AUSTRALIAN CAPITAL TERRITORY (ACT) REGIONAL CERTIFYING BODY (RCB)

Transcription

1 AUSTRALIAN CAPITAL TERRITORY (ACT) REGIONAL CERTIFYING BODY (RCB) APPLYING FOR RCB SUPPORT OF AN EMPLOYER NOMINATION REGIONAL SPONSORED MIGRATION SCHEME (RSMS) Skills Canberra September P a g e

2 Migratin Scheme (RSMS) Reginal Spnsred Migratin Scheme (RSMS) The Reginal Spnsred Migratin Scheme (RSMS) is a visa pathway fr emplyers t nminate a skilled verseas wrker t live and wrk in Australia permanently. There are three streams under this visa: Temprary Residence Transitin Stream - yu may nminate an emplyee if they have wrked fr yu in the nminated psitin fr at least three years n a subclass 457 / 882 visa. The emplyer nminatin is ldged with Department f Hme Affairs (Hme Affairs) withut input frm the Reginal Certifying Bdy (RCB). Direct Entry stream - is fr an emplyee wh has NOT wrked fr yu n a subclass 457 / 482 visa fr at least three years. Yu must seek the pinin f the lcal Reginal Certifying Bdy (RCB) abut whether the emplyer nminatin meets specific migratin requirements. The RCB in Canberra is Skills Canberra, Chief Minister, Treasury and Ecnmic Develpment Directrate, ACT Gvernment. Agreements Stream - is fr emplyees wh are spnsred thrugh a labur r reginal migratin agreement. The Agreements stream des nt require assessment by the Reginal Certifying Bdy. Abut these Guidelines These guidelines explain hw t ldge an applicatin fr RCB supprt f an emplyer nminatin under the RSMS fr a full time psitin that is lcated in the ACT. Department f Hme Affairs Criteria The rle f an RCB is t prvide advice t Hme Affairs n RSMS Direct Entry stream emplyer nminatin applicatins, using lcal area knwledge t advise Hme Affairs in relatin t the genuine need fr the nminated psitin and terms and cnditins f emplyment in accrdance with certain specified requirements. All RSMS Direct Entry stream nminatins must be accmpanied by advice frm an RCB, hwever the advice can be prvided befre r after ldgement. Hme Affairs cannt apprve a nminatin where advice frm an RCB has nt been prvided. Hme Affairs is the ultimate decisin maker n an emplyer nminatin under the RSMS. Fr further infrmatin see Hme Affairs RSMS. Rle f the Reginal Certifying Bdy (RCB) The RCB assesses infrmatin prvided by the emplyer against three criteria t frm an pinin n the nminated psitin. The three criteria are established by Hme Affairs: 2 P a g e

3 Genuine need The emplyer must shw that there is a genuine need fr the nminated psitin within the business activity f the emplyer. The nus is n the emplyer t demnstrate that: The nminated psitin is relevant t the nature and scpe f the business activities f the emplyer; and The psitin relates t a paid emplyee in a full time psitin (rather than an independent cntractr). The RCB is unlikely t accept that there is a genuine need fr the nminated psitin when the nminee is living interstate r verseas. The RCB expects the nminee t be resident in Canberra and wrking in the nminated psitin at the nminated salary. Emplyers may request a waiver f the Canberra residence criteria where the nminated psitin is highly skilled with a nminated salary that is equal r higher than the Fair Wrk High Incme Threshld (currently $145,400). Hwever, given the current Hme Affairs lng prcessing times fr RSMS nminatins, the emplyer must explain why there is a genuine need fr the emplyee when they are willing t wait fr up t tw years fr the visa t be granted. The RCB als expects that the nminee will have successfully cmpleted any prbatinary perid attached t the emplyment cntract befre applying fr RCB supprt. Psitin cannt be filled lcally The nus is n the emplyer t demnstrate that the nminated psitin cannt be filled frm the lcal labur market by meeting ne f the fllwing three ptins: The nminated ccupatin is in demand and listed as pen n the current ACT Occupatin List. Occupatins nt listed, r listed as clsed d nt meet this criteria; r The nminee has wrked full time fr the emplyer in the nminated psitin at the nminated salary fr the last three mnths befre the applicatin fr RCB supprt is ldged. Student visa hlders (with cnditin 8105) wh are wrking 20 hurs per week are deemed t be wrking full time; r If the psitin is highly skilled with a nminated salary that is equal r higher than the Fair Wrk High Incme Threshld (currently $138,900) - evidence that the emplyer has tried t fill the nminated psitin frm the lcal labur market by advertising the nminated psitin as a vacancy n a well-recgnised nline emplyment / recruitment site. The advertising must be cnducted befre the nminee is ffered the psitin. Advertisements must: Accurately reflect the duties, salary and any ther benefits f the psitin. The salary must reflect the current market rate. Be written t attract the best pssible Australian citizen / permanent residents Describe the psitin in a way that wuld nt discurage Australian Citizens r permanent residents t apply. 3 P a g e

