Regional Certification Agencies
Before the government may approve an employer nomination under the Regional Sponsored Migration Scheme Direct Entry stream, Regional Certifying Bodies must offer advise on the nomination.
An organisation that has been given the Minister for Home Affairs’ approval for this use is referred to as a certifying body.
Related: 494 Visa Comparison – Pathway to Permanent Residency – Regional Certifying Bodies
For the Regional Sponsored Provisional Regional 494 visa, for instance, Immigration SA is the RCB in South Australia that offers advice for direct entrance nomination applications.
You must show that:
Genuine Need
- .Give a brief explanation of how the nominated position benefits the company:
- Why no consideration was given to current part-time and seasonal workers for the open post
- Whether the post was recently founded or created, or whether it became available due to a staff member’s resignation.
- Give justification for the need for a new position, if one has just been created. This could be:
- growth in demand one or more of the following documents to your uploads:
- Business Activity Statements (BAS) for the same time period for two consecutive financial years (within the last three years) OR Profit & Loss Statements for two consecutive years (within the last three years)
- Evidence of the overtime performed by currently employed individuals in the same occupation, such as copies of paystubs
- Historical and current advertisements or other business information that demonstrates the change in opening hours are evidence of the new hours.
- growth in demand one or more of the following documents to your uploads:
Related:
- 494 visa
- 494 occupations
- Regional Certifying Bodies
- 494 visa exemptions
- 494 visa assessment
- 494 work experience requirements
In a position to be filled locally
The online application form requires the following details:
- a list of the qualifications and experience needed for the job.
- Justification for not selecting any Australian citizens or legal residents for the role.
- Information on the recruitment process:
- Evidence of the job posting and the payment receipts for the recruiting effort. The media platform that was used or, if appropriate, a recruitment agency may be the source of the payment receipt.
- The month and year that the advertising ran (it had to run within the previous six months).
- where the advertisement ran, such as in The Advertiser’s Saturday edition, Seek, or a local publication that was relevant.
- The length of the advertisement (at least two weeks).
- The quantity of applications that were submitted, shortlisted, and interviewed.
The following is an illustration of the kinds of hiring procedures that most firms would use as a bare minimum to fill a skilled position on the local labour market.
Employment terms and conditions
- If the nominee is known, their personal information is as follows:
- Subclass of visa (if applicable).
- Dependents in number
- If you employ Australians in comparable roles:
- To prove that the employment circumstances, including the pay, of the nominated position are comparable to those of Australian workers, provide documentation of employment contracts or payslips for Australians in equivalent roles.
- If you don’t hire Australians in comparable positions:
- Describe the study that was done and the data that was used to demonstrate that the nominated position’s remuneration is in line with market rates. You might include information on wage ranges, earnings statistics, job adverts for comparable positions, Enterprise Bargaining Agreements (EBA), awards, or common law employment contracts, for instance. Give detailed citations for any sources that were used to calculate the market salary.
Upload a contract of employment that complies with the following specifications:
- preferably written on letterhead from the employer.
- Provide complete information about the contract’s parties (the employer listed on the application must correspond to the company listed on the ABN register). If this is not the case, then documentation must be provided to prove the connection between the named employer and the company. For instance, a trust deed would be necessary for the trustee of a trust (just the parts of the deed documenting the parties and signatories recording the foundation of the trust need to be lodged).
- the nominee’s (the employee’s) full name and address, if available.
- Dated and signed by both parties (the employer and, if applicable, the nominee (employee))
- The position title and the nominated occupation must be identical (it is permitted to use the position title’s internal terminology in brackets after the nominated occupation’s title).
- Verify the length of employment (at least two years must pass between applications and hiring).
- Clearly state the normal working hours and what additional compensation is due for any hours worked past the normal, reasonable working hours.
- Describe the base pay. Give the award, classification, and corresponding pay point (if any) that it falls under.
- Please make sure that any laws, judgements, or other authorities you cite are up to date and properly cited.