New Procedures for Employer Nominations under RSMS

As of July 01 2012, the Department of Immigration and Citizenship (DIAC) have implemented widespread changes to visa processes. One area affected by these changes is the procedure for employer nomination under the Regional Sponsored Migration Scheme (RSMS) – Subclass 187.

Under the RSMS, an employer wishing to sponsor an international employee must seek nomination approval from DIAC. As part of this approval, they must have certification from a Regional Certifying Body (RCB).

The RCB will provide advice to DIAC on whether your nomination meets certain criteria. For example, they will look at:

• Whether there is a genuine need for the nominating employer to employ a paid employee to work in that position; and
• Whether the position can be filled by an Australian citizen or permanent resident living in that area; and
• Whether the terms and conditions of employment will be no less favourable than those terms and conditions provided to an Australian citizen or permanent resident performing those duties.

In determining whether a ‘genuine need’ exists, the RCB may consider for example where the position fits into the business, or the production of goods and services of the business and how that position would maintain or enhance that production. There are a number of other factors which may be considered for each of the points above.

Documentation will need to be provided to the RCB relating to the above points. What documentation you will need to provide can depend on whether the position is:

• In the regular ongoing business activity of the employer; or
• Involved in the diversification of the activities of the business; or
• Within the diversified business or in a start up business.

It is important to ensure you include the right documentation for your situation.

For more information or if you have any questions, feel free to contact our migration team.