1. Regional Migration Programs for Employers to Fill Skilled Positions
The Department of Immigration and Citizenship (DIAC) has a number of programs that enable employers in regional areas fill skilled occupations when the positions cannot be filled from the local labour market.
Suitable occupations fall into the range of Australian Standard Classification of Occupations (ASCO) codes of 1****-** to 7****-**. A sample list of occupations and suitable programs are listed below.
2. Sample Occupations and Their Suitability Under These Programs Key: Yes = Applicable under this program. No = Not Applicable under this program
ASCO Major level
Example ASCO code
Example
Reg 457
RSMS
RSMS – Option A*
1. Managers and Administrators
1112-11
General Manager
Yes
Yes
Yes
2. Professionals
2211-11
Accountant
Yes
Yes
Yes
3. Associate Professionals
3322-11
Chef
Yes
Yes
Yes
4. Tradespersons and Related Workers
4211-11
Motor Mechanic
Yes
Yes
Yes
5. Advanced Clerical and Service Workers
5111-13
Personal Assistants
Yes
No
Yes
6. Intermediate Clerical, Sales and Service Workers
6323-13
Drink Waiter
Yes
No
Yes
7. Intermediate Production and Transport Workers
7129-15
Concrete Pump Operator
Yes
No
Yes
8. Elementary Clerical, Sales and Service Workers
8291-11
Checkout Operator
No
No
No
9. Labourers and Related Workers
9921-79
Farm Hands
No
No
No
*Option A relates to a position that has been held by an employee with their employer/sponsor for a min 2 years.
3. Regional Certifying Body Assessment Regional 457 applications (seeking a skill and/or salary waiver) and all RSMS applications need to be certified by the local Regional Certifying Body (RCB) before they are lodged with the Dept of Immigration.
The Cairns Chamber of Commerce is the Regional Certifying Body for areas including: Johnston Shire, north to the Torres Straits and West to the Northern Territory Border with Queensland.
4. Certification Process by Regional Certifying Body
If you require assistance with completing your application, you will need to contact a Migration Agent or the Dept of Immigration. Some useful links and contacts are at the end of this document.
The standard turnaround time for our certification process is 10 working days (pending correct documentation has been supplied). If the applicant’s visa is going to expire within the turnaround time, we suggest that you contact the Dept of Immigration or a Migration Agent for advice.
Step 1. Follow the steps outlined on the Dept of Immigration website for the program you are applying under (as per website links at the start of this document), then:
Step 2. Ensure your application addresses the following items that we consider when assessing your application:
• The position cannot be filled locally.
• The tasks of the nominated position correspond to the tasks of a skilled occupation
• The position being considered is a genuine, full time position that is necessary to the operation of the business.
• The working conditions of the position, including salary, will be no less favourable than those provided for under Australian legislation and awards.
• For Regional 457 applications, the wages or salary for the position must be at least equal to the minimum salary level that applies to regional concession arrangements and you are to select ‘Yes’ on your form to seek an exemption from the minimum salary level. See below re: salary figures: The minimum salary level will change each year. The minimum gross annual salary (excluding bonuses, overtime and superannuation) based on a 38 hour week is currently set at $51,570 for Information and Communication Technology occupations and $37,665 for all other gazetted occupations. Non-IT occupations in the ASCO code range of 1-4 that are paid at or above $41,850, can be lodged directly with the Dept of Immigration.
Step 3. Send the following documents to the Cairns Chamber of Commerce.
(Apart from the Dept of Immigration Forms, documents supplied to our office will not be returned. Please keep copies).
1. Dept of Immigration Form:
a. 1054 (RSMS); or Form 1196 or Form 1196R + copy of e457 (Reg457)
2. Job Description including the relevant ASCO Code;
3. Resume/CV;
4. Draft Employment Contract;
5. Evidence of labour market testing i.e. copies of advertisements for position/letter outlining need for position and inability to fill from local labour market
6. Organisational chart
7. Payment of $550.00/position made out to “Cairns Chamber of Commerce”
7. Send items 1-7 to:
Cairns Chamber of Commerce
PO Box 2336, CAIRNS QLD 4870
Email:
Ph: 07 40311838 Fax: 07 40310883
Step 3. We will assess the application and make a decision as to whether or not we certify the application.
