Employing workers from overseas can give your business a real advantage by introducing new ideas and technologies and meeting skill shortage requirements. In the ACT, you can recruit overseas skilled workers by either hiring skilled workers who have work rights or sponsoring an overseas skilled worker.
Hiring skilled workers with work rights
Employers can hire skilled workers from overseas who already have a valid visa to work in Australia. It is easy to check whether the overseas worker has work rights online via the Visa Entitlement Verification Online system (VEVO).
Employer nomination visa
Skilled Employer Sponsored Regional (SESR) (Provisional) visa (subclass 494) allows ACT employers to address identified labour shortages by sponsoring overseas skilled workers for a five year provisional visa.
Where an employer decides to nominate a skilled overseas worker for a SESR visa, the employer nomination must be accompanied by advice completed by a relevant Regional Certifying Body (RCB) at time of decision.
Regional Certifying Body (RCB) advice
The RCB provides advice to the Department of Home Affairs on whether the nominee for the position will be paid at least the Annual Market Salary Rate (AMSR) for the occupation.
The RCB in Canberra is Skills Canberra, which is part of the ACT Government.
Annual Market Salary Rate (AMSR)
A new market salary rate framework is in place for the SESR visa program. Where the overseas skilled worker will be paid less than $250,000, employers need to demonstrate that they have determined the AMSR .
Applying for RCB support of the SESR nomination
Complete the ACT Government’s online application:
- Employers intending to lodge an application for RCB support must create an 'Employer account'.
- Migration agents lodging an application on behalf of a client must create an 'Agency account.'
RCB Document checklist
You must attach the following documents to the application for RCB support:
- Department of Home Affairs online form: copy of the draft or submitted Record of Responses:Nomination for a Skilled Employer Sponsored Regional (Provisional) Visa.
- Market Salary: You must show that the nominated salary is comparable to the market salary rate by including the following information with the application:
- If you have a worker employed in an equivalent position and their salary is based on an enterprise agreement or industrial award, you must provide:
- The name of the agreement or award as recorded by the Fair Work Commission, where applicable.
- The salary level or occupation group that applies to the nomination.
- If you do not have a worker employed in an equivalent position but there is an enterprise agreement or industrial award:
- The name of the agreement or award as recorded by the Fair Work Commission, where applicable.
- The salary level or occupation group that applies to the nomination.
- If you do not have an equivalent worker, enterprise agreement or industrial award:
- You must determine and then show us what the ASMR is; and explain how you used relevant information to determine what the equivalent worker will be paid. Relevant information could include at least two of the following:
- Australian Government Job Outlook.
- Remuneration surveys completed from a reputable organisation.
- Job vacancy advertisements from the last six months for equivalent positions the ACT.
- Written advice from unions or employer associations.
- You must determine and then show us what the ASMR is; and explain how you used relevant information to determine what the equivalent worker will be paid. Relevant information could include at least two of the following:
- If you have a worker employed in an equivalent position and their salary is based on an enterprise agreement or industrial award, you must provide:
- AMSR statement: Attach a statement outlining the method used to determine the AMSR as outlined under the above scenarios.
- Employment contract for the nominated position. The contract must comply with the National Employment Standards .
- Nominee details (the person being considered for the position). Include the following:
- Curriculum Vitae / resume. This must include the nominee’s personal details and show all relevant training and qualifications as well as relevant work experience.
- A copy of the nominee’s passport bio page.
- Service fee: $300
Assessing RCB applications
We will normally assess the applications for RCB advice based on the information you provide. Sometimes we may contact you if we need clarification.
Most applications for RCB advice will be processed within three weeks.
Notification of outcome
We will email a copy of the RCB opinion to the authorised contact (the employer or the migration agent).
Approval:
You must attach a copy of the RCB opinion email to the Department of Home Affairs online form Nomination for a Skilled Employer Sponsored Regional (Provisional) Visa.
The ACT RCB does not use form 1404 to provide RCB opinion on the SESR nomination. The ACT RCB email notification is an approved alternative form as prescribed by Home Affairs legislation.
The Department of Home Affairs is the final decision maker on the SESR nomination.
Refusal:
We will explain the reasons why we did not support the SESR nomination, based on the documents you submitted with the application.
You can ask us to reconsider this decision if an error was made by the case officer. Any request for reconsideration must be in writing, explaining why you consider that the decision is wrong.
If we agree to reconsider the decision, we will only re-assess the original documents attached to the application. If you now have new documents to support the market salary rate you can start the process again by completing a new application for RCB support.