SA Regional Certifying Body

Regional Certifying Body Role

The role of a Regional Certifying Body (RCB) is to provide advice to the Department of Home Affairs on SESR nomination applications for the Employer Sponsored stream. Employer nominations must always be considered by an RCB located in the same state where the nominated position exists. 

If you are a local business seeking to sponsor a migrant on this visa, you must lodge an application with Skilled & Business Migration for Regional Certifying Body advice. 

To qualify for the Skilled Employer Sponsored Regional (subclass 494 – Employer Sponsored stream) visa, the employer and employee must meet all the Department of Home Affairs' criteria. 

Skilled and Business Migration will only provide RCB advice once per employer nomination application lodged with the Department of Home Affairs (applications for the same position with the same nominee).

How to Apply

Once you have ensured you meet all the criteria, and prepared all documentation required for your application:

1. Submit an RCB advice application via the Skilled & Business Migration portal.
   
   Ensure that you (the employer) meet the requirements for RCB advice applications and that you have all the documentation to complete Skilled & Business Migration’s online application.
    
2. Lodge an employer nomination application with the Department of Home Affairs
   
   NOTE: It is your decision whether you apply for RCB advice before or after lodging an employer nomination application with the Department of Home Affairs. When you lodge an employer nomination, it is Department of Home Affairs policy that the RCB advice must have been issued within the last three months.

1. If the Department of Home Affairs approves the employer nomination, the employee will then need to lodge a subclass 494 visa application with the Department of Home Affairs. For more details on this process, please see the Department of Home Affairs website.

Application Outcomes

You will receive a copy of the RCB advice (Form 1404) to provide to the Department of Home Affairs with your SESR nomination application.

For not satisfied applications, you will receive the RCB advice (Form 1404) with a summary of the reasons for the negative assessment advice. A not satisfied RCB outcome does not prevent you from lodging an employer nomination application with Department of Home Affairs and you can provide additional information to Home Affairs. Department of Home Affairs will consider both the RCB advice provided and the information supplied in the employer’s SESR nomination application. 

RCB advice is valid for three months from the date the advice is issued.

Please note: The paying for visa sponsorship framework introduces new laws that allow the Department of Home Affairs to take action in instances where this conduct is identified or suspected. On 14 December 2015 new criminal and civil penalties and visa cancellation provisions were introduced as part of the framework. This allows for sanctions to be imposed on a person who asks for, receives, offers or provides a benefit in return for a visa sponsorship or employment that requires visa sponsorship (otherwise known as a 'sponsorship-related event').

Online Application: Start an Application

Please review the Annual Market Salary requirements below and the document checklist before applying to Skilled and Business Migration for RCB advice.

Annual Market Salary Rate

The annual salary is no less than the Annual Market Salary Rate. 

PLEASE NOTE: Skilled & Business Migration will provide advice to the Department of Home Affairs on the market salary rate. In addition to the market salary rate requirement, the Department of Home Affairs require the nominee’s annual salary is no less than the Temporary Skilled Income Migration Threshold (TSMIT) .

Documentation Checklist
All documents uploaded must be colour scanned copies of genuine originals.

You will need to prepare the following general information relating to your nomination:
 

• ANZSCO Code
  The ANZSCO (Australian and New Zealand Standard Classification of Occupations) code for the nominated occupation. The nominated occupations must be on the applicable list.
  
  NOTE: It must be a full-time the position (in the nominees nominated occupation) based in South Australia and likely to exist for at least five (5) years.

• Transaction Reference Number (if applicable)
  If you have already lodged a nomination application with the Department of Home Affairs, please have your Transaction Reference Number (TRN) ready. 

• Employer Nomination Application
  Provide a copy of the employer nomination application confirmation from the Department of Home Affairs.
• Migration Agent Registration Number (if applicable)
  If you are represented by a Migration Agent, you will also need your Migration Agents Registration Authority (MARA) number.

You will need to prepare the following information relating to your business: 
 

• Australian Business Number (ABN) 
  Provide the ABN for the nominating business. The business name in the online application and the details on the ABN Lookup must be an exact match.
  
  NOTE: All supporting documents must be in the same business name as the registered business name on ABN Lookup. If the business name is different in the supporting documents, you will need to show evidence of the connection between the nominating business and the related business.
   
• Business Description
  Provide a description of the business in the relevant fields of the application form (maximum 500 characters for each question):
   
  • How long the business has been operating
  • The nature of the business and what its business activities are
  • The business products or services provided
  • The types of jobs/positions required in the business.
     
