Subclass 187 - Regional Sponsored Migration Scheme
The Regional Sponsored Migration Scheme (RSMS) subclass 187 allows employers in Tasmania to employ skilled migrants if a position cannot be filled by an Australia citizen or permanent resident.
This RSMS subclass 187 (Direct entry stream) is a permanent visa which requires a paid, ongoing full-time employment (minimum of two years) with the sponsoring business.
The Department of State Growth is Tasmania’s Regional Certifying Body (RCB) for RSMS. It assesses all Tasmanian applications and gives the Department of Home Affairs advice on whether the employer nomination should be supported. It is up to Home Affairs to make the final decision on the visa application.
The RSMS visa is desirable for both skilled migrants and employers.
- This visa is desirable for skilled migrants because it is a permanent visa, which means employers can attract a higher calibre of staff (unlike the subclass 457 which is a temporary employer sponsored visa).
- Because the visa is an employer sponsored visa, the employee is tied to the company for two years. This is an advantage for businesses that have difficulty attracting and retaining staff, for example if they are located in rural and remote areas.
- The nominated person may only be required to meet the ‘skills requirement’ that is, required educational qualifications and/or work experience. If they are a trades worker, relevant registration or licensing is required. Conversely, general skilled migration applications require a skills assessment by the relevant assessing authority.
- Employers receive a high level of support from staff from the Department of State Growth when submitting a RSMS application.
- No nomination fee at Home Affairs and the Tasmanian RCB does not charge a fee for nomination assessments (Subject to change by Home Affairs, please refer to the latest information).
The RCB advice application process involves two steps:
The employer applies to the Regional Certifying Body (RCB) at the Department of State Growth. Staff assess the application then provides an ‘RCB Advice’ to the employer and the Department of Home Affairs on whether or not they support the nomination. Assessments generally take 4 weeks.
An RCB Advice is valid for three months. An employer needs to lodge this Advice together with the other documents listed on Home Affairs website via Home Affairs e-lodgment facility called ImmiAccount. Support from the RCB does not guarantee nomination approval by Home Affairs (they may approve or refuse it or request further information). Please check the Home Affairs website for visa processing times.
This visa has three streams. Tasmania’s Regional Certifying Body (RCB) advice is only necessary for the Direct Entry Stream. You can apply for the Direct Entry Stream through this website.
Employers who want to nominate a person who has already worked for them for two years on a subclass 457 visa can apply directly to the Department of Home Affairs through the Temporary Resident Transition Steam. The third stream, Agreement Stream, is for people who are nominated by an employer through a labour agreement.
To be eligible for Regional Sponsored Migration Scheme (RSMS):
1) The sponsored employee/nominee:
- must be nominated by an approved Australian employer for a job in regional Australia
- must be under 45 years of age
- must have a minimum overall English score of ‘competent’
- must obtain a skills assessment by the relevant assessment authority
- must have at three years’ related work experience
- must hold relevant registrations and licencing if required
2) The employer must operate an established Tasmanian based business and address the following three key requirements:
- Genuine need for the position
- Is there an existing, current and genuine need for this position within the business?
- Is the position vital to the regular ongoing business activity of the nominating employer?
- Does the business have an ongoing need and the capacity to sustain the nominated position for at least two years?
- What efforts were made to recruit locally? (evidence required)
- If advertised, how was it done to attract the best possible response?
- If local applicants applied, why were they considered to be unsuitable for the position?
- Are the work conditions set according to an enterprise agreement or other industrial instrument under the Fair Work Act, or a common law employment contract?
- Is the skilled migrant being offered the same pay and conditions as any Australian permanent residents or citizens receive for doing the same job?
Employers will need to provide evidence that the position requires a skilled migrant and they will need to include evidence that all attempts were made to fill the position with a local Tasmanian worker but were unable to do so.
- All job positions for Regional Sponsored Migration Scheme (RSMS) must require a trade certificate, a diploma or a university degree. It must be at an ANZCO occupation skill level 1-3. Check the RSMS Direct Entry stream occupation list under the ‘Employers’ section.
- The employer must demonstrate how they have tried and failed to employ a local person in the role.
- The employer contract must be for a period of two years from the date of visa approval by Department of Home Affairs.
- Staff must be paid at the appropriate industrial award of workplace agreement, with the relevant information specified in the contract.
- The position must be full-time and the contract must include information on overtime and other entitlements.
Documents required in the application to fulfil the Regional Sponsored Migration Scheme (RSMS) criteria.
The nominated position should be a permanent full-time position (or at least for two years).
You need to clearly state which industrial award or workplace agreement is applicable in the contract. Please do not use wordings such as a ‘relevant award’.
The position description in the contract should include required qualifications, skills, and experience as well as the duties and responsibilities of the position. The role must be at skill level 1-3 according to the ANZCO qualification.
Please refer to the Fair Work Ombudsman website for information and resources on employment contract templates and industry awards.
The organisational chart needs to show exactly where the nominated position fits within the business. Please include all the employees directly employed by the business (subcontractors should not be included). It is also essential to specify how many people are working in each position and their status of employment (e.g. full time, part time or casual).
Proof of domestic recruitment efforts
Please provide evidence that you have made a genuine effort to recruit locals (Australian citizens/permanent residents) but were unsuccessful, for example include copies of the advertisements you have posted in on-line sources, University of Tasmania Career hub, Tasmanian vocational institutions, Jobactive, local newspapers and from social media.
Include a selection report including information on applications received and why no local applicants were suitable for the position.
The nominee’s Curriculum Vitae (CV)
A nominee’s CV must outline their qualifications, skills, employment experience and referees. It should demonstrate that the person is able to perform the duties of the nominated position.
Please provide the most recent profit and loss statement and the most recent balance sheet to demonstrate that the position is sustainable and the company can afford to pay for the nominated position on an ongoing basis. Please do not submit annual reports, Business Activity Statements (BASs), bank statements or other lengthy documentation.
If you have any questions on the documents required, please do not hesitate to email us at firstname.lastname@example.org.
Incomplete applications cannot be assessed, for example, applications submitted without a nominee. RCB assessments generally take 10 working days but if there are exceptional circumstances that RCB needs to take into account, please email email@example.com.
I’m a Tasmanian employer and I can’t find a Tasmanian person to fill a vacancy. I want to apply for Regional Sponsored Migration Scheme (RSMS) and I would like to know what I need to do.
Step 1 – Check the Department of Home Affairs website for information about RSMS.
Step 2 – Apply for Tasmanian Regional Certifying Body (RCB) assessment.
Step 3 – Apply to Home Affairs online for RSMS via IMMI Account.
This whole skilled migration application process generally takes seven months.
How long does it take for an RCB assessment?
Assessments for completed applications generally take 4 weeks. If you have an exceptional circumstance that we should take into account, please email firstname.lastname@example.org.
How much does the RCB charge for an assessment?
The Tasmanian Government does not charge assessment fees.