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Regional Skilled Migration Scheme (RSMS)
What is the RSMS Visa?
The RSMS Visa is intended for applicants who are either
employed, or have been offered employment in regional Australia.
All areas except Sydney, Newcastle, Wollongong, Melbourne, Brisbane
and the Gold Coast are considered regional.
When Am I Eligible To Apply?
You are eligible to apply for a RSMS visa if you:
- were in Australia on 27 August 2004
- held a TPV (subclass 785) or THV (subclass 447 or 451), and
- hold either a TPV, THV or RPV at the time of application for the
RSMS visa.
- you are less than 45 years old and have functional English, or
- you have been employed in regional Australia for 12 months prior
to making your application for a RSMS visa.
When Am I Not Eligible To Apply?
You will not be eligible to apply if:
- you have had a visa refused or cancelled on grounds relating to
character or Articles 1F, 32 or 33(2) of the Refugee Convention
- your TPV or THV was cancelled, or
- you left Australia since holding the TPV or THV
- you were granted your first TPV/THV after 27 August 2004
What About My Family?
- members of your family unit may be included in an application
if they are currently in Australia.
- If you have family members outside Australia,
you must also mention them on your form, as you may be able to
sponsor them at a later time.
- Family members outside Australia will not automatically be granted
a visa if your RSMS visa is successful, but they will need to pass
health and character tests in order for you to be granted the visa.
What Forms Do I Need?
- Form
1054 to be completed by the Employer nominating you under
the RSMS
- Form
47ES to be completed by the visa applicant
- Form
47A to be completed by each child or other dependent family
member
- Form
80 Personal Particulars for Character Check (for each person
aged over 16 years included in your application for a RSMS visa)
- Form
1101 Australian Federal Police check (for each person aged
over 16 years included in your application for a RSMS visa)
- Form
1221 Additional Personal Particulars
- Form
160A X-ray (children under 11 do not need to do an X-ray)
- Form
26A medical examination
How Much Will It Cost Me?
$1845 - application fee for the primary applicant - payable
at the time the application is lodged
If you or any member of your family who are in Australia do
not have "functional English":
- $5270 – for the main applicant; and
- $2630 - for each secondary applicant
- $300 (approx.) - health tests
- $36 (for every applicant over 16 years of age) - police clearance
Please note that these fees may increase at any time. For the most
recent fees, check with the Department of Immigration, Form
999i.
How Do I Lodge My Application?
The Employer who intends to provide you with ongoing employment
must
- complete Form
1054 and lodge it, by post, fax or in person, with the nearest
Regional Certifying Body (RCB).
- The employer should provide a covering letter
stating that he is nominating a TPV/THV/RPV holder
and that the work will be ongoing
Your nomination is likely to be certified if:
- the position is nominated by a lawfully operating employer in a regional area,
- the position is a genuine one, and
- the salary and conditions comply with Australian law
If you are a TPV/THV/RPV visa holder, you will not be required
to have your skills assessed for the position.
Once the RCB has returned the certified nomination to the Employer,
he must then send the certified nomination form to:
Regional Migration Strategy Section
GPO Box 241
Melbourne VIC 3001
The Department will then make a decision to either approve or not
approve the nomination.
- If the nomination is approved, the Department will notify the
employer by sending a nomination approval letter.
- If the nomination is not approved by the Department, you can
seek review of that decision at the Migration Review Tribunal.
Your nomination is likely to be approved if:
- the position is full-time and for a period of 2 years; or
- seasonal, ongoing and consistent with work undertaken by you
over the previous 12 months. To prove that the work is ongoing,
your nominator will need to provide a letter with your form
1054 saying that the work will be ongoing.
You now complete Form
47ES and lodge it:
- with the correct application fee ($1,845);
- attach a copy of the Nomination Approval letter given to your Employer
- and send it to
Regional Migration Strategy Section
GPO Box 241
Melbourne VIC 3001
- within 6 months of the Department's approval of the nomination.
You will have to satisfy the following:
- character and security requirements
- health criteria
- If requested, provide an Assurance of Support.
Can This Visa Be Cancelled?
Yes, it can be cancelled if:
- you have not started work with the nominating employer within
6 months of being granted your RSMS visa, and
you have not proven that you made a "genuine effort" to do so;
or
- your employment with the nominated employer has been terminated
within 2 years from the date you started working with the employer,
and you have not proven that you made a "genuine
effort" to remain in that job for 2 years.
The Department of Immigration will take the following issues into
consideration when canceling the visa:
- reasons why you could not commence employment within 6 months
or remain employed for 2 years,
- including family/ personal illness, whether the termination
of your employment was unreasonable, whether the termination of
your employment was due to circumstances beyond your control,
eg a downturn in the business or bankruptcy of the business;
- hardship to you and your family if your visa is cancelled.
What If My Application is Denied?
If DIMA decides not to grant you an RSMS Visa you may seek review
at the Migration Review Tribunal – you must do this within
the required time limit.
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