The Regional Sponsored Migration Scheme (RSMS), represented by Subclass 187 visa, is an exceptional pathway for skilled workers seeking to live and work in regional Australia. At the same time, it offers local employers in these areas a means to fill skill gaps within their businesses by recruiting qualified overseas personnel. Here we explore the details of this scheme, highlighting the opportunities it offers to both regional employers and workers.
Regional Sponsored Migration Scheme: An Overview
The RSMS is designed for workers nominated by an Australian employer situated in a designated regional area of Australia. Under the scheme, workers who bring skills that are in demand in these regions can gain permanent residency, which is a win-win for both the worker and the community they become a part of. The scheme is especially attractive for those looking for long-term stability and the chance to contribute to regional communities.
Streams under the RSMS
The RSMS provides two distinct streams: the Direct Entry stream and the Temporary Residence Transition (TRT) stream. The Direct Entry stream is currently closed to new entrants. The TRT stream, on the other hand, caters to holders of Subclass 482 or Subclass 457 visas who have worked with their nominating employer for at least three years.
Process of Applying for the RSMS Visa
The application process for the RSMS visa is a two-stage journey, involving both the employer and the employee.
- Stage 1 – the employer submits a nomination application. This application details the position to be filled, terms and conditions of employment, and the need for the position. It also identifies the overseas worker and any secondary applicants covered by the nomination.
- Stage 2 – the visa application, which is submitted by the employee. This application details the employee’s skills for the nominated occupation, as well as the personal details of the principal applicant and any secondary applicants. These two applications can be lodged simultaneously, as long as the visa application is submitted after the nomination application.
Eligibility Criteria for Workers
In order to qualify for the RSMS, there are several general requirements for employees:
- Age Limit: Applicants must be under 45 years of age, unless exempt.
- Eligible Occupation: The nominated occupation must be included in the Medium- and Long-Term Strategic Skills List or be specified in the labour agreement.
- Skills Assessment: A positive skills assessment from the relevant authority in Australia is needed to confirm the applicant’s qualifications and skills.
- Relevant Work Experience: The principal applicant should have a minimum of three years’ work experience in the nominated occupation or a closely related one.
- English Competency: The principal applicant must demonstrate competent English or the level of English as specified in the labour agreement.
- Health and Character: All applicants and their family members must meet health and character requirements.
- Occupational Registration: For occupations that require mandatory registration or licensing, evidence of such from the relevant Australian authority must be provided.
Criteria for Employers
Employers also have to meet certain criteria to participate in the RSMS:
- Labour Agreement: Employers need to have a labour agreement with the Department of Home Affairs.
- Nomination Approval: The employer must get approval for a nomination application, which involves nominating an overseas worker for a specific position.
- Business Eligibility: The business should be actively and lawfully operating in Australia and compliant with Australian immigration and workplace laws.
- Terms and Conditions: Employers must offer overseas workers terms and conditions that are at least as favourable as those given to Australian citizens or permanent residents in the same role.
- Genuine Position: The nominated position must be genuine, full-time, and ongoing for at least two years from the visa grant date.
- Remuneration: Employers must be able to pay at least the annual market salary rate for two years from the visa grant date, which should not be less than the Temporary Skilled Migration Income Threshold.
The RSMS presents a fruitful opportunity for both regional employers and overseas workers. By utilising this scheme, employers can address the skill shortages in their business, while employees get a chance to become a part of the vibrant and diverse regional communities of Australia.
