RCB application requirements

The Employer Sponsored stream visa includes (but is not limited to) the following requirements:

• Be a standard business sponsor or have applied to become one

• Demonstrate a genuine need for a paid employee to fill a skilled position

• Offer a genuine, skilled position that is full-time and likely to exist for at least five (5) years
  (The five-year period is calculated from the date the Department of Home Affairs grants the SESR provisional visa to the nominee)

• Offer a salary that meets market rate requirements

• Ensure the nominee’s annual salary is no less than the Temporary Skilled Income Migration Threshold (TSMIT)

• Provide employment terms and conditions consistent with those offered to Australian citizens or permanent residents in similar roles

• Comply with all relevant Australian immigration and workplace relations laws

• Nominate an occupation listed on the Australian Government’s eligible occupation lists

Department of Home Affairs criteria for an employee applying for a SESR Employer Sponsored stream visa includes (but is not limited to):

• Qualifications and skills relevant to the nominated occupation

• At least three (3) years of employment in the nominated occupation

• A positive skills assessment from the relevant assessing authority

• Competent English in each band

Please note: This is a summary only. Full criteria are available on the Department of Home Affairs website.

Skilled and Business Migration provides advice to the Department of Home Affairs regarding the market salary rate for the nominated position.

• The annual salary must meet the Annual Market Salary Rate

• The nominee’s salary must also meet or exceed the Temporary Skilled Income Migration Threshold (TSMIT)

• Both the employer and employee must meet all Department of Home Affairs criteria for the Skilled Employer Sponsored Regional (subclass 494 – Employer Sponsored stream) visa

• RCB advice is issued once per employer nomination application lodged with the Department of Home Affairs (for the same position and nominee).

• Familiarise yourself with the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)

• Ensure you meet all visa requirements set by the Department of Home Affairs

• Be a standard business sponsor or have applied to become one at the time of application

• Prepare all documentation required by Skilled and Business Migration before applying

• Refer to the RCB Advice Checklist for full details in the Supporting Documentation and Business Details section below
  

Once you meet the criteria and have prepared the required documentation:

• Submit an RCB advice application via the Skilled and Business Migration Portal
  

• Lodge an employer nomination application with the Department of Home Affairs

Note:
RCB advice may be requested before or after lodging an employer nomination application. Department of Home Affairs policy requires that RCB advice be issued within the last three months.

• If the employer nomination is approved, the employee must then lodge a subclass 494 visa application with the Department of Home Affairs

• Once assessed, you will receive a copy of the RCB advice (Form 1404) to submit with your SESR nomination application

• If the application does not meet the criteria, you will receive Form 1404 with a summary explaining the reasons for the outcome

• A ‘not satisfied’ RCB outcome does not prevent you from lodging an employer nomination with the Department of Home Affairs

• Department of Home Affairs will consider both the RCB advice and the information provided in the employer nomination

• RCB advice is valid for three (3) months from the date of issue

Important:
It is unlawful to ask for, offer, or receive any benefit in exchange for visa sponsorship. Sponsors and visa holders may face civil and criminal penalties for breaches of the law.

All documents must be colour-scanned copies of original documents.

• Standard Business Sponsor (SBS) approval from the Department of Home Affairs, or evidence of application

• Organisational chart including:

• Business name

• All positions and titles (including the nominated position)

• Reporting lines

• Employment status for each role (full-time, part-time, casual)

Note:
Businesses with 25 or more employees only need to provide an organisational chart for the relevant division. Clearly identify South Australian-based employees.

• Role statement for the nominated position

• Evidence used to determine market salary (e.g. salary guides, earnings data, job advertisements, URLs)

• Employment contracts and payslips for Australian workers in equivalent roles (if applicable)

• Employment contract that meets the published guidelines

You will need to provide the following general information relating to your nomination.

• ANZSCO (Australia and New Zealand Standard Classification of Occupations) code for the nominated occupation. The nominated occupations must be on the applicable list. NOTE: It must be a full-time position (in the nominees nominated occupation) based in South Australia and likely to exist for at least five (5) years.

