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Permanent resident visa / Regional Sponsored Migration Scheme (RSMS) - Subclass 187

An RSMS visa is an employer sponsored permanent residency visa for employers wishing to sponsor highly skilled workers in low population and regional areas (such as the ACT) for a minimum of two consecutive years.

Eligibility

This visa is for employees classified as a skilled worker from overseas or skilled temporary residents currently in Australia.

To be eligible for a RSMS sponsorship the position must be:

Two application pathways

As of One July 2012, there are two streams through which a staff member can be nominated and apply for a subclass 187 RSMS permanent resident visa: 

Direct Entry stream

This is the default application stream for new ANU employees or employees with less than two years service at ANU preceeding RSMS nomination.  The full nomination and application process is applicable.

Temporary Residence Transition stream

This stream is aimed at existing subclass 457 visa holders who have worked at ANU for the last two consecutive years preceding RSMS nomination and the position is available for at least a further two years and the applicant meet the Department of Immigration & Citizenship's health, English and character requirements. The advantages of this application stream is that the occupation does not need to be certified and less stringent criteria apply to the applicant.

Applicant visa criteria

 

Age

Direct Entry stream 

Less than 50 years of age

Exemptions:

  • Senior Academic who is to be employed at an Academic Level B,C,D or E as a University Lecturer (ANZSCO 242111) or Faculty Head (ANZSCO 134411)

Temporary Residence Transition stream

Less than 50 years of age

Exemptions:

  • Senior Academic who is to be employed at an Academic Level of B,C,D or E as a University Lecturer (ANZSCO 242111) or Faculty Head (ANZSCO 134411).
  • a Temporary Residence Transition stream applicant employed at ANU for the last four years and paid at least the Fair Work High Income Threshold (currently AUD123,300)
 

English

Direct Entry stream

Minimum IELTS score of six in each test component

Exemptions:

  • passport holder of UK, USA, Canada, Ireland, NZ
  • minimum score of 'B' in each component of OET).
 

Temporary Residence Transition stream

Minimum IELTS score of five in each test component

Exemptions:

  • passport holder of UK, USA, Canada, Ireland, NZ
  • minimum score of 'B' in each component of OET).
  • Completed five years of full-time study where all tuition was delivered in English
 
 

Skills

Direct Entry stream

Relevant qualification and work experience as specified by ANZSCO for nominated occupation.

Visa applicant in trade occupations at skill level three with an overseas qualification will need a skills assessment by an assessing authority.

Temporary Residence Transition stream

Formal skills assessment not required because skills have already been proven as a holder of a subclass 457 visa.

 

Occupation

Direct Entry stream

ANZSCO skill level one to three

Temporary Residence Transitions stream

The position should match or closely align with the nominee's subclass 457 occupation (same 4 digit unit group occupation code).

 

Salary

Direct Entry stream

The same salary, employment terms and conditions that would be given to an Australian in the same role- a market salary with the legal award as the minimum.

Temporary Residence Transition stream

The same salary, employment terms and conditions that would be given to an Australian in the same role- a market salary with the legal award as the minimum.

 

Training

Direct Entry stream

No training requirement

Temporary Residence Transition stream

Training requirements met for subclass 457 visa sponsorship stage

 

Sponsoring an applicant

An RSMS visa nomination check-list (PDF, 171KB)  is available to assist HR practitioners

The RSMS application process

The RSMS application process consists of three steps:

  1. Employer applies for ACT government certification of the occupation
  2. Employers submits notification to DIAC
  3. Employee submits visa application to DIAC

Step one - Employer applies for ACT government support of the nomination

For Direct Entry stream applicants, the ANU first has to apply to the Regional Certifying Body (RCB) for support of the RSMS nomination. The ACT Government is the RCB for positions which will be located within the ACT.

Applications submitted through the Temporary Residence Transition stream does not require this step (please check that the application is eligible to be submitted through this stream).

To apply for ACT government support:

  1. complete (but not yet lodge) the online RSMS nomination form and save a PDF copy of the completed nomination form
  2. complete the online application for ACT support of the nomination at Canberra Your Future, and pay the service fee ($300)
  3. attach the following documents to the online RCB application form:
  • copy of completed DIAC nomination form
  • copy of signed employment contract
  • printout of ANU employment conditions on working hours, salary and leave entitlements (PDF, 293KB)
  • applicant's CV or resume
  • copy of passport biodata page and any Australian visas for main applicant and dependants
  • position Description and Advertisement
  • statement on how position contributes to business outputs
  • copies of applicant's qualifications and professional registrations
  • evidence that previous RSMS nominees are currently working in the nominated position at the nominated salary e.g. payslips.

