Regional Sponsored Migration Scheme

• It is recommended that you consult the fact sheets below which outline the assessment criteria for certification of employer nominations 
• No fee is currently charged by the Regional Certifying Body for assessment and certification of nominations
• Immigration SA will only return page 9 Certification by Regional Certifying Body of Form 1054 and a record of RCB certification once an RSMS nomination is finalised. Please ensure that all supporting documents provided to Immigration SA are copies only as they will not be returned. 
   

Download the RSMS Fact sheets:

• RSMS Overview Fact Sheet
• RSMS Employer Information Fact Sheet
• RSMS Employer Checklist
• RSMS Self Nominations Checklist
• RSMS Religious Worker
• Labour Market Test (LMT) Declaration

An employer can nominate an overseas skilled worker for a position in South Australia through the Regional Sponsored Migration Scheme (RSMS) provided certain criteria are met:

• the nominated person must be skilled
• the position must be a skilled, full-time position available for a minimum of two years
• the  position cannot be filled from the local labour market

The nominated person can be residing overseas or be a temporary resident already in Australia.

For a position to be considered as skilled under RSMS it must require a person with at least an Australian equivalent trade, diploma or higher qualification.

As of 1 July 2010, RSMS nominations should include the relevant Australian and New Zealand Standard Classification of Occupations (ANZSCO) code. Information about ANZSCO is available from the Australian Bureau of Statistics.

For information regarding the introduction of ANZSCO please refer also to the Department of Immigration and Citizeship (DIAC) website.

Read more:

• Who can you nominate?
• How do you use the RSMS?
• Visa cancellation provisions
• Employer sanctions legislation
• Contact details
• Guidelines and application forms
• Visa options and eligibility
   

Who can you nominate?

To be considered for nomination, a migrant should:

• be under 45 years of age
• possess relevant qualifications equivalent to at least Diploma level
• have functional level English

However, if the migrant does not meet these requirements, consideration may be given to an exceptional appointment in any or all of these categories if you can demonstrate that the position can only be filled by that person.

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How do you use the RSMS?

1. Find a suitable employee.
   

   If you know of a temporary resident in Australia or someone overseas who has the necessary qualifications to fill your vacancy, you may nominate them to work in your business. If you are looking for an employee to fill a position, you can use the Skills Matching Database or contact the Skills and Trade Recognition Support Services.

2. Lodge your nomination.
   

   You must lodge a nomination form with Immigration SA, the Regional Certifying Body for South Australia, using the RSMS Form 1054. When lodging your nomination, you must include supporting documentation as per our RSMS Employer Checklist. 
   Please note: Do not staple or paperclip documents, or lodge the nomination in any hard binding folders.

3. Immigration SA assesses your nomination.
   
   Once Form 1054 is received with complete checklist information, Immigration SA will assess your nomination and endeavour to notify you within 28 business days (approx 6 calendar weeks) by email or post of a decision. This is based on being able to certify that the vacancy:
   
   Cannot be filled from the local labour market
   
   Is available for two years (you must enter a two year contract with the nominee)
   
   Is a skilled vacancy which requires relevant qualifications
   
   Is in accordance with Australian standard award wages and conditions and current labour market salary rates are being paid (see the RSMS Employer Checklist)
    

4. The Department of Immigration and Citizenship (DIAC) decides the status of the nomination.

   Folllowing certification, Immigration SA will email the scanned certification page 9 of Form 1054 and our decision letter to the authorised recipient. You can then lodge the complete application with DIAC:
   
   Department of Immigration and Citizenship (DIAC)
   
   Postal Address:
   Melbourne Centre of Excellence
   Permanent Sponsored Entry
   GPO Box 241
   Melbourne VIC 3001
   
   Street Address:
   Level 25 Casselden Place
   2 Lonsdale Street
   Melbourne VIC 3001
   
   Tel: 131 881 if in Australia. If outside Australia contact your nearest Departmental office.
   Fax: +61 (03) 9235 3206
   Email: vic.pse@immi.gov.au
   Web: www.immi.gov.au
    

5. Nominee lodges a separate application for visa.
   
   If DIAC approves the nomination, your selected nominee will need to complete a separate visa application on Form 47ES and lodge directly with DIAC. For information on how to apply for an RSMS visa, please check here.
   
   The visa application process for your nominee will take on average between five and seven months for complete applications, depending on whether they were already registered on the Skills Matching Database. 

If your original nominee's visa application is refused, you may lodge a further application for a different nominee within six months of DIAC's approval of the nomination.

Please note: as the RSMS is a permanent visa, the complete process—from lodging a nomination until the visa decision is made—may be lengthy. Employers who have to meet an immediate workforce need may wish to consider the Temporary Business (Long Stay) 457 Visa , which has a considerably shorter processing time than the RSMS.

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Visa cancellation provisions

Cancellation provisions may apply for visas applied for and granted after 1 July 2001 in the following circumstances:

• where the visa was granted within Australia and the visa holder does not commence work with you within six months of the visa being granted
• where the visa was granted outside of Australia and the visa holder does not commence work with you within six months of entering Australia
• if the employee does commence work, but the Minister is not satisfied that they have made a genuine effort to complete the period of employment provided for under the required two year contract

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Employer Sanctions Legislation

On 19 August 2007, the Commonwealth Government introduced the Employer Sanctions Legislation.

This means that it is now an offence under the Migration Act 1958 to knowingly or recklessly allow or refer an overseas worker for work, who is either illegally in Australia or in breach of their visa conditions.

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Contact details

For information about RSMS certification and Immigration SA please contact:

Program Support Officer, Employer-Sponsored Programs
Immigration South Australia
GPO Box 1264
ADELAIDE SA 5001

Tel: +61 8 8303 2173
Fax: +61 8 83032040
Online enquiry form
Hours: 9am – 5pm, Monday – Friday (excluding public holidays)

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Guidelines and application forms

Form 1054: Employer Nomination Under RSMS

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Visa options and eligibility

• Booklet 5: Employer Sponsored Migration
• RSMS (Subclass 119/857)

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