To qualify for the Regional Sponsored Migration Scheme (subclass 187 – Direct Entry stream), the employer and employee must meet all the Commonwealth Department of Immigration and Border Protection’s (DIBP) requirements. An overview of the application process is available on the local employers page.
Please review the criteria below and the document checklist before applying to Immigration SA for RCB advice
- There is a genuine need for the nominated position within the business:
- The position is vacant through resignation
- The position is newly created due to increase in demand, business expansion or business diversification (see the document checklist for details of the evidence required).
- The nominated position must fit the nature and scope of the business’ day-to-day activity.
- There is a genuine employer-employee relationship between the business and the nominee (employee). Please note: the nominee (employee) cannot be employed as an independent contractor.
The employer needs to demonstrate that the position cannot be filled from the local labour market:
- Recruitment activity for the nomination position must have been undertaken within the last six months (at time of RCB advice application). Examples of acceptable recruitment activities are detailed on the document checklist. Please note: the employer must show recruitment efforts even if there is an existing employee in the nominated position.
- A recruitment activity exemption is available in the following circumstances:
- The nominated occupation is 242111 University Lecturer or a medical specialist with an ANZSCO code beginning with 253 OR
- The employer is a current DIBP approved 457 sponsor and the nominee (employee) has been working in the nominated position full time in South Australia for the employer on a valid work visa for at least twelve months.
- The terms and conditions applicable to the nominated position must be no less favourable than the terms and conditions that are or will be provided to an Australian citizen or Australian permanent resident performing equivalent work in the same workplace at the same location
- The pay provided according to these terms and conditions is considered the market salary rate for that occupation in that location
- The employment contract must comply with Australian workplace relations laws and agreements including industry awards, common law contracts and enterprise agreements i(if applicable).