Scheme (RSMS) nominations by Northern Territory employers.

The RSMS enables regional employers to employ skilled overseas nationals to fill genuine, full time positions where it can be shown that these positions cannot be filled from within the local labour market.

There are three RSMS streams, the Temporary Residence Transition Stream, the Agreement Stream and the Direct Entry Stream. Each of these streams has different eligibility criteria, requirements and application processes.

• Temporary Residence Transition Stream
  

  This streamlined visa pathway enables regional employers to nominate an overseas skilled worker for permanent residence if that worker:

  • is currently on a Subclass 457 visa working for the nominating employer; and
  • has held a Subclass 457 visa and worked for the nominating employer in the nominated occupation (or a very closely related occupation) for two (2) years.

  NT RCB assessment is NOT required for RSMS nominations under the Temporary Residence Transition Stream.

  For detailed information about this visa, eligibility criteria and the DIAC processes visit Regional Sponsored Migration Scheme

• Agreement Stream

  This is a permanent residence visa pathway for applicants whose employer holds a labour agreement for the occupation in which they are being nominated. Applicants applying under this stream will need to meet the skills and experience, English language proficiency, age and other requirements in the applicable labour agreement.

  NT RCB assessment is NOT required for RSMS nominations under the Agreement Stream.

• Direct Entry Stream

  This is a permanent residence visa pathway that enables a regional employer to sponsor a skilled overseas worker directly from overseas or an overseas national who is in Australia but is not eligible to be sponsored under the Temporary Residence Transition Stream.

  NT RCB assessment IS REQUIRED for RSMS nominations under the Direct Entry Stream.

  For detailed information about this pathway and the DIAC criteria and processes visit Regional Sponsored Migration Scheme

Regional Sponsored Migration Scheme

Stream	Temporary Residence Transition Stream	Agreement Stream	Direct Entry Stream
Who is this for?	The Temporary Residence Transition Stream is for subclass 457 visa holders who have worked for two years and their employer wants to offer them a permanent position.	The Agreement Stream is for people sponsored by an employer through a labour or regional migration agreement.	The Direct Entry Stream is for people who have not held a subclass 457 visa for the last two years, or if they are applying directly from outside Australia.
Employee criteria	The employee's skills do not need to be assessed because they have already worked for the nominating employer for two years in Australia. The employee must have at least vocational English (International English Language Testing System (IELTS) 5.0 in each band).	Must meet the age, skills and English language requirements stated in the labour or regional migration agreement.	The employee's qualifications and skills are relevant to the nominated occupation. Have competent English (IELTS 6.0 in each band).
Employer criteria	operate an active and lawful business in regional Australia (all of the Northern Territory (NT)) have a genuine need for a paid employee to fill a skilled position offer a skilled position in the applicant's field that is full-time and ongoing for at least two years pay a market salary rate comply with Australian immigration and workplace relations laws have no adverse information against you or your business nominate a skilled position. This position must be: an occupation that is classified at skill level 1 to 3 in the Australian and New Zealand Standard Classification of Occupations for Direct Entry Stream consistent or similar to the position sponsored by the Standard Business Sponsor under the subclass 457 visa program for the Temporary Residence Transition Stream continues or is committed to meet the training requirements under the subclass 457 visa program for the Temporary Residence Transition Stream.
Where and how do you apply	The employer and employee apply direct to DIAC electronically. The NT RCB is not involved in this process.	The employer and employee apply direct to DIAC electronically. The NT RCB is not involved in this process.	The employer and employee apply electronically directly to DIAC. In addition either prior to or after applying to DIAC, a request for advice is made to the NT RCB (Form 1404 and supporting documents).

Both the regional employer nominating the position under RSMS and the overseas national being nominated must meet a range of eligibility criteria.

Detailed information can be found under Applying of the Regional Sponsored Migration Scheme page on the DIAC website.

Employer eligibility

For an employer to be eligible to nominate a position under RSMS it must:

• be operating an active and lawful business in regional Australia
• have a genuine need for a paid employee to fill a skilled position
• offer a genuine, skilled position in the applicant's field of expertise that is full-time and ongoing for at least two years
  Note: the two years employment is calculated from the date of grant of the RSMS permanent residence visa by DIAC to the overseas nominee.
• offer no less than a market rate salary and employment terms and conditions that accord with those provided to Australian citizens and permanent residents in similar positions
• comply with all relevant Australian immigration and workplace relations laws.