4 Emplyment cnditins The emplyer must demnstrate that the terms and cnditins f emplyment fr the nminated psitin are n less favurable than thse f Australian citizens r permanent residents perfrming equivalent wrk in the same wrkplace. The nminated salary must be n less favurable than the relevant market salary rate. The nus is n the emplyer t include sufficient infrmatin t evidence the terms and cnditins f emplyment and market salary rate. Emplyment terms and cnditins - a cpy f the emplyment cntract fr the nminated psitin. The emplyment cntract must be current and: Offer full time emplyment in the nminated psitin; State that either the psitin is permanent and nging; r the minimum term f emplyment is at least tw years frm date f permanent visa grant; Include the name f, r reference t, a relevant fair wrk instrument that wuld apply t Australian citizens r permanent residents emplyed in the same wrkplace; Cmply with the relevant fair wrk instrument. Where n instrument exists, cmply with the Natinal Emplyment Standards; and Signed and dated by bth the emplyer and the nminee. Market Salary: the emplyer must demnstrate that the nminated salary is cmparable t the market salary rate by including the fllwing infrmatin with the applicatin: If an Australian citizen r permanent resident is emplyed in the same ccupatin in the same wrkplace, the emplyer must prvide evidence f the salary paid t that emplyee. If n Australian citizen r permanent resident is emplyed in the same ccupatin in the same wrkplace the market salary rate must be shwn by prviding infrmatin establishing lcal cnditins that affect salary. This can include infrmatin based n lcal knwledge, frm emplyer assciatins, unins and brader labur market data such as: Australian Bureau f Statistics Emplyee Earnings and Hurs Survey (available at Australian Gvernment Jb Outlk (available at Remuneratin surveys e.g. Hays: Kelly; Pay Scale; Frntline; Live Salary Jb vacancy advertisements fr a similar psitin in the ACT. Previus RSMS nminatins If the emplyer has nminated an emplyee under the RSMS within the last tw years: The emplyer is nt required t prvide a cpy f the Business Registratin; r evidence f current financial status. 4 P a g e

5 The emplyer must demnstrate t the RCB that they have cmplied with the terms and cnditins f previus RSMS nminatins by prviding: Either the payrll summary r Tw r mre recent payslips fr each RSMS nminee nminated within the last tw years; and Current rganisatin chart with names f current and previus RSMS nminee s allcated t their nminated psitin. Subclass 187 visa cancellatin RSMS (subclass 187) visas can be cancelled by Hme Affairs if the nminee: Des nt start emplyment within six mnths after visa grant. Leaves the nminated psitin within tw years f cmmencing emplyment fr reasns within the nminee s cntrl. Visas may nt cancelled if genuine effrt has been made t cmplete the cntract. The emplyer must infrm Hme Affairs if the nminee des nt cmmence r cmplete the tw year emplyment cntract. Failure t infrm Hme Affairs may impact n the emplyer s ability t meet the genuine need criteria in any future RSMS nminatins. Applying fr RCB supprt f the RSMS nminatin Cmplete the Hme Affairs nline frm e1395 Applicatin fr Emplyer Nminatin fr a Permanent Appintment under the RSMS and save as draft. Cmplete the nline applicatin Applying fr RCB supprt at Emplyers intending t ldge an applicatin fr RCB supprt must create an 'Emplyer accunt'. Migratin agents ldging an applicatin n behalf f a client must create an 'Agency accunt.' Dcument checklist Attach the fllwing dcumentary evidence t the applicatin fr RCB supprt: Hme Affairs nline frm e1395 Applicatin fr Emplyer Nminatin fr a Permanent Appintment under the RSMS. Organisatin details: (nly required if the SME emplyer has nt nminated an emplyee under the RSMS within the last tw years): A cpy f Business Registratin r Cmpany Registratin certificate shwing the Australian Business Number (nt required fr gvernment rganisatins r large enterprises). Dcuments shwing the current financial status such as prfit/lss statement, balance sheets r BAS fr the last 12 mnths (nt required fr gvernment rganisatins r large enterprises). 5 P a g e

6 Genuine need fr the nminated psitin. Include the fllwing: Statement utlining hw the psitin cntributes t business utputs. Organisatin chart shwing hw the psitin fits int the business activity; with name f nminee (and any previus RSMS nminee s) allcated t their nminated psitin (nt required fr gvernment rganisatins r large enterprises) Evidence that the nminee is wrking in the nminated psitin at the nminated salary; r evidence that the psitin is highly skilled with a nminated salary that is equal r higher than the Fair Wrk High Incme Threshld. Evidence that the nminee has successfully cmpleted any prbatinary perid attached t the emplyment cntract. Nminated psitin details and psitin duties. Include the fllwing: Duty statement shwing duties f psitin; Evidence that the psitin has existed and was previusly ccupied; r the psitin is newly created as a result f business expansin. Psitin cannt be filled lcally. Include evidence that the nminated psitin is unable t be filled frm the lcal labur market by meeting ne f the fllwing three ptins: The nminated ccupatin is in demand and listed as pen n the current ACT Occupatin List; r The nminee has been emplyed full time in the nminated psitin at the nminated salary fr the last three mnths befre date f applicatin e.g. payslips; r If the psitin is highly skilled with a nminated salary that is equal r higher than the Fair Wrk High Incme Threshld (currently $138,900): utcmes f nline recruitment campaign: Cpy f nline jb advertisement/s. Emplyer summary f dmestic recruitment effrts, and explanatin abut why an Australian citizen / permanent resident was nt selected t fill the nminated psitin. Market Salary. Include evidence that shws that the nminated salary is cmparable t the market salary rate: If an Australian citizen r permanent resident is emplyed in the same ccupatin in the same wrkplace: evidence f the salary paid t that emplyee; r If n Australian citizen r permanent resident is emplyed in the same ccupatin in the same wrkplace: the market salary rate must be shwn by prviding infrmatin establishing lcal cnditins that affect salary. 6 P a g e

