Step by Step: Sponsoring an Overseas Skilled Worker

Please note: Below is a brief summary only, it is NOT a complete guide and should not be used as such. If you are considering applying for a visa under the Regional Sponsored Migration Scheme, please refer to Booklet 5 "Employer Sponsored Migration" on the DIMIA website for more detailed information (www.immi.gov.au)

Employer identifies skilled full-time genuine vacancy in business that cannot be filled locally. Employer is able to offer two year full-time contract for this position.

Employer sources overseas skilled person to fill vacancy.An employer might do this in a number of ways including:

• Finding a suitable candidate on DIMIA’s Skill Matching Database (SMD)
• Listing a vacancy on www.liveinvictoria.vic.gov.au 
• Advertising on career websites or in overseas press
• Through a recruitment agency

Employer completes form 1054 ("the nomination") and submits it to the Regional Certifying Body (RCB) in their region for certification.

The employer must be able to demonstrate to the RCB that:

• There is a genuine need for a paid employee in a business that is actively and lawfully operating in regional Australia
• The position is a full-time vacancy available in a business operating in regional Australia for at least 2 consecutive years unless exceptional circumstances* apply
• The position requires qualifications equivalent to at least Australian diploma level, i.e. ASCO groups 1-4 (this includes trade certificates)
• There is, or will be, an employment contract or letter of appointment provided for the position before a nominee’s visa can be granted.

Employer forwards completed and certified form 1054 ("nomination") to DIMIA Melbourne. No fee payable.

The assessing DIMIA officer needs to be satisfied that:the nomination has been correctly certified by a Regional Certifying Body the position requires the appointment of a person who has qualifications equivalent to at least an Australian diploma level (includes trade certificates) unless exceptional circumstances* applythe position is in accordance with the standards for wages and working conditions provided for in relevant Australian workplace legislation and awards, and nothing adverse is known about the business background of the employer and that the employer has a satisfactory record of compliance with immigration and workplace relations laws.

The employer should provide DIMIA with a copy of the contract of employment, evidence that business is financially sound and can support the proposed position (eg. letter from accountant), explanation of the position and how it is relevant to business operations.

Applicant completes form 47ES ("the application") and submits to DIMIA Melbourne. Fee: $1305 if applying from outside Australia, $1935 if applying from within Australia

The assessing DIMIA officer must be satisfied:

• The applicant is able to satisfy any mandatory licensing, registration or professional membership requirements the position is for a fixed term of at least two years (supported by evidence of a contract or letter of appointment)
• The applicant and all family unit members have completed full health checks. These must be carried out by Health Services Australia (if the applicant is within Australia at time of application) or by an Australian government-approved panel doctor (if applicant is outside Australia at time of application).
• The applicant and all family unit members (aged 17 years and over) have completed police clearances for all countries they’ve lived in for 12 months of more in the last 10 years unless exceptional circumstances* apply:
  • The applicant has the relevant qualifications equivalent to at least an Australian diploma
  • The applicant is less than 45 years of age
  • The applicant has functional English language ability

* Further information about "exceptional circumstances" can be found on pages 18-20 of Booklet 5 on the DIMIA website (www.immi.gov.au)

PLEASE NOTE:

• Fees and forms are subject to change, please refer to DIMIA website for current fees and forms (www.immi.gov.au).
• Steps 4 and 5 can be completed simultaneously – i.e. the business can lodge the nomination and the application all at once.
• Electronic lodgement is not available for this particular visa.
• ASCO = Australian Standard Classification of Occupations.