Nominate a skilled position. The position must be an occupation that is classified at skill level 1 to 3 in the Australian and New Zealand Standard Classification of Occupations – (Direct Entry stream)

Employee eligibility

For an overseas national to be sponsored under RSMS under the Direct Entry Stream the business must have the skills, qualifications and language requirements required for that visa stream.

The employee must have:

• qualifications and skills relevant to the nominated occupation
• if the employee's qualifications are obtained from outside Australia, where required, a positive skills assessment by the relevant assessing authority is mandatory. See the Offshore Skills Assessment Program – Overview on the Department of Industry, Innovation, Science, Research and Tertiary Education for more information.
• competent English (IELTS 6.0 in each band).

Step 1

Employers must submit an electronic nomination to DIAC by completing the online form and attaching supporting documents.

Step 2

NT employers must submit an application for assessment to the NT RCB including the Regional Sponsored Migration Scheme - Regional Certifying Body advice Form 1404 and supporting documents.

A RSMS nomination made under the Direct Entry Stream cannot be approved by DIAC unless the RCB has provided its advice in regard to the application.

Employers have the option of submitting RSMS nominations to the RCB for assessment either before or after their nomination has been lodged with DIAC.

The employer will need to submit the RCB advice to DIAC by attaching the form, using the DIAC eLodgement facility, to the corresponding nomination application.

The NT RCB will return the completed Form 1404 to the nominating employer and will also forward a copy of the form and assessment outcome to DIAC.

An RCB assessment should not be dated more than three (3) months prior to lodgement of the RSMS nomination or DIAC may request the employer to obtain a new RCB assessment.

Step 3

The nominated employee must submit their visa application online within six (6) months of DIAC’s approval of the employer’s RSMS nomination. Please note that the employer's nomination is only valid for six (6) months.

Step 4

DIAC assesses the nomination and the visa application.

The NT RCB does not charge a fee for RCB nomination assessments.

DIAC does not charge a fee for RSMS nominations lodged by regional employers.

A visa application charge applies to RSMS visa applications and this must be paid to DIAC when applicants submit their electronic visa applications. Currently the initial visa application fee is A$3060.

A second fee, that applies only to applicants and dependents aged 18 years or over with less than functional English, is payable before a visa can be granted.  

Information on these fees is available through the DIAC website and can be accessed from Form 990i Charges

NT employers wanting to sponsor an overseas employee under the Direct Entry RSMS Stream must submit an application for assessment to the NT RCB.

The application can be made before or after the RSMS nomination is lodged with DIAC.

If an employer seeks RCB assessment prior to lodging a nomination with DIAC it is DIAC policy that the RCB assessment can be no older than three (3) months when the nomination is lodged.  

Additionally, if an RCB assessment is not received by DIAC within three (3) months of the lodgement of the nomination that nomination may be rejected.

DIAC cannot make a positive decision on a Direct Entry RSMS nomination lodged by a Northern Territory employer unless it has received the assessment from the NT RCB.

The Department of Business and Employment is the RCB for all NT RSMS nominations. 

The NT RCB assessment undertaken:

• examines whether the nominating employer has a genuine need for a paid employee to work in the position that is under the nominating employer’s direct control
• determines that the position cannot be filled by an Australian citizen or an Australian permanent resident who is living in the same local area where the nominated position exists
• determines that the terms and conditions of employment for the position will be no less favourable than the terms and conditions that are provided to, or would be provided to, an Australian citizen or Australian permanent resident for performing work in the workplace at the same location.

In assessing these criteria the NT RCB will closely examine whether:

• there is a genuine business and a genuine position and hence a genuine need for an employee
• the terms and conditions being offered for the position are at least the same as those being offered to Australian employees within the organisation / business and in other similar organisations / businesses in the region for the type and level of the occupation. In undertaking this assessment the NT RCB will also look at the level of experience and skill for a position and / or the overseas employee’s profile
• there is a direct and genuine employer/employee relationship between the organisation / business and employee
• there is a workforce shortage in that region and / or in the NT
• the NT RCB is the correct RCB to be making an assessment.

