What is the first step if I want to employ an overseas skilled worker in my business under SESR?
You need to lodge an application for Regional Certifying Body (RCB) advice providing supporting documentation to support your claims. Applications for RCB advice must be lodged through our online application system. A checklist outlining the information and documents required is available here.
How can I find out about visa processing status for the applicant?
The Regional Certifying Body (RCB) has no role in the grant of visas.
The Department of Home Affairs will only communicate about nominations and visa applications with the applicant or their migration agent.
To find out about visa processing visit the Department of Home Affairs website.
What is a Regional Certifying Body (RCB)?
Regional Certifying Bodies (RCBs) are organisations appointed by the Minister for Immigration and Border Protection. RCBs must provide advice to the Department of Home Affairs about nominations under the Skilled Employer Sponsored Regional (SESR) - Employer Sponsored Stream lodged by employers who wish to fill positions in regional Australia that cannot be filled from the local labour market.
RCBs are required to assess whether the identified person would be paid at least the annual market salary rate for the occupation.
How much does the nomination and visa processing cost?
No fees are charged by the South Australian Regional Certifying Body (RCB) or Department of Home Affairs for an employer nomination under the Skilled Employer Sponsored Regional (SESR).
Department of Home Affairs does charge a visa application fee. Information on fees & charges is available from the Department of Home Affairs website.
Where can I find information on Regional Certifying Bodies?
A list of Regional Certifying Bodies is found on the Department of Home Affairs website.
What kind of positions/vacancies can I fill with overseas employees?
The position has to be a genuine full-time, skilled (as defined by the nominated ANZSCO code) vacancy and available for at least 5 years.
Where can a person we have nominated find out about working in South Australia?
Information relating to employment, Workplace health and Safety (WHS) and the Equal Opportunity Commission is available from the following websites:
- State Awards made under the South Australian Fair Work Act 1994 vist SafeWorkSA.
- Equal Opportunities Commission
- Information regarding finding and starting work, and workplace issues is available from the Department of Education, Employment and Workplace Relations
- Information on federal awards, wages and conditions (for employers and workers) is available free of charge from Fairwork Australia.
What is full-time?
Full-time is defined in the relevant industrial arrangement that covers your worker. It is usually between 35-40 hours per week.
What does base salary mean?
The base salary is the annual salary before tax excluding any benefits such as mandatory superannuation, penalties, bonuses, allowances, etc.
What does total salary/total remuneration package mean?
Total salary or remuneration is the total salary including superannuation benefits, penalties, bonuses, allowances, etc.
My business will be offering employment to a person and their partner. Do we need to complete a nomination for each of them?
No. Only one nomination for the primary applicant is required. The partner will be the secondary applicant for the same SESR visa application.
What are public interest criteria?
Public interest criteria, which include health and character checks, apply to everybody applying to enter Australia as a permanent or long-term temporary resident. For further information about public interest criteria visit the Department of Home Affairs website.
Where can I find the Australian and New Zealand Standard Classification of Occupations (ANZSCO) dictionary?
ANZSCO is the Australian and New Zealand Standard Classification of Occupations. An online version of the Australian and New Zealand Standard Classification of Occupations dictionary is available from the Australian Bureau of Statistics website.
Is there a minimum salary level for RSMS?
Both the Annual Market Salary Rate for the nominated occupation and the guaranteed annual earnings that will be paid to the nomminated overseas workers, excludng any non-monetary benefits (for example accommodation or care provided to them as part of their salary package), must not be less than the TSMIT. The TSMIT is currenty AUD $53,900.
Where can I get assistance/migration advice?
If you need help to establish the most suitable visa scheme for your situation we recommend consulting a registered migration agent.
Lists of registered agents are available from the Office of the Migration Agents Registration Authority (MARA) and the Migration Institute of Australia (MIA) websites.
Immigration SA is unable to provide comprehensive migration advice.
What if I'm unhappy with the service I have received from a migration agent?
Migration agents are required to abide by a code of conduct. If you are unhappy with service you have received, you can make a complaint to the Office of the Migration Agents Registration Authority (MARA).
How long does assessment of an application take?
Please check our processing times for further details.
Where can I get information on licensing and registration requirements, skill assessments, etc?
The skills assessment and assessing authority page on the Department of Home Affairs website provides information on skill requirements, skill assessing authorities and state-specific registration and licensing requirements in order to be able to work in your occupation in Australia.
How long are Department of Home Affairs visa processing times?
Average visa processing times for SESR are available from the Department of Home Affairs website.
Does the sponsoring employer have to cover the nominee’s relocation costs?
Employers who wish to nominate an overseas skilled worker under RSMS to fill a vacancy in their business are not obliged to cover the nominee's visa and relocation costs.
Some employers may do this as a gesture of good will, but there is currently no legislative requirement for employers to do so.
What happens if the RCB advice is ‘not satisfied’?
The RCB has to provide advice to the Department of Home Affairs as to whether the federal Minister could be satisfied that the nomination application meets the criteria that the RCB is required to assess. (Refer to ‘What is a Regional Certifying Body (RCB) for these criteria.)
If the RCB advises that the application does not satisfy the legislative requirements, it will provide the reasons for the advice to Home Affairs and to the nominator. The nominator can provide further information to the Department of Home Affairs.
The RCB will only provide advice once. Please do not resubmit an application for RCB advice where the advice has been that the RCB assessment criteria are ‘not satisfied’.
What is an ‘industrial instrument’?
An industrial instrument is a document that is recognised or registered under the national workplace relations system. It sets the minimum terms & conditions of employment for employees covered under that instrument.
Common industrial instrument types include modern awards, enterprise agreements and employment contracts made under common law.
What does ‘Annual Market Salary Rate’ mean?
Employers must provide the Annual Market Salary Rate (AMSR) that they have determined for the nominated occupation - that is, what the equivalent Australian worker does earn, or would earn working in the same occupation.
How can I find a skilled worker from overseas to fill a position that I have been unable to fill from the local labour market?
Search the Department of Home Affairs Skill Select database. SkillSelect is an online service that enables skilled workers interested in migrating to Australia to record their details to be considered for a skilled visa through an Expression of Interest (EOI). Intending migrants may be found and nominated for skilled visas by Australian employers or state and territory governments, or they may be invited by the Australian Government to lodge a visa application.
Skilled Arrival Services
Immigration SA's Skilled Arrival Services supports migrants with the recognition of overseas gained qualifications and skills for the purpose of finding meaningful employment.
Email: email@example.com or phone +61 (8) 8303 2420.
Can I still access the Regional Sponsored Migration Scheme (RSMS) (Subclass 187)?
The Regional Sponsored Migration Scheme (RSMS) (Subclass 187) direct entry stream visa closed to new visa applications on 15 November 2019. To apply for RCB advice for an RSMS application, you must have submitted the 187 RSMS employer nomination application and the nominee’s 187 visa application to the Department of Home Affairs BEFORE 16 November 2019.
Any new Employer Sponsored nomination applications can be submitted under the Skilled Employer Sponsored Regional (Provisional) 494 visa.