A copy of the RCB opinion will be emailed to the contact officer (HR practitioner lodging the RCB application).

A copy of the RCB opinion letter must be attached to the DIAC nomination form (see step two) .

Detailed information about obtaining ACT government support for a nomination is available on the Canberra your future website.

Step two - Employer submits nomination to DIAC

The University receives priority consideration of its RSMS nominations from DIAC.

For Temporary Residence Transition stream applicants, the HR practitioner can proceed directly to nomination stage as ACT certification of the position is not required. Ensure that the position's ANZSCO code in the nomination matches the ANZSCO code of the occupation specified in the 457 visa nomination.

For Direct Entry stream applicants, the HR practitioner can lodge the nomination once the ACT government has issued the letter of RCB support.

Complete the online nomination form on the DIAC website and attach the ACT support letter (if nominating a Direct Entry stream applicant) as well as the supporting documentation listed on the RSMS Visa Nomination check list (PDF, 1.7MB)

Where requested, fill in the following information on the DIAC online nomination form:

  • date established or commenced trading in Australia: 1 August 1946
  • industry type: Education and Training
  • registration identifier: ABN- 52234063906
  • employment and training details: Please quote the figures in the fact-sheet

DIAC does not charge a nomination fee for RSMS nominations. Once the online application has been completed in full and all supporting documents uploaded as attachments, lodge the application.

The HR practitioner that has submitted the sponsorship will be forwarded the initial approval. This approval should be forwarded to the applicant so they can submit a visa application.

Step three - Employee submits visa application to DIAC

Once the employer nomination is approved by DIAC, the applicant must lodge the RSMS visa application within six months of the nomination approval date.

The application can be lodged in or outside Australia. The applicant must pay the initial application charge by credit card at the time of lodging the application.

A second charge, that applies only to applicants and dependants aged 18 years or over with less than functional English, is payable before a visa can be granted.

The current visa charges are available on the DIAC website

The online application form and visa checklist is available from the DIAC website

Time-frames

The average processing time for deciding a visa application is around six months as published in the DIAC client service charter.

Full applicant information is available in DIAC Booklet 5 from the Department of Immigration and Citizenship website.

Notice: Visa applicants and HR practitioners are advised to consult the DIAC website for complete and up-to-date visa information. The information presented on the ANU website is intended as a guide only for ANU HR practitioners and is not formal advice to visa applicants.

RSMS sponsorship obligations

Cessation of employment

It is a condition of the RSMS that sponsored visa holders are employed on a full time basis for a minimum of two years. If a sponsored employee ceases employment with the University prior to completing two years of service, the University must advise Department of Immigration and Citizenship (DIAC) within ten working days.

The Recruitment and Appointments branch in the Human Resources Division generates a report from the Human Resource Management System (HRMS) prior to every pay run to identify sponsored employees ceasing employment in the next pay period. The Recruitment and Appointments branch then notifies DIAC of the employment cessation.

To assist the Branch with this procedure it is essential that HR Practitioners:

  1. enter a termination row in the HRMS as soon as a resignation has been received
  2. advise the Recruitment and Appointments branch of any cessation of any staff member who is holding a visa sponsored by ANU via email ASAP
  3. ensure the visa data panels in the HRMS are completed and updated as required.

Responsibilities of the HR Practitioners

Listed below are the key responsibilities of HR Practitioners in relation to the above sponsorship undertakings.

Prior to commencement of employment

  • Ensure visa requirements are detailed in the offer of employment
  • Ensure visa sponsorship details are recorded in the visa data panels in the HRMS and placed on the personal file
  • Ensure details of the visa (once it has been granted) are recorded in visa data panels in the HRMS and a copy of the visa is placed on the personal file

At the cessation of employment

  • Enter a termination row in the HRMS as soon as a resignation has been received or a termination date has been confirmed
  • Advise the appropriate Recruitment and Appointments branch member via email ASAP of any cessation of staff member who is on a RSMS visa that has not completed two years with the University. (The University must notify DIAC of the cessation within ten working days).
     

Updated:  12 September 2012/Responsible Officer:  Director, Human Resources/Page Contact:  HR Web Information Coordinator