A NT employer wishing to make an application for assessment to the NT RCB should complete the Regional Sponsored Migration Scheme - Regional Certifying Body advice Form 1404

The following checklist provides a list of documents that need to be submitted to the RCB when a Northern Territory employer is applying for a RCB assessment.

The documents required vary depending on whether the sponsoring employer is:

• a public company (listed on the ASX) or is a government department / agency; or
• any other organisation or business.

Publicly listed companies / government departments or agencies

All other employers

Regional Sponsored Migration Scheme - Regional Certifying Body advice Form 1404 Statement from the employer on how the position contributes to the business outputs. Australian Business Register database extracts for nominating business. Letter of offer / employment contract outlining terms and conditions and referencing either the relevant enterprise agreement or  where there is no enterprise agreement, the relevant award. A statutory declaration (this is not required for a government department / agency) stating that the terms and conditions applicable to the position will be no less favourable than the terms and conditions that: are provided, or would be provided to an Australian citizen or an Australian permanent resident for performing equivalent work in this business. The declaration must include business name, ABN and the terms and conditions being offered. It must also be signed by a person authorised by the nominating employer to make such an undertaking. The terms and conditions will be no less than those as expressed in the attached contract / letter of offer. There is a genuine need for the nominator to employ a paid employee to work in the position under the nominator's direct control. The position cannot be filled by an Australian citizen or an Australian permanent resident who is living in the same local area where the nominated position exists. Employee profile containing evidence of education, qualifications, and duration and type of work experience, see example Employee profile.

Regional Sponsored Migration Scheme - Regional Certifying Body advice Form 1404 Business profile (or link to the business’s website if the website has a business profile or annual report). If the business is involved in a Trust arrangement, please provide a copy of the Trust Deed. Organisation chart (showing the position, reporting structure and number of employees). Statement from the employer on how the position contributes to the business outputs. Financial statements and BAS statements. Australian Business Register and Australian Securities & Investments Commission database extracts for the nominating business. If there is another employee employed in the same job by the employer a copy of that employee’s employment contract / terms and conditions of employment. Documents showing the current employment terms and conditions if the nominee is currently employed by the nominating business for example, payslips, or previous employment contract. Letter of offer / employment contract outlining terms and conditions and referencing either: the relevant enterprise agreement or if there is no enterprise agreement in place the relevant award. A statutory declaration stating ‘that the terms and condition applicable to the position will be no less favourable than the terms and conditions that: are provided, or would be provided to an Australian citizen or an Australian permanent resident for performing equivalent work in this business. The declaration must include business name, ABN and the terms and conditions being offered. It must also be signed by an appropriate person within the nominating employer. The terms and conditions will be no less than those as expressed in the attached contract / letter of offer. There is a genuine need for the nominator to employ a paid employee to work in the position under the nominator's direct control. The position cannot be filled by an Australian citizen or an Australian permanent resident who is living in the same local area where the nominated position exists. If the occupation is NOT on the Northern Territory Skilled Occupation Priority List evidence that the business is unable to recruit locally (genuine job advertisements, recruitment outcomes and other evidence of recruitment activities). Employee profile containing evidence of education, qualifications, and duration and type of work experience, see example Employee profile.

There may be circumstances where NT RCB case officers request additional documents to support their assessment decision.

Requests for assessment can be submitted as:

• An electronic application, by emailing an application scanned as a single PDF to migration@nt.gov.au
• Hardcopy, by mail to:
  

  Darwin	Alice Springs
  Department of Business Workforce Growth NT / Skilled Migration Unit GPO Box 9988 Darwin NT 0801	Department of Business Workforce Growth NT / Skilled Migration Unit PO Box 9800 Alice Springs NT 0871

• Or courier / hand delivered to:
  

  Darwin	Alice Springs
  Development House 76 The Esplanade Darwin NT 0800	Peter Sitzler Building 67 North Stuart Highway Alice Springs NT 0871

The NT RCB case officer will usually contact the Australian registered migration agent if:

• an employer has nominated a registered migration agent to provide assistance; and
• a completed Advice by a migration agent / exempt person for providing immigration assistance Form 956 or other written documentation, signed by both the agent and the nominating employer, confirming that the agent is providing advice on the employers behalf.

However there may be occasions when the NT RCB case officer contacts the business directly. Such occasions may include where there are integrity or timeliness concerns or in any other situation where the case officer believes direct contact is warranted.