• Organisational Chart
  Upload an organisational chart that outlines the positions in the business including:
   
  • The name of the business
  • All positions and titles (including the nominated position)
  • Reporting lines within the business (include all positions related to the nominated position)
  • Employment status for all positions (part-time/full time/casual)
    
    PLEASE NOTE:
    - Organisations with 25 or more employees only need to submit an organisational chart for 
    the division of the business in which the nominated position is to be employed (including 
    the details above) 
    - Clearly delineate between employees based in SA and elsewhere within the business.
     
• Position Contribution to Business
  Provide a description demonstrating how the nominated position contributes to the business (maximum 500 characters)
   
• Skills & Experiences Requirements
  Provide a description of the skills and experience required for the position (maximum 500 characters)
   
• Role Statement
  Provide a copy of the role statement for the nominated position.

Personal details of the nominee (if nominee is known):

• Visa subclass (if applicable)
• Home Affairs visa grant notice for current visa (if applicable)
• Number of dependents

Details of award, Enterprise Bargaining Agreement (EBA) or common law contract (depending on which is applicable).

• Award details

• • Title of the Award
  • Classification level of the Award
  • Provide a copy of the relevant Award

OR

• Enterprise Bargaining Agreement (EBA)

• • EBA title (as assigned by the Fair Work Commission)
  • Provide a copy of relevant pages of the EBA covering wages and salaries (include the title page of the EBA)

OR

• Common Law Contact
  • Provide a description of the research undertaken and the information used to determine that the salary for the nominated position is at the market salary rate
  • Provide copies of authorities relied upon to determine the salary. For example: salary guides, earnings data or advertisements of similar jobs, Provide specific URL website references to any sources used to determine the market salary
  • If you employ Australian workers in equivalent positions: Provide a copy of employment contracts and payslips for any Australian workers in equivalent positions in the same workplace.

Employment contract guidelines

Upload an employment contract which meets the following guidelines:

• Preferably written on the employer’s letterhead.
• Accurately detail the parties to the contract (The employer detailed in the application must be the business detailed on the Australian Business Number (ABN) register. Where this is not the case, documentary evidence must be submitted to establish the relationship between the employer named and the business. For example, for the trustee of a trust, a trust deed would be required –only those parts of the deed recording the establishment of the trust, the parties and signatories, need to be lodged).
• If known, the nominee’s (employee’s) full name and address.
• Dated and signed by both parties (employer and nominee (employee), if known).
• The position title must be the same as the nominated occupation (It is acceptable for the internal terminology of the position title to be included in brackets after the title of the nominated occupation).
• Confirm the employment duration (the position must be full-time and available for at least five years).
• Clearly detail the ordinary hours of work and what additional remuneration applies to any hours worked above reasonable ordinary hours of work.
• Detail the base salary. Include the award, classification and relevant pay point it falls under (if applicable).
• Please ensure any legislation / awards / authorities you refer to are current & clearly referenced.
• If there is an Enterprise Agreement in place, you need to provide the reference number and full title of the agreement as issued by the Fair Work Commission.
• Include superannuation entitlements (minimum 9.5% of an employee’s ordinary time earnings).
• Include all the minimum workplace entitlements detailed in the National Employment Standards (including leave entitlements and all other minimum entitlements).

The Fair Work Information Statement

Under the Fair Work Act 2009, employers must give every new employee a copy of the Fair Work Information Statement (FWIS) “before, or as soon as practicable after, the employee starts employment”.

If the employee has commenced working in the nominated position, the RCB requires a statement, signed by both parties, to demonstrate that the employee has received a copy of the FWIS.

If the employee hasn’t commenced working in the nominated position or the details of the employee are not known, the RCB requires a statement from the employer confirming that they will provide a copy of the FWIS to the employee before, or as soon as practicable after, the employee starts employment.

Either of these statements can be contained in the employment contract or submitted as an additional document. It is not sufficient to lodge a copy of an unsigned FWIS with the application.

PLEASE NOTE: The above information provides a guide of what to include (at minimum) in the employment contract. The Department of Home Affairs assesses the terms and conditions of employment as outlined in the employment contract. An RCB advice application which is “satisfied” is not an endorsement that the employment contract complies with the relevant workplace relations laws. It is the employer’s responsibility to ensure they comply with these laws.

Contact Details

E-mail: apply.migration.sa.gov.au