If we certify the application, the original form 1054/1196/1196R and a letter of approval will then be returned to you to lodge with the Dept of Immigration. Please note that certification of an application by the Cairns Chamber of Commerce does not guarantee that it will be approved by the Dept of Immigration.
At this point the Cairns Chamber of Commerce has no further involvement in the application process.
Future enquiries about your application should then be directed to the Dept of Immigration or to your Migration Agent.
Step 4. Once you have received certification from us, you then need to lodge your application with the Dept of Immigration as explained in their forms.
5. Contacts and Links
(a) Department of Immigration – Cairns Office
All Forms and Information on their website: http://www.immi.gov.au
Mr Garry Chaston – Regional Outreach Officer Ph: (07) 4044-5912
Level 2, GHD Building, 95 Spence Street, Cairns QLD 4870.
(b) Local Migration Agents A-Counting Plus (Dr Chris White) Ph: 07 40426100
Bottoms English Lawyers Ph: 07 40515388
Carol Shipway Ph: 07 40518788
Frank Lanza Ph: 07 40316676
Gayler Cleland Towne Ph: 07 40516111
Calonda Holdings (John Young) Ph: 07 40413955
MacDonnells Law Ph: 07 40300600
Migration Help (Natasha Arens) Ph: 07 40556266
Migration Pathways (Nicola Baker) Ph: 07 40977556
6. Programs : Key Points
(a) RSMS (Regional Sponsored Migration Scheme) Conditions to meet:
The employer must have a genuine vacancy that:
• is available for at least two consecutive years;
• is unable to be filled through the local labour market;
• requires the skills of at least an Australian diploma level (or higher);v • will be remunerated in accordance with Australian industrial laws
The visa applicant must:
• have the relevant qualifications/experience (at least Australian diploma level) for the position;
• be able to meet mandatory licensing requirements for the position;
• be less than 45 years old;
• have functional English;
• meet health and character requirements (family members included)
The RSMS process consists of three distinct stages:
• certification of the nomination/vacancy (by a certifying body such as the Chamber);
• nomination by the employer is assessed by Dept of Immigration; and
• nominee’s application for a visa.
The Position
• The RCB certifies the position, not the employee.
• Certification can be given, even when no employee is known, and remains valid for six (6) months.
• The Skills Matching Database provides an alternative means for employers to located possible staff to fill the position. This is available on-line via the Dept of Immigration website.
(b) Reg457 (Regional Certified 457)
The Regional Certified 457 is a sub-set of Visa Class 457. Businesses who wish to seek an exemption from the minimum skill and/or salary levels must seek certification of the nomination by a Regional Certifying Body.
Conditions to meet:
The employer must have a genuine vacancy that:
• is available for three months to four years;
• is unable to be filled through the local labour market;
• will be remunerated in accordance with Australian industrial laws and have a minimum annual salary as gazetted by Dept Immigration from time to time. This amount is currently $37665 (excluding superannuation, allowances and bonuses).
The Position
Covers:
• ASCO 1 – 7 (some exceptions)
• Managers and Administrators
• Professionals
• Associate Professionals
• Tradespersons and Related Workers
• Advanced Clerical and Service Workers
• Intermediate Clerical, Sales and Service Workers
• Intermediate Production and Transport Workers
Exceptions:
• Some occupations are not eligible to be nominated.
• ASCO Level 8 – Elementary clerical, sales and service workers;
• ASCO Level 9 – Labourers and related workers
• Apprentice tradepersons & associated workers
• Assistant and trainee positions
• Occupations that are “Not elsewhere classified” (NEC - 79) in ASCO Major Groups 5 - 7
• Occupations that, for legislative reasons, can only be filled by an Australian citizen or permanent resident
• Religious workers for which there are separate specialised temporary entry visa subclasses
• Tour guides
• Positions as gazetted by Dept of Immigration
The visa applicant must:
• have the relevant qualifications/experience for the position;
• be able to meet mandatory licensing requirements for the position;
• meet health and character requirements (family members included)
The Regional 457 process consists of three distinct stages:
• certification of the nomination/vacancy (by a certifying body such as the Cairns Chamber of Commerce);
• nomination by the employer is assessed by Dept of Immigration; and
• nominee’s application for a visa.
Some employers may also be excluded, including:
• Recruitment companies and labour hire firms • Employers that are exclusively party to other sponsorship arrangements, specifically Regional Headquarter Agreements, Labour Agreements and Overseas Business Sponsorships
