Information for Employers

You should ensure that the position:

  • Is available for at least 35 hours per week
  • Is a permanent role which will be available for at least 2 years
  • Requires a trade certificate, diploma or degree – skill level 1- 3 ANZSCO framework
  • Cannot be filled using the local labour market
Employers may locate suitable people interested in being sponsored in various ways, including:

  • Advertising the position in Australia via the Job Services Network or other internet sites
  • By advertising overseas
  • Through personal contacts or recommendation from third parties
  • Through the SkillSelect database on the DIAC website
  • Engaging an Employment Agency that specialises in overseas recruitment
You should ensure that the person:

Regional employers may request an exemption from the following requirements in certain circumstances:

  • Skill level of at least trade certification, diploma or degree – This relates to the position being filled OR the skill of the nominated employee.
  • Age of nominated employee is older than 50 years
  • English ability of nominated employee is at least ‘competent’ level
This form can be found at http://www.immi.gov.au/Services/Pages/employer-sponsored-ens-rsms-online-applications.aspx and should be completed by the employer. The type of information requested will include:

  • Contact details and ABN for nominating business
  • Nature of business
  • Detail of the position including terms and conditions of employment/ANZSCO code
  • Employment details
  • Details of the person you wish to sponsor
The Skilled Migration Officer will review the application to ensure it meets the requirements as set by DIAC. These include:

  • The position is a full time vacancy in the region
  • The position cannot be filled from the local labour market
  • The position is available for at least 2 years
  • The business is actively and lawfully operating in the region
  • The terms and condition of employment of the position (Market Salary Rate)

1. There is a genuine need for the nominator to employ a paid employee to work in the position under the nominator’s direct control; and
2. The terms and conditions of employment applicable to the position will be no less favourable than the terms and conditions that are provided to, or would be provided to, an Australian citizen or permanent resident for performing work in the person’s workplace at the same location; and
3. The position cannot be filled by an Australian citizen or permanent resident who is living in the same local area where the nominated position exists.

To satisfy these requirements, you should send the following documents to RDA Far West – Other documentation materials may be requested on a case by case basis.

  • Nomination Application Form – http://www.immi.gov.au/allforms/pdf/1404.pdf
  • Business Registration
  • Business Organisation Chart
  • Details of applicant, DOB, country of origin etc
  • Position Description, Resume and Qualifications
  • Employment contract, and Letter of Offer of Employment
  • Proof of Advertising for position
  • Annual/Financial Reports for last two years or letter from Accountant in support of financial capacity of business
  • The position is in accordance with the standards for wages and working conditions provided for in relevant Australian workplace legislation and awards
  • Non-refundable administration fee of $280 (incl. GST) payable to RDA Far West by cheque or Direct Credit to;

Broken Hill Community Credit Union

BSB : – 802-377
Account No : 37737673
Account Name : Regional Development Australia Far West Inc

In their review, DIAC will be looking to establish the following:

  • The employer is actively and lawfully operating in regional Australia
  • The employer has a satisfactory record of compliance with immigration and workplace relations law
  • The position is in accordance with the standards for wages and working conditions provided for in relevant Australian workplace legislation and awards
  • The position will provide the nominee with full-time employment for at least two years.
  • Meets the Market Salary Rate for wages being paid to the nominee
The Skilled Migration Officer may contact you with questions about the application prior to this advice being provided. Form 1404 and documentation will be returned to you when advice signed. A copy of all documentation will be kept in the RDA Far West office.
Please note that DIAC cannot approve a nomination unless RCB advice has been provided
http://www.immi.gov.au/e_visa/ens-rsms.htm and should be completed by the nominated employee. Along with their own details, they should list the dependent family members who are to be included in the application.

Instructions on the visa application process can be found on the DIAC website, found at http://www.immi.gov.au/skills/skillselect/index/visas/subclass-187

Please also refer to the applicants checklist at http://www.immi.gov.au/skills/skillselect/index/checklists/187-applicant-checklist.pdf

In their review, DIAC will be looking to establish the following:

  • The employer’s business is actively and lawfully operating in regional Australia
  • The position is available to the nominee for at least 2 years
  • The terms and conditions of employment are the same as those that would apply to an Australian citizen or permanent resident
  • There is no adverse information known to the department about the employer or a person associated with the employer
  • The employer has complied with relevant workplace relations laws
DIAC will assign a case officer to assess the applications and advice will be sent to the requestor on the success of the application. The case officer may contact you with questions about the application prior to approval.

Once the applications have been approved by DIAC, it is up to you & the nominated employee to determine the start date for the employment contract.

Note: The RDA Far West is not a registered Migration Agent.

We are unable to give you general immigration advice and can only assist you during the employer nomination phase.

For immigration advice please contact the Department of Immigration and Citizenship.

If employers/nominees engage a Migration Agent they must be registered with MARA (Migration Agents Registration Authority) – https://www.mara.gov.au