The Wheatbelt Development Commission assists skilled people to migrate to the Wheatbelt Region of Western Australia in order to minimise skill shortages in the local labour market.

Migrants wishing to take up skilled employment and residency (temporary or permanent) in regional Australia have the opportunity to apply for one of the following migration schemes:

1. Regional Sponsored Migration Scheme

2. Long-Stay Temporary Business Visa (Regional 457)

Both visa categories come under the general heading of the Department of Immigration and Multicultural and Indigenous Affairs’ Employer Sponsored Migration Schemes. This means that a job offer -in line with the migrant’s qualifications- allows the migrant to apply for either temporary or permanent residency in Australia.

Because the Australian Federal Government encourages migrants to settle in regional Australia, application criteria for regional schemes are generally less strict than for their metropolitan counterpart.

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The Wheatbelt Development Commission offers the following assistance to regional employers and prospective skilled migrants:
* Certification of sponsorship cases; * Liaison with prospective employers to assist with sponsorship applications; * Advice to migrants regarding job opportunities, protocols and processes; * Assistance to Wheatbelt business owners with finding suitably skilled migrants through the Skill Matching Database; * General information on the Wheatbelt region to facilitate successful settlement for the migrant; and * Any other assistance as required.

For further detail or assistance, please contact us at the Wheatbelt Development Commission.
REGIONAL SPONSORED MIGRATION SCHEME

Permanent Migration to the Wheatbelt

The information in this brochure should be read in conjunction with the Department of Immigration and Multicultural and Indigenous Affairs’ booklet 5 - Employer Sponsored Migration. All booklets and forms can be found on DIMIA’s website at www.immi.gov.au/forms_booklets/index.htm

INTRODUCTION

The Regional Sponsored Migration Scheme (RSMS) assists employers in regional and low population growth areas of Australia, who are unable to fill skilled vacancies from the local labour market.

The employer can nominate a person from overseas, or a temporary resident currently in Australia, to fill a full-time, permanent vacancy. The vacancy should require either a trade certificate or a diploma level qualification or higher.

Nominees are expected to have adequate formal qualifications, have functional English and be under 45 years of age at the time of the visa application. Under certain circumstances exceptions on the grounds of qualification, language ability or age might be considered.

Any employer in the Wheatbelt Region of Western Australia can participate in the scheme free of charge. The migrant pays a visa application fee to DIMIA. Information on charges for various visa schemes can be accessed through DIMIA’s website: www.immi.gov.au/allforms/pdf/990i.pdf.

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The Wheatbelt Development Commission (WDC) is gazetted by the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) to act as a Certifying Body for the RSMS in the Wheatbelt Region of Western Australia. This means the employer has to seek certification from the WDC prior to lodging its sponsorship application with DIMIA.

This information sheet outlines the RSMS process and specifies the guidelines used by the Wheatbelt Development Commission when assessing nominations for certification.

Should you require any assistance with the application process, please contact Robert Panasiewicz on 08 96511770 or Nadine Maysey on 9881 5888. Alternatively send an e-mail to robertpanasiewicz@wheatbelt.wa.gov.au or nadinemaisey@wheatbelt.wa.gov.au.

THE RSMS PROCESS

The Regional Sponsored Migration Scheme process consists of three stages:
Stage 1 - Certification of the Nomination by WDC (form 1054)
Stage 2 - Assessment of the Nomination by DIMIA (form 1054)
Stage 3 - Nominee’s Application for Permanent Residency (form 47ES)

STAGE 1 - CERTIFICATION OF THE NOMINATION BY WDC (FORM 1054)

In the first stage of the application process the employer nominates the vacancy, using form 1054.

The Wheatbelt Development Commission, as the Certifying Body for the Wheatbelt Region, assesses the employer’s nomination against a number of criteria. These criteria are outlined below:

o The employer operates in the Wheatbelt region of Western Australia. The Wheatbelt Region includes the local government areas of the Towns of Northam and Narrogin and the shires of Beverley, Cunderdin, Dowerin, Goomalling, Koorda, Northam, Quairading, Tammin, Toodyay, Wyalkatchem, York, Narembeen, Nungarin, Kellerberrin, Yilgarn, Mount Marshall, Mukinbudin, Trayning, Merredin, Bruce Rock, Westonia, Chittering, Dalwallinu, Dandaragan, Gingin, Moora, Wongan-Ballidu, Victoria Plains, Brookton, Corrigin, Cuballing, Dumbleyung, Kondinin, Kulin, Lake Grace, Narrogin, Pingelly, Wagin, Wandering, West Arthur, Wickepin, Williams.