7 Emplyment cntract fr the nminated psitin. The cntract must cmply with the Natinal Emplyment Standards, be signed and dated by the emplyer and nminee, and include: Base salary and ttal remuneratin package. Standard hurs f wrk per week. Leave and hliday entitlements, including but nt limited t annual, persnal, carer, cmpassinate, lng service, public hliday. Nminees are expected t have cmpleted any prbatinary perid befre an applicatin fr RCB supprt is ldged. Nminee details (the persn being cnsidered fr the psitin). Include the fllwing: Curriculum Vitae / resume. This must include the nminee s persnal details and shw all relevant training and qualificatins as well as relevant wrk experience. A cpy f the nminee s passprt bi page. Attach a cpy f the nminee s current visa grant ntificatin r VEVO. Fr bridging visa hlders, attach a cpy f the visa grant ntificatin fr the last substantive visa held. Previus RSMS nminee(s) (nt required fr gvernment rganisatins r large enterprises). Tw recent payslips t cnfirm that nminated emplyee(s) is wrking in the nminated psitin at the nminated salary. If the nminee is nt wrking in the nminated psitin, prvide a statement explaining the reasn why, and evidence that Hme Affairs have been infrmed. Frm 956 Appintment f a migratin agent (if applicable). The frm must be cmpleted and signed by the emplyer if yu are dealing with a migratin agent fr this applicatin. Service fee: $300. A nn-refundable service fee is charged fr prcessing applicatins fr RCB supprt. The service fee is an administratin charge nly and des nt guarantee the apprval f an applicatin. The service fee may be paid by ne f the fllwing ptins: Credit Card pay nw r pay later Select pay nw n the nline applicatin. Select pay later and access the Pay an ACT Gvernment Accunt frm at Electrnic Funds Transfer (EFT) pay later Transfer the fee t: Westpac Bank City Walk, Canberra, 2600 Accunt name: EDD Operating Accunt BSB: Accunt Number: Reference: Name f emplyer and applicatin reference number 7 P a g e

8 the EFT receipt and a cpy f the payment pending t: migratinservices@act.gv.au Please nte yur bank may charge a transactin fee fr prcessing the EFT. This charge must be paid by the applicant and is in additin t the service fee. Assessing applicatins The RCB will usually assess an applicatin slely n the infrmatin prvided at the time f applicatin. In sme cases, the RCB may request additinal infrmatin t determine whether the criteria are met. The RCB reserves the right t make cntact directly with the emplyer, even when a migratin agent is appinted as the authrised cntact. Prcessing time Mst applicatins fr nminatin will be prcessed within three weeks. Please d nt enquire abut the prgress f yur applicatin befre three weeks have passed. Prgress enquiries can delay applicatin prcessing. Yu may view the prgress f the applicatin thrugh the RCB supprt applicatins tab in yur agents / emplyers accunt at Ntificatin f utcme A cpy f the RCB pinin will be ed t the authrised cntact (the emplyer r the migratin agent). The ACT RCB des nt use frm 1404 t prvide RCB pinin n the RSMS nminatin. The ACT RCB ntificatin is an apprved alternative frm as prescribed by Hme Affairs legislatin. Yu must attach a cpy f the RCB pinin t the Hme Affairs nline Applicatin fr Emplyer Nminatin fr a Permanent Appintment under the RSMS. The Department f Hme Affairs is the final decisin maker n the RSMS nminatin. Yur persnal infrmatin Skills Canberra, Chief Minister, Treasury and Ecnmic Develpment Directrate, uses the applicatin frm t cllect infrmatin which is necessary t allw the ACT Gvernment t cnsider Reginal Certifying Bdy supprt f a RSMS nminatin. Fr details n the cllectin f persnal infrmatin in the applicatin frm please refer t the Canberra Yur Future privacy statement 8 P a g e

9 Cntact us Fr mre infrmatin cntact: Team leader, ACT Skilled Migratin Skills Canberra Chief Minister, Treasury and Ecnmic Develpment Directrate. Mail: GPO Bx 158, Canberra ACT 2601 Australian callers: P a g e

10 Directrate name Lng name Date P a g e