Information For Employers (187)

Do you have roles you just can't fill?

Regional Development Australia Orana can assist regional employers wishing to sponsor skilled workers into positions which cannot be filled using the local labour market. This is under the Regional Sponsored Migration Scheme visa (subclass 187).

RSMS enables employers in regional areas of Australia to sponsor employees who are foreign nationals with specific skills, to obtain a permanent work visa. The Regional Sponsored Migration Scheme visa (subclass 187) is utilised to enhance Australia's ability to compete globally and guarantee an overall net benefit to the Australian economy.

Our role is to provide advice to Department of Immigration and Border Protection on the suitability of the position nominated to be filled by a skilled migrant under the Direct Entry Scheme. The certification of the position is assessed against the following criteria:

  1. There is a genuine need for the nominator to employ a paid employee to work in the position under the nominator's direct control;
  2. The terms and conditions of employment applicable to the position will be no less favourable than the terms and conditions that are provided to, or would be provided to, an Australian citizen or permanent resident for performing work in the person's workplace at the same location; and
  3. The position cannot be filled by an Australian citizen or permanent resident who is living in the same local area where the nominated position exists.

The position to be filled must also be in an occupation as specified by legislative instrument IMMI 15/083 (https://www.comlaw.gov.au/Details/F2015L01018) and IMMI 15/109 (https://www.comlaw.gov.au/Details/F2015L01148) with lists certain occupations at ANZSCO skill level one, two, or three.
RDAO only provides information on how to obtain regional certification. For information on the other steps to apply as a sponsor/for this visa please visit the Department of Immigration and Border Protection’s website.
To apply, please provide the documents listed below as well as,

  • Proof of payment. The current assessment fee is $660 (including GST). We will not begin processing your application until all fees and charges have been paid. You can pay here.
  • Completed Form 1404.
  • Completed Form 956 (if using a migration agent).

Documents for all employer nominations

  • Employment contract for a full-time ongoing position for at least two years indicating the base salary, the total remuneration and terms and conditions of employment.
  • If there are Australian citizens or Australian permanent residents performing equivalent work in the nominator’s workplace at the same location:
    • appropriate references to or copies of certified agreements
    • appropriate references to or copies of industrial awards or Enterprise Agreements
    • copies of relevant employment contracts, payslips or PAYG certificates
  • If there are no Australian citizens or Australian permanent residents performing equivalent work in your workplace at the same location:
    • appropriate references to or copies of certified agreements
    • appropriate references to or copies of industrial awards or Enterprise Agreements
    • appropriate references to or copies of remuneration surveys
    • similar job vacancy advertisements
    • appropriate references to the Australian Government’s Job Outlook
    • appropriate references to the Australian Bureau of Statistics Employee Earnings and Hours Survey
    • written advice from employer associations and unions
    • a statement detailing how the attached evidence was used to determine the terms and conditions of employment (including the salary package) being offered to the nominee
    • audited balance sheet (statement of position) for the most recently concluded fiscal year with comparative figures for previous fiscal year, and profit and loss statement (statement of performance) for the most recently concluded fiscal year with comparative figures for the previous fiscal year; or
      • business tax returns for the most recently concluded fiscal year and associated tax assessment notice; and
      • if the fiscal period to which the financial statements or tax returns submitted relate ended more than three months before the application was lodged – a business activity statement (BAS) for each complete quarter between the end of the fiscal period and the date of application lodgement
    • if you are a start-up business (a business that has been operating less than 12 months), you must provide:
      • business activity statements (BAS) for each complete quarter from commencement of operations to time of lodgement of the nomination; and
      • statements for the business bank account for the period from commencement of operations to time of lodgement of the nomination.

Documents for Direct Entry employer nomination

  • Evidence that the business is actively and lawfully operating:
    • Certificate of registration for tax purposes (ABN) for all businesses
    • Certificate of registration of business name (if operating under a trading name)
    • Certificate of registration with ASIC (if a company)
    • Relevant pages of the trust deed specifying the parties to the trust (for a trust) Current lease agreement
    • Letter of support from accountant of the business
    • Audited balance sheet (statement of position) for the most recently concluded fiscal year with comparative figures for previous fiscal year, and profit and loss statement (statement of performance) for the most recently concluded fiscal year with comparative figures for the previous fiscal year; or
      • business tax returns for the most recently concluded fiscal year and associated tax assessment notice; and
      • if the fiscal period to which the financial statements or tax returns submitted relate ended more than three months before the application was lodged – a business activity statement (BAS) for each complete quarter between the end of the fiscal period and the date of application lodgement
  • If you are a start-up business (a business that has been operating for less than 12 months), you must provide:
      • business activity statements (BAS) for each complete quarter from commencement of operations to time of lodgement of the nomination; and
      • statements for the business bank account for the period from commencement of operations to time of lodgement of the nomination.
  • Need for a paid employee:
    • detailed organisational structure chart
    • detailed position description including specified tasks and duties of the position
    • as applicable
      • evidence that the position has existed and been previously occupied but has become vacant through attrition
      • evidence that the position is currently occupied by a temporary resident
      • evidence of an increase in business activity (e.g. new contracts won) requiring workers in the nominated occupation
      • evidence of overtime work or increase in overtime work for employees currently in the nominated occupation
      • if the business is diversifying, evidence of appropriate market research, business plans detailing proposed expansion and timelines, financial budgets covering expenditure and anticipated revenue and evidence of availability of funding (such as own funds or bank loans).
  • Regional Certifying Body advice:
    • Evidence that a Regional Certifying Body (RCB) has considered your application and provided their advice on whether or not specific criteria have been satisfied, and this advice is not more than three months old at the time of lodging your application.  This advice must be:
      • completed on Form 1404 by the RCB; or
      • completed on an RCB-specific form by the RCB.