This scheme is designed to provide some flexibility to employers in regional, remote or low population growth areas of Australia, who would otherwise have difficulty  finding skilled workers, in their efforts to recruit and sponsor foreign overseas workers for permanent residency. The employer’s business and the nominated position must be in a regional area covering all of Australia except Brisbane, Gold Coast, Sydney, Newcastle, Wollongong and Melbourne. Similar to the ENS, it also involves a 2 stage process, including Nomination and Visa application, which varies depending on which one of the 3 streams is applicable in each case.

DIRECT ENTRY STREAM

This is for applicants who have not held a Subclass 457 visa in the last 2 years or are applying directly from outside Australia.

NOMINATION

For nomination to be approved, the employer must:

• Ensure that the nominated position is an occupation at skill level 1 to 3 within the ANZSCO framework (the nominated occupation does not have to be an occupation on CSOL, which allows a broader range of occupations to be eligible).
• Ensure that the nominating business and nominated position are both located in the regional area.
• Demonstrate that the position cannot be filled by an Australian citizen or Australian permanent resident living in the same region.
• Produce evidence of a Regional Certifying Body certifying that the requirements for the nomination have been met.
• Show that the business is actively and lawfully operating in Australia.
• Show that the position is available for at least 2 years on a full-time basis.
• Provide evidence that the nominee is to be remunerated at the market salary rate and the terms and conditions of employment for the nominee is not less favourable than those for Australian workers performing the same work in the same location.
• Ensure that there is no adverse information known to the Department about the employer.
• Have complied with relevant workplace relations laws.

VISA APPLICATION

For a successful visa application, you must:

• Hold or be eligible to hold, any mandatory registration, licence or professional membership required to perform tasks in the nominated occupation.
• Provide evidence of an employment contract.
• Meet mandatory health and character requirements.
• Be less than 50 years of age at the time of application or be exempted from this requirement.
• Have qualifications and skills that correspond to the nominated occupation and/or satisfactory skills assessment from the relevant assessing authority unless exempted otherwise.
• Have competent English (IELTS score of at least 6 for each component, OET score of at least B in each component or holding a passport for the UK, USA, Canada or the Republic of Ireland or New Zealand) unless exempted.

TEMPORARY RESIDENCE TRANSTION STREAM

This is designed for 457 visa holders who have worked for the sponsor for at least 2 years in the nominated occupation and are nominated in the same occupation for permanent residency. It provides a streamlined pathway to permanent residency for persons on 457 visas.

NOMINATION

For nomination to be approved under this stream, the employer must:

• Demonstrate that there is a need to employ a paid employee in the business.
• Identify the nominee (full name and date of birth)
• Ensure that the nominee still holds a subclass 457 visa granted as a main applicant.
• Ensure that the nominated position for a new application must be in the same ANZSCO group as the nominated position approved for current 457 visas.
• Demonstrate that they have met and continue to meet the training requirements.
• Ensure that the nominated person has been employed and actively performed the duties of the nominated position for at least a period of 2 years in the last 3 years.
• Ensure that the nominating business and nominated position are both located in the regional area.
• Show that the business is actively and lawfully operating in Australia.
• Show that the position is available for at least 2 years on a full-time basis.
• Provide evidence that the nominee is to be remunerated at the market salary rate and the terms and conditions of employment for the nominee is not less favourable than those for Australian workers performing the same work in the same location.
• Ensure that there is no adverse information known to the Department about the employer.
• Have complied with relevant workplace relations laws.

VISA APPLICATION

To be eligible for an RSMS visa under this stream, you must:

• Be less than 50 years of age unless exempted.
• Have vocational English (IELTS score of at least 5 in each component).
• Hold or be eligible to hold, any mandatory registration, licence or professional membership required to perform tasks in the nominated occupation.
• Provide evidence of an employment contract.
• Meet mandatory health and character requirements (Health waiver is available. Please refer to the Medical/Health waiver section).

RSMS VISA CANCELLATION

After you have been granted an RSMS visa, you must be mindful of the visa obligations attached to your visa. The department has the power to cancel your visa if you have not made a genuine effort to commence employment with your sponsor within 6 months of:

• Your first entry to Australia if you were granted an RSMS visa while you were outside of Australia.
• The date of visa grant if you were granted an RSMS visa while in Australia.

The Department may also seek to cancel your visa if you have commenced but:

• The employment has terminated within 2 years of commencement or
• You did not make a genuine effort to remain in the nominated employment for the period.

If you have received an invitation to comment in relation to their intention to cancel your visa from the Department, it may be in your best interests to contact experienced migration agents for advice.

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