• Transaction Reference Number if you have already lodged a nomination application with the Department of Home Affairs.

• Migration Agent Registration Number (MARN) if you are represented by a Migration Agent.

You will need to provide the following information relating to your business:

• Australian Business Number (ABN) - The business name in the online application and the details on the ABN Lookup must be an exact match. NOTE: All supporting documents must be in the same business name as the registered business name on ABN Lookup. If the business name is different in the supporting documents, you will need to show evidence of the connection between the nominating business and the related business.

• Provide a description of the business in the relevant fields of the application form (maximum 500 characters for each question):

• How long the business has been operating

• The nature of the business and what its business activities are

• The business products or services provided

• The types of jobs/positions required in the business.

• A description demonstrating how the nominated position contributes to the business (maximum 500 characters)

• A description of the skills and experience required for the position (maximum 500 characters).

• Personal details of the nominee (if nominee is known):

• Current visa subclass (if applicable)

• Home Affairs visa grant notice for current visa (if applicable)

• Number of dependents

• Details of award, Enterprise Bargaining Agreement (EBA) or common law contract (depending on which is applicable)

• Provide a description of the research undertaken and the information used to determine that the salary for the nominated position is at the market salary rate

Upload an employment contract which meets the following guidelines:

• Preferably written on the employer’s letterhead.

• Accurately detail the parties to the contract (The employer detailed in the application must be the business detailed on the Australian Business Number (ABN) register. Where this is not the case, documentary evidence must be submitted to establish the relationship between the employer named and the business. For example, for the trustee of a trust, a trust deed would be required –only those parts of the deed recording the establishment of the trust, the parties and signatories, need to be lodged).

• If known, the nominee’s (employee’s) full name and address.

• Dated and signed by both parties (employer and nominee (employee), if known).

• The position title must be the same as the nominated occupation (It is acceptable for the internal terminology of the position title to be included in brackets after the title of the nominated occupation).

• Confirm the employment duration (the position must be full-time and available for at least five years).

• Clearly detail the ordinary hours of work and what additional remuneration applies to any hours worked above reasonable ordinary hours of work.

• Detail the base salary: Include the award, classification and relevant pay point it falls under (if applicable).

• Please ensure any legislation / awards / authorities you refer to are current & clearly referenced.

• If there is an Enterprise Agreement in place, you need to provide the reference number and full title of the agreement as issued by the Fair Work Commission.

• Include superannuation entitlements (minimum 12% of an employee’s ordinary time earnings).

• Include all the minimum workplace entitlements detailed in the National Employment Standards (including leave entitlements and all other minimum entitlements).

The Fair Work Information Statement

Under the Fair Work Act 2009, employers must give every new employee a copy of the Fair Work Information Statement (FWIS) “before, or as soon as practicable after, the employee starts employment”.

• If the employee has commenced working in the nominated position, the RCB requires a statement, signed by both parties, to demonstrate that the employee has received a copy of the FWIS.

• If the employee hasn’t commenced working in the nominated position or the details of the employee are not known, the RCB requires a statement from the employer confirming that they will provide a copy of the FWIS to the employee before, or as soon as practicable after, the employee starts employment.

• Either of these statements can be contained in the employment contract or submitted as an additional document. It is not sufficient to lodge a copy of an unsigned FWIS with the application.

PLEASE NOTE: The above information provides a guide of what to include (at minimum) in the employment contract. The Department of Home Affairs assesses the terms and conditions of employment as outlined in the employment contract. An RCB advice application which is “satisfied” is not an endorsement that the employment contract complies with the relevant workplace relations laws. It is the employer’s responsibility to ensure they comply with these laws.

If you are having difficulty navigating these processes, you can seek immigration assistance from a third party who can help you understand all requirements and options available to you. To learn more visit our Getting help with your visa or nomination page.