Regional Sponsored Migration Scheme (RSMS)

This visa scheme enables regional employers to employ skilled overseas nationals to fill genuine positions if they can show they are unable to these positions from within the local labour market.

Eligibility

positions must be genuine, skilled, full-time vacancies in the business or organisation
the employer and their overseas nominee must be willing to enter into a 2 year employment contract. The 2 years is calculated from the date the permanent residence visa granted by the Department of Immigration and Citizenship (DIAC) to the overseas nominee.

The DIAC case officer assessing the migration (visa) application may require an original of the employment contract that has been signed by both the employer and their nominee. The employer’s nomination is made on the DIAC Form 1054 (www.immi.gov.au/allforms/pdf/1054.pdf).

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

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

What employers need to do?

Northern Territory employers must provide the following to DBE:

business/company profile and background to show that the business is a genuine business operating in Australia
an organisational structure chart
business name, business and/or company registration certificates
a job description detailing the position’s duties, qualifications and experience required, and the relevant award or industrial instrument
a signed statement from the employer outlining the role of the position in the business and that it is a genuine full-time position (35 to 38 hours per week)
a recent copy of the nominee’s curriculum vitae and copies of their overseas qualification certificates and employment references
if the nominee is in Australia, copies of the identity page of their passport and current visa
in areas where there are not recognised skill shortages (see Northern Territory Occupation Shortage list), evidence that the skilled vacancy cannot be filled from within the local labour market (this could include copies of recent newspaper, online 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)
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) that includes details of the industrial instrument that governs the employment conditions—the contract should include the statement “The position is available for a minimum of 2 consecutive years from the date of grant of the RSMS visa”
a completed, signed Form 1054 (available from the DIAC website www.immi.gov.au/allforms/pdf/1054.pdf or any DIAC office, or DBE)
financial information to show they are lawfully operating and that they have the financial capacity to meet the obligations to their employees either independent financial statements for the most recent completed fiscal period or a letter from a registered accountant.

The accountant providing the letter of support must stipulate that she or he is the external accountant to the business and specify the period of the relationship. They must be registered as a Chartered Accountant (CA), Certified Practising Accountant (CPA), Professional National Accountant (PNA) or Fellow Professional National Accountant (FPNA).

The letter should include:

a summary of the nature of business activity and period of active operation
information on turnover, net profit, expenditure on wages or salaries, expenditure on training, net current assets and total assets for the most recently completed fiscal period
an unqualified statement that clearly outlines the ability of the proposed sponsor to meet the financial responsibilities that are part of their sponsorship undertakings.

BAS and/or business bank statements, to cover the period from either the latest financial statements or Accountant’s letter supplied, should also be provided.

Exceptional circumstances

Exceptional circumstances may apply 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 on each component)

or
the position is one that requires a high level of skills but formal qualifications equivalent to an AQF diploma level required or the skilled overseas worker does not hold relevant formal qualifications. In these cases exceptional circumstances provisions for a nomination can be invoked.

PLEASE NOTE:

Trade occupations in Australia usually require an AQF Certificate III or IV and therefore trade occupations nominated under RSMS require exceptional considerations.

When exceptional appointment consideration is requested 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 appointment an employer will need to provide a submission to substantiate the skills required for the position and highlight the nominee’s special skills or experience.

Where an overseas worker currently holds a regional Temporary Entry Long Stay Business (Subclass 457) visa (based on a semi-skilled occupation), and has held that visa for at least 2 years, exceptional appointment can be applied to nominate this worker for a permanent visa under the RSMS.

When an employer requests consideration of exceptional appointment for less than functional English they will need to provide evidence that they have made a significant effort to advertise in Australia and overseas and have been unable to find a suitably qualified person with Vocational English to fill the position.

Further they will need to:

demonstrate how the overseas nominee will transfer their skill to, or otherwise train, other local employees
demonstrate the overseas nominee’s ability to understand and comply with Australian OHS requirements
provide evidence as to how the overseas nominee will appropriately deal with work emergencies
provide evidence of their overseas nominee’s ability to understand and deal with issues relating to their employment and workplace rights.

Overseas workers using the 2 years/457 pathway will need to provide evidence that they have made a consistent effort to improve their English through a course provider, while working in Australia on an eligible temporary visa such as the subclass 457. This can include regular English tuition through educational institutions or private tutors with recognised qualifications in teaching English.

Steps for the RSMS process

Step 1

Employer completes and submits the Form 1054, together with all the required documentation as stated above under the heading 'What employers need to do?', to DBE for certification. Form 1054 is available at www.immi.gov.au/allforms/pdf/1054.pdf

Step 2

DBE assesses the nomination. If it meets the Northern Territory’s RSMS criteria, DBE certifies it and submits it to DIAC for approval.

Step 3

DIAC assesses and approves the nomination if it meets the criteria for RSMS.

Step 4

The overseas nominee submits a completed Form 47ES and supporting documentation to DIAC. Form 47ES is available at www.immi.gov.au/allforms/pdf/47es.pdf

This visa application cannot be lodged with DIAC until the employer’s nomination has been certified and lodged with DIAC unless an uncertified Form 1054 is lodged with the visa application.

The visa application can be lodged either before or after DIAC approves the nomination.

RSMS nominations and visa applications for positions nominated by Northern Territory employers, unless the business head office is in a different state, will be processed by:

Centre of Excellence, Permanent Sponsored Entry, DIAC, GPO Box 241, Melbourne, Victoria 3001

Applications relating to businesses with head offices in Western Australia, are processed in Perth and those in New South Wales, Queensland and the ACT are processed in Sydney.

Further information

Department of Business and Employment
Postal Address: GPO Box 9988, Darwin NT 0801 Australia
Email: migration.dbe@nt.gov.au
Web: www.migration.nt.gov.au

Download the Regional Sponsored Migration Scheme (RSMS) factsheet

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.