Joselito* is a 34-year-old motor mechanic from the Philippines. He works for Car Tune car repair in Wagga Wagga. He has been working for his employer for the last two years as a subclass 457 visa holder. Car Tune’s manager has told Joselito the company would like to sponsor him for permanent residence.
Wagga Wagga is an eligible part of Australia for the Regional Sponsored Migration Scheme (RSMS).
Joselito can lodge his application before the reforms are introduced on 1 July and be considered against the current RSMS criteria. However, both the nomination and visa application would have to be lodged on or before 30 June.
A nomination lodged before 1 July can be linked to an application lodged after the reforms are introduced: however, the visa applicant will be considered against the new direct entry stream criteria for RSMS.
Joselito and his employer will benefit from the 1 July permanent employer sponsored reforms because:
- some criteria satisfied at the standard business sponsorship stage won’t be reassessed (for example, that the business is actively and lawfully operating)
- the nomination won’t need to be ‘certified’ by a Regional Certifying Body (RCB) saving the employer time and paperwork, and
- Joselito will be considered to meet the skill requirement because he has already proven his skills.
After 1 July 2012—Temporary Residence Transition stream
Because Joselito has been working for his employer as a motor mechanic on a subclass 457 visa for the last two years, he is eligible to apply for permanent residence through the Temporary Residence Transition stream.
This provides a streamlined and simplified pathway to permanent residence for eligible subclass 457 visa holders. It is being introduced in recognition of the important economic and social contribution these skilled workers make to Australia.
The application process will continue to have two stages: the employer nomination and the visa application. However, the employer will no longer need to seek the certification of an RCB. This means the department will process these nominations much more quickly.
From 1 July, to nominate Joselito for permanent residence, Car Tune will have to meet the following criteria:
- The job or position being nominated for permanent residence is consistent with the position the person held while on their subclass 457 visa.
- The position will continue to be available to the prospective migrant for at least two years on a full-time ongoing basis.
- The terms and conditions of employment are the same as any that would apply to an Australian.
- The employer has met the subclass 457 visa training requirement
Joselito will need to meet key visa criteria, including:
- being less than 50 years of age
- having vocational English language proficiency
At 34-years-old he meets the first criterion. Joselito’s English ability would have been assessed previously for his subclass 457 visa to be granted. He would be able to reuse these results as long as they continue to be valid. From 1 July, IELTS tests results will be valid for three years, rather than the current two years.
Joselito’s skills would not need to be assessed, because he has been employed in the role for two years and Car Tune wish to continue sponsoring him.
*This case study is fictional, and is being used for illustrative purposes only.
The RSMS visa program allows Australian employers in regional and low population growth areas of Australia to nominate foreign skilled workers to fill relevant vacancies within their businesses. This visa program provides concessions for employers and visa applicants in recognition of the difficulties many regional or remote communities face when attracting skilled workers.
The family sponsored regional GSM visas are for skilled people who are sponsored by eligible family members, who are Australian citizens or permanent residents living in a designated area ofAustralia.
The affected visa subclasses are:
- Regional Sponsored Migration Scheme (Subclass 119 & 857);
- Skilled Regional Sponsored (provisional) (Subclass 475);
- Skilled Regional Sponsored (provisional) (Subclass 487); and
- Skilled Regional (permanent) (Subclass 887).
As a result, employers located inPerthwill be able to recruit and sponsor skilled workers for a greater range of occupations than currently available under the Temporary Business (Long Stay) Subclass 457 and provide Perth with broader access to migrants under other permanent skilled visa programs. This means that the whole of Western Australia will be eligible for these programs.
Australia relies on skilled migration to meet the growing demands on its health system. Our latest ImmiTV migrant profile features Andrea, a British nurse manager who immigrated to Australia with her husband, Paul, and two daughters, through the Regional Sponsored Migration Scheme (RSMS).
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While attending a Skills Australia Needs event in London, Andrea met a representative from the City of Greater Geelong Council who later helped her secure employment in the Victorian public health sector.
The family have been living in Geelong for more than a year and have thoroughly enjoyed their new life in Australia. The children have settled easily into school with one of the girls joining a local footy team. ‘She knows more about the Australian Football League (AFL) code than I do!’ laughed Paul.
They made friends through the local ‘buddy’ system established by the City of Greater Geelong’s Skilled Migration Project, where a skilled migrant family ‘adopted’ them soon after they arrived in the area, answering their many questions about life in Australia.
Andrea is now pursuing a master’s degree at university to further her career as a highly qualified public health professional.
Permanent regional migration visas, including RSMS, are afforded the highest processing priority. RSMS enables regional Australian employers to sponsor overseas skilled workers for permanent residence in Australia, filling skilled vacancies in their business where the local labour market cannot meet demand.