In the Grampians region the City of Ballarat is the Regional Certifying Body for assessing employer nominations sponsoring skilled migrants for permanent residency. Council has an electronic system to reduce time spent on this process by employers.
The Grampians region geographically covers the local government areas of the City of Ballarat and the shires of Hepburn, Pyrenees, Moorabool and Golden Plains.
The following information is provided to assist employers sponsoring skilled migrants for permanent residency. The information below relates to the process of gaining approval from the Regional Certifying Body.
1. Genuine need for a paid employee in the position as nominated.
Attach a broad organisational structure which indicates where this position sits within the organisation. (Note include full time, part time, casual, apprentices, trainees and volunteer staff )
Attach a position description
Attach a letter of offer or employment contract– (draft letter if the nominee is not yet known)
Attach a statement to indicate why the position has become available AND why the position is necessary for the business to operate effectively.
2. Evidence that the position cannot be filled by an Australian citizen or permanent resident who is living in the same local area where the nominated position exits.
Attach evidence of labour marked testing undertaken within the last six months. Evidence can be copies of prominent advertisements distributed both locally and nationally. These may include newspapers, trade papers, industry newsletters, recognised on-line job vacancy sites, radio programs and websites. Social media is not an accepted method ie. Facebook/Gumtree. **At least three such examples from three professional media sources must be provided. Advertisements must include the business name, salary and a position description.
3. That the Annual Market Salary Rate (AMSR) has been determined for the nominated occupation and the nominated person will not be paid less than this amount. The AMSR is what an equivalent Australian worker does earn, or would earn working in the same occupation.
If there is an equivalent Australian worker, the AMSR will be the same as this employee. If the salary is based on an enterprise agreement or industrial award, provide the name of the agreement or award as recorded by the Fair Work Commission (salary level/occupation group must be specified). If there is no relevant agreement or award applicable to the Australian worker, or the Australian employee is paid above the award rate, provide copies of relevant employment contracts and payslips for this employee
If there is no equivalent worker and the salary is based on an enterprise agreement or industrial award, the name of the agreement or award must be provided (including the salary level/occupation group that applies). If there is no relevant agreement or award, provide evidence of how you have used relevant information to determine what the equivalent worker would be paid. Must include at least two of the following: - Job Outlook information - Advertisements from the last six months for equivalent position in the same location - Remuneration surveys from a reputable organization - Written advice from unions or employer associations
4. Additional requirements for a new business actively operating less than 12 months:
Attach a copy of ABN certification and registration with ASIC
Evidence of lease or purchase of building and equipment
Evidence of availability of funding
Photos of business premises outside and inside
5. Note: Changes from 1 July 2017 for RSMS Visa:
Occupations lists: The STSOL will be further reviewed based on advice from the Department of Employment. The Medium and Long Term Strategic Skills List (MLTSSL) will be revised based on outcomes from the Department of Education and Training’s 2017-18 Skilled Occupations List (SOL) review.
English language requirements: A requirement of an International English Language Testing System (IELTS) (or equivalent test) score of 6 in each component.
Age: A maximum age requirement of 45 at the time of application will apply to Direct Entry stream applicants. A maximum age requirement of 50 at the time of application will continue to apply to Temporary Residence Transition stream applicants.
6. Note: Changes by December 2017 for RSMS Visa:
The Department of Immigration and Border Protection (the Department) will commence the collection of Tax File Numbers for these visa holders, and data will be matched with the Australian Tax Office’s records to ensure that visa holders are not paid less than their nominated salary.
The Department will commence the publication of details relating to sponsors sanctioned for failing to meet their obligations under the Migration Regulation 1994 and related legislation.
7. Note: Changes from March 2018 for RSMS Visa:
For RSMS visa: The MLTSSL will now apply, with additional occupations available to support regional employers for the RSMS.
Minimum market salary rate: Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold.
Residency: The permanent residence eligibility period will be extended from two to three years.
Work experience: At least three years’ relevant work experience.
Age: All applicants must be under the maximum age requirement of 45 at the time of application.
Training requirement: a strengthened training requirement for employers to contribute towards training Australian workers.