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Note: The nomination must be approved before the visa can be granted. The nomination application should be lodged before or at the same time as the visa application. If the nomination application is lodged first, the visa application must be lodged within six months of the nomination approval date. Applying for RSMS Visa If the employer and employee are eligible, willing and able to meet their obligations under the Regional Sponsored Migration Scheme, they can commence the 3-step application process. Step 1 - Employer applies for certification
The employer must apply for certification of a nominated position with the Regional Certifying Body. Step 2 - Employer nominates the position
The employer must lodge the certified nomination application with the department. Step 3 - Employee (you) applies for a visa The employee must apply for a visa to work in Australia. 1. Requirements for certification In general terms, the employer must be able to demonstrate to a certifying body that: • the position is a genuine full-time vacancy; • it is available for at least two consecutive years; • it requires qualifications equivalent to at least Australian diploma level (this includes trade certificates); • the position cannot be filled from the local labour market; • employment and remuneration is in accordance with Australian industrial laws; and • There is, or will be, an employment contract or letter of appointment covering the position. Employers should submit a completed form 1054, Employer nomination under the Regional Sponsored Migration Scheme, to the Regional Certifying Body which has jurisdiction where the position is located. Alternatively, contact the nearest department Business Centre which can advise details of the appropriate Certifying Body. 2. Employer nomination assessment. The completed and certified nomination needs to be forwarded to the relevant department Business Centre which needs to be satisfied that: • the nomination has been certified by a regional certifying body; • All the above requirements were met. 3. Visa nominee requirements The nominee must complete and lodge application form 47ES, Application for employer sponsored migration (Visa) to Australia, and pay an application charge. In general terms, the visa application will be assessed against the following: • that the nominee has the relevant qualifications equivalent to at least an Australian diploma; • that the nominee is able to satisfy any mandatory licensing, registration or professional membership requirements; • that the position is for a fixed term of at least two years (supported by evidence of a contract); • that the nominee is less than 45 years of age; • that the nominee has functional English language ability – IELTS is good, but not strict • that the nominee and all family unit members meet mandatory health and character requirements. Visa cancellation provisions
Since 1 July 2001, Visa cancellation provisions apply where: • the employee has not commenced employment with the employer within six months of arriving in Australia (or after visa grant if already in Australia); or • where an employee has left the employer within the two year period for reasons within their control.
Cancellation of a visa will not occur where a nominating employer terminates an employee’s contract within the two year period, provided the employee has made a genuine effort to complete the two years with the approved employer. If the employee’s visa is cancelled, the visas for people who accompanied the employee to Australia such as family members will also be cancelled. Successful RSMS Visa applicants will be granted Australian permanent residence (PR) under this Visa type. As a permanent resident; you have the right to live, work and study in Australia for as long as you wish. When you are granted permanent residence, a Visa label is placed in your passport as proof of your permanent residency. Other benefits of holding permanent residence include access to Medicare (government-subsidized health care), and the ability to apply for citizenship once you satisfy the residency requirements. ![]() Australian permanent residents (PR Holders) can: • Live and work in Australia on a permanent basis as long as wish • Study in Australia at school or university • Receive subsidized healthcare through Medicare and the Pharmaceutical Benefits Scheme (PBS) • Access certain social security payments (subject to waiting periods) • Be eligible for Australian citizenship (subject to the residency eligibility criteria) • Sponsor people for permanent residence. If No Visa. No Fee.
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