State/Territory Specific Migration

The Australian Government, in consultation with State and Territory Governmentsand regional development authorities introduced a range of State Specific and Regional Migration (SSRM) intiatives designed to help state and territory governments to:

  • address skill shortages that may exist in their jurisdictions
  • attract overseas business people to establish new or joint ventures in their regions, and
  • encourage a more balanced dispersal of Australia's skilled migrant intake.

These initiatives include flexible criteria which recognise the special circumstances of rural and regional areas. They aim to attract young, skilled, English speaking migrants to areas of Australia where they are most needed. They receive priority processing and rely on sponsorship by regional employers, state and territory governments or family members This enables state and territory governments and regional employers to influence the number and profile of skilled migrants settling in their areas in line with their skill needs and development objectives.

Research into population distribution in Australia shows three major factors in determining where migrants settle. The location of family members, the availability of employment and business opportunities. The SSRM initiatives are consisitent with these findings and are described below:

Skilled - Regional Sponsored (Provisional) visa

The Skilled – Regional Sponsored visa is for skilled people who want to live and work in a Specified Regional Area ('designated' or 'regional' area) in Australia but are unable to meet the criteria to be granted a permanent visa.

Applicants for this visa must be sponsored by an eligible Australian relative living in a designated area or nominated by a state or territory government agency. Successful applicants are granted a three year temporary visa to give them time to satisfy the residence and employment criteria for a permanent visa.

To be eligible, applicants must pass the General Skilled Migration (GSM) points test and meet a range of basic requirements. Generally, applicants must be under 45 years of age, have good English ability, must nominate an occupation from the Skilled Occupation List and have their skills assessed by the relevant assessing authority.

Applicants must live, work and study only in a Specified Regional Area of Australia

 

Pathway to permanent residence

 

Regional Sponsored Migration Scheme (RSMS)

The RSMS is specifically designed to assist regional employers nominate skilled migrants to fill a full time vacancy (available for at least two years) when there is a genuine need for a paid employee in a business located in regional Australia. Potential migrants may be identified through the Skill Matching Database.

The RSMS category is not points tested and applicants can be overseas or already in Australia on a qualifying temporary visa. All areas of Australia are covered except Brisbane, the Gold Coast, Newcastle, Sydney, Wollongong, Melbourne and Perth.

Generally, applicants under the RSMS need to be less than 45 years of age, have functional English and hold a relevant trade, diploma or higher qualification.

The age, English language and skill requirements may be waived if the applicant can demonstrate that exceptional circumstances apply. An employer may also seek approval to waive the skill requirement for positions that are so unusual or highly specialised that the employer is unlikely to find anyone with the necessary formal qualifications.

 

 

Regional Certifying Bodies (RCBs)

RCBs assist employers to sponsor permanent skilled workers. Through their knowledge of the local labour market, they certify the nomination before it is submitted to the department for approval. Currently there are a range of RCBs covering regional areas in all Australian states and territories.

Regional Concessions: No longer applicable to the Subclass 457 visa program

From 14 September 2009, employers in Regional Australia will no longer be eligible for concessions in meeting the minimum salary and skill level requirements for their nominated positions under the Subclass 457 visa program 

Visa Cancellation Provisions

RSMS visa cancellation provisions apply where:

  • the employee has not commenced in the nominated position within six months of arriving in Australia or after visa grant if in Australia, or
  • an employee has left the position before completing the two-year period for reasons within their control.

Cancellation of an RSMS visa will not occur where a nominated employee has made a genuine effort to complete the two years employment with the approved employer.

If the employee's visa is cancelled, the visas for people who accompanied the employee to Australia may also be cancelled.

Business - State/territory sponsorship for Business Skills Applicants 

The State/Territory Sponsored Business Skills visa allows Australian state and territory governments to attract business people to assist in the economic development of specific areas. In particular, State and Territory Governments are actively encouraging Business Skills migrants to set up business in regional, rural or low population growth areas.

Under this category the majority of Business Skills migrants will enter Australia on a Business Skills (Provisional) temporary visa for four years.

After satisfactory evidence of a specified level of business or investment activity, holders of Business Skills (Provisional) visas may apply for permanent residence under the Business Skills (Residence) visa class. There is provision for business owners, senior executives and investors.

The State/Territory Sponsored Business Skills visas are not points-tested and applicants are able to take advantage of more flexible criteria in relation to age, business assets, English language ability, business turnover and investment levels at both the provisional and permanent residence stage. Each State and Territory Government has its own criteria for deciding who they will sponsor and the areas in Australia for which they will provide sponsorship.

Generally business migrants need to be less than 55 years of age, unless the business is determined to be of exceptional economic benefit.

Temporary Entry Initiatives

In addition to the Regional Migration initiatives discussed above, which lead to permanent residence in Australia, the following initiatives relate to temporary residence.

Medical practitioner

Australian organisations may sponsor medical practitioners from overseas for temporary entry of up to four years to fill positions that cannot easily be filled by an Australian doctor.

The preferred temporary visa pathway for doctors entering Australia is through the Temporary Business Long Stay visa (Subclass 457). It allows applicants to take advantage of streamlined processing arrangements which include the ability to lodge applications over the internet using a special online application form. The Subclass 457 visa also allows for the flexible working arrangements of medical practitioners. This allows them to work for the employer who sponsored them, work for multiple unrelated employers or work as an independent contractor such as where a rural community or local council is seeking to sponsor a doctor to work in a sole person practice without a direct employer.

The subclass 422 Medical Practitioner visa is still available as an alternative temporary entry visa for doctors.

Applicants for temporary entry need to possess appropriate qualifications and at least have conditional registration to work in Australia as a medical practitioner. Medical practitioners with full medical registration may also be eligible to apply for permanent residence under any of the GSM categories.

Medical practitioners were placed on the SOL and the Migration Occupations in Demand List (MODL) in 2004.