The assessment by a Regional Certifying Body (RCB) is a DIBP requirement for direct entry nomination for a Regional Sponsored Migration Scheme (RSMS) 187 visa.
As a local employer, you can nominate a person for a skilled position that cannot be filled locally. The person may be working in the position currently; you may have identified a candidate offshore or onshore or you are currently looking for a candidate.
If you have an employee who has been on a 457 visa for two years or more, they may qualify for the Temporary Residence Transition stream. There are also state nominated General Skilled Migration visa options if you have an employee who has worked in their field in Greater Adelaide for the last twelve months or in a country region of South Australia for the last six months.
This application process is for South Australian employers or migration agents (engaged by the employer) wanting Regional Certifying Body advice to employ a skilled worker under the RSMS visa (Subclass 187 - Direct Entry stream).
To apply you (the employer) must demonstrate:
- There is a genuine need for the position in South Australia.
- The position cannot be filled locally. *
- The employment conditions are equivalent to those provided to an Australian worker.
* As part of the application process, you will need to explain what recruitment activity you have undertaken to fill the position locally. This includes cases where the nominee (employee) has already been working in the nominated position. Immigration SA offers a recruitment activity exemption for limited occupations.
Before applying, please review the criteria for RCB advice applications.
Before you apply
The following is a summary of the documents / information required in your online application for Regional Certifying Body (RCB) advice. Before you apply, please review the complete document checklist (and examples of the required documents provided below).
- Organisational chart
- Role statement for the nominated position
- Employment contract
- Recruitment activity details – this must be undertaken in the last six months (unless you are the employer) are eligible for a recruitment exemption
- Position created due to increase in demand:
- Financial evidence for two consecutive years within the last three years:
Profit & loss statements or Business Activity Statements (BAS) comparing the same time period
- Overtime worked by existing employees in the same occupation
- Evidence of additional opening hours
- Financial evidence for two consecutive years within the last three years:
- Position created due to business expansion:
- New business contracts or contracts for additional premises
- Position created due to business diversification:
- Provide details of business diversification for example, new products or services and reasons for diversification.
If you employ Australian workers in equivalent positions:
- Evidence of employment contracts or payslips for the Australian workers.
If you do not employ Australian workers in equivalent positions:
- Details of research undertaken and information used to determine the salary for the nominated position.
The following resources will help you prepare your application:
- Please read the application terms and conditions, the criteria for RCB advice applications and the document checklist before applying. You must upload all supporting documentation at the time of submission. Unless requested by Immigration SA, documents sent or emailed separately from your online application won’t be accepted.
- Your uploaded documents must be scanned copies of genuine originals.
- All documents must be in English or translated by a qualified translator into English
- You should only upload the documents required. Non-essential documents may delay processing.
How to apply
Employers must apply for advice from Immigration SA, who acts as the Regional Certifying Body (RCB) for South Australia, when nominating a migrant under the direct entry stream of the RSMS visa.
The application involves three steps. The first step is with Immigration SA.
1. Check the Department of Immigration and Border Protection’s (DIBP) website to ensure you (the employer) meet the RSMS nomination criteria. The employee will also need to meet DIBP’s RSMS visa criteria.
Ensure that you (the employer) meet the criteria for RCB advice applications and ensure you have all the documentation to complete Immigration SA’s online application.
- You will receive an email confirming that your application has been received.
- If your application is missing any information outlined in the document checklist, it will be deemed ‘invalid’. In this circumstance, no advice will be provided to DIBP. You can submit another application with the documentation required to Immigration SA for RCB advice.
- In some circumstances we may need to contact you for more information. You will have seven calendar days to respond.
- If you cannot supply the information within seven calendar days of the request, you contact Immigration SA by email to arrange an extension of seven calendar days.
- If no information (or insufficient information) is received from you within seven calendar days, Immigration SA will make a decision based on the information supplied and this may result in your application being “not satisfied” or deemed invalid (see advice outcome below for definition).
- If the RCB is unable to determine if your application satisfies the assessment criteria, you may be asked to provide further details in a statutory declaration.
- A copy of the completed statutory declaration is sent to DIBP with the RCB advice.
- If you cannot complete a statutory declaration within seven calendar days of the request, you can contact Immigration SA by email to arrange an extension of seven calendar days.
- Applications with insufficient information may result in a not satisfied advice to DIBP.
- For satisfied applications, you will be emailed a copy of the RCB advice (Form 1404) which will also be provided to DIBP, However, you must also supply DIBP with this advice as part of your RSMS nomination application.
- For not satisfied applications, you will be emailed a copy of the RCB advice (Form 1404) with a summary of the reasons for the negative assessment advice. DIBP will also be provided with the email and receive both documents. If your application is deemed to be “not satisfied,” you can contact DIBP to discuss how to progress the nomination application. A 'not satisfied' RCB outcome does not prevent you from lodging an employer nomination application with DIBP and additional information can be provided to DIBP. DIBP will consider both the RCB advice provided and the information supplied in the employer’s RSMS nomination application.
Applications missing any documentation or information described in the document checklist or requiring three or more clarifications about incomplete content will be declared “invalid” and you will be advised by email. DIBP will not be notified. You can re-apply for RCB advice once you have all the information and documentation required.
- Immigration SA will only provide advice once per nomination. RCB advice is valid for three months from the date the advice is issued.
Please note: The paying for visa sponsorship framework introduces new laws that allow the DIBP to take action in instances where this conduct is identified or suspected. On 14 December 2015 new criminal and civil penalties and visa cancellation provisions were introduced as part of the framework. This allows for sanctions to be imposed on a person who asks for, receives, offers or provides a benefit in return for a visa sponsorship or employment that requires visa sponsorship (otherwise known as a 'sponsorship-related event').