o The position is located in the Wheatbelt region of Western Australia

o Complete application form 1054. The employer is to complete form 1054. A copy of this form can be downloaded from the website http://www.immi.gov.au/allforms/pdf/1054.pdf. Alternatively, ask us for a copy.

o Demonstrate that the position is a genuine full-time vacancy. Include an employment contract or letter of offer of employment that specifies the hours worked per week/fortnight. A full-time position is generally regarded as at least 35 hours work per week.

o Demonstrate that the position requires qualifications equivalent to at least the Australian diploma level or a trade certificate. The Australian Standard Classification of Occupations specifies the qualifications and experience required to act in a specific profession. Trade certificates are considered to be at least at diploma level.

o Demonstrate that the position cannot be filled from the local labour market. The employer needs to demonstrate that sufficient effort was undertaken to find a person on the local labour market. As a general guideline, WDC requires placement of at least one advertisement in the six months prior to lodging the nomination. Depending on the status of the local labour market regarding the profession to be nominated, the advertisement has to be placed in the West Australian and/or local papers.

o Demonstrate that the position is available for at least two years. The minimum period of employment of two years needs to be clearly specified in a signed employment contract between the employer and nominee or in a signed letter of offer of employment.

o Demonstrate that employment and remuneration are in accordance with Australian industrial laws. Provide sufficient information on employment conditions and remuneration in the employment contract, letter of offer of employment or another legal document.

o Demonstrate that an employment contract has or will be made between the employer and the nominee for appointment to the position. If an employment contract has not yet been signed between the two parties, enclose an offer of employment, signed by the employer.

STAGE 2 - ASSESSMENT OF THE NOMINATION BY DIMIA (FORM 1054)

In the second stage of the application process, form 1054 and all supporting documentation is forwarded to:

Department of Immigration and Multicultural and Indigenous Affairs
Perth Business Centre
Locked Bag 7
Northbridge WA 6865
Australia

The DIMIA needs to be satisfied that the nomination has been certified by the Wheatbelt Development Commission. They will assess the employer’s nomination against the relevant Migration Regulations applicable to RSMS.

If the employer’s nomination is approved by DIMIA a letter will be sent to the employer. This letter is to be included in the nominee’s application for permanent residency.

STAGE 3 - NOMINEE’S APPLICATION FOR PERMANENT RESIDENCY (FORM 47ES)

If DIMIA has approved the employer’s nomination, the person nominated by the regional business has to apply for permanent residency. The nominee must complete and lodge application form 47ES with the appropriate DIMIA office within six months of approval of the employer’s nomination.

In general terms, the visa application will be assessed by DIMIA against the following criteria:
o The nominee has the relevant qualifications equivalent to at least an Australian diploma;
o The nominee is able to satisfy any mandatory licensing, registration or professional membership requirements;
o The position is for a fixed term of at least two years (supported by evidence of a contract);
o The nominee is less than 45 years of age;
o The nominee has functional English language ability;
o The nominee and all family unit members meet mandatory health and character requirements.

LONG STAY TEMPORARY BUSINESS VISA SUBCLASS REGIONAL 457 Temporary Migration to the Wheatbelt

The information in this brochure should be read in conjunction with the Department of Immigration and Multicultural and Indigenous Affairs’ (DIMIA) booklet 11 - Sponsoring a Temporary Overseas Employee to Australia. All booklets and forms can be found on DIMIA’s website at www.immi.gov.au/forms_booklets/index.htm.

INTRODUCTION

The Long-Stay Temporary Business visa (subclass Regional 457) allows approved businesses to sponsor overseas employees to come to Australia to fill positions that meet minimum skill and salary levels. The sponsorship takes place on a temporary basis, for a period ranging from three months up to four years.

The Regional 457 visa aims to encourage a stronger dispersal of skilled migrants, with abilities that are in demand, across regional Australia. It also provides support for regional development projects in the form of improved access to temporary labour.

Any employer in the Wheatbelt region of Western Australia can participate in the scheme for a fee set by the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA). The migrant also pays a visa application fee to DIMIA. Information on charges for various visa schemes can be accessed through DIMIA’s website: www.immi.gov.au/allforms/pdf/990i.pdf.

The Wheatbelt Development Commission (WDC) is gazetted by DIMIA to act as the Certifying Body for the Regional 457 visa in the Wheatbelt Region of Western Australia. In some cases the employer has to seek certification from the WDC prior to lodging its sponsorship application with DIMIA.

This information sheet outlines the application process and specifies the guidelines used by the Wheatbelt Development Commission when assessing nominations for certification.

Should you require any assistance with the application process, please contact Robert Panasiewicz 08 96511770 on or Nadine Maysey on 9881 5888. Alternatively send an e-mail to robertpanasiewicz@wheatbelt.wa.gov.au or nadinemaisey@wheatbelt.wa.gov.au.

THE APPLICATION PROCESS

Obtaining a Regional 457 visa involves three stages, which entail the sequential assessment of:

1. The business sponsorship application by DIMIA - Part A form 1196 - Sponsoring Temporary Overseas Employees to Australia.

2. The nomination by DIMIA (possibly certification by WDC) - Part B form 1196 - Sponsoring Temporary Overseas Employees to Australia

3. The nominee’s visa application by DIMIA - form 1066 - Application for a Long-Stay Temporary Business Visa

ELECTRONIC LODGEMENT

As per 1 January 2004 all applications related to the Regional 457 sub-class can be lodged electronically. The processing of an electronically lodged application is given priority over an application lodged on a paper form.

For further information on electronic lodgement please visit [=]www.immi.gov.au/e_visa/business.htm[/=].

STAGE 1 - BUSINESS SPONSOR APPLICATION (FORM 1196 PART A)

If a business wants to sponsor a temporary business entrant to work in Australia on a long-stay temporary basis, the employer lodges part A of form 1196 with DIMIA.

DIMIA must be satisfied that the business is able to meet specific sponsorship undertakings in relation to all its sponsored temporary business entrants and their accompanying family members.

For a business sponsorship to be approved:
o The prospective employer must be an employer of good standing with an actively and lawfully operating business.

o The prospective employer must be able to demonstrate that the recruitment of overseas workers will provide some benefit to Australia (such as the expansion of trade or enhanced competitiveness).

o The prospective employer is required to demonstrate that they have a satisfactory commitment to training Australian residents or that they will introduce or utilise new or improved technology or business skills.

o The prospective sponsor must be able to meet their undertakings as an employer, such as paying at least award-level wages, meeting obligations to the Commonwealth in relation to taxation and social security, and assuming responsibility for medical costs incurred by sponsored persons and their dependants.

STAGE 2 - NOMINATION APPLICATION (FORM 1196 PART B)

Businesses need to nominate a position they wish to fill with a temporary business entrant by using form 1196 (Part B).

Minimum skill and salary levels apply to positions nominated. The salary is the gross salary paid. Other benefits will not count towards the minimum salary threshold.

As per January 2004 the gazetted salary level is $37,720. The gazetted skill threshold is specified per ASCO (Australian Standard Classification of Occupation) code. Before lodging a nomination application, please check the current gazetted skill and salary thresholds, available on DIMIA’s website www.immi.gov.au.

Exemption to skill and salary threshold Businesses seeking exemption from the minimum skill and/or salary threshold must seek certification of the nomination by the Wheatbelt Development Commission, using Part B of form 1196.

The Wheatbelt Development Commission requires the employer demonstrate that the nomination meets the following criteria:

o The employer operates in the Wheatbelt region of Western Australia. The Wheatbelt Region includes the local government areas of the Towns of Northam and Narrogin and the shires of Beverley, Cunderdin, Dowerin, Goomalling, Koorda, Northam, Quairading, Tammin, Toodyay, Wyalkatchem, York, Narembeen, Nungarin, Kellerberrin, Yilgarn, Mount Marshall, Mukinbudin, Trayning, Merredin, Bruce Rock, Westonia, Chittering, Dalwallinu, Dandaragan, Gingin, Moora, Wongan-Ballidu, Victoria Plains, Brookton, Corrigin, Cuballing, Dumbleyung, Kondinin, Kulin, Lake Grace, Narrogin, Pingelly, Wagin, Wandering, West Arthur, Wickepin, Williams.

o The position is located in the Wheatbelt Region of Western Australia

o The nominated occupation is a certifiable position. Eligible occupations under the regional 457 visa should meet a minimum skill level as stated in DIMIA’s Gazette Notice. Visit the following site for further detail on eligible occupations: www.immi.gov.au/legislation/gazettals/gazettals04/040211_salary.pdf.

o The position is genuine and full-time. A full-time position is generally regarded as at least 35 hours work per week.

o The position is necessary to the operations of the business. The Wheatbelt Development Commission will determine the importance of the position to the activities of the business on the basis of information provided on the sponsorship form.

o The position can not reasonably be filled locally. The Wheatbelt Development Commission may ask for evidence of the employer’s efforts to fill the position from the local labour market.

o The individual will be paid the level specified in the nomination. The salary specified on form 1196 is the gross salary paid. The minimum salary level represents gross salary and cannot include salary-packaged items, such as superannuation, vehicles, bonuses or other allowances.

o The proposed employment conditions and remuneration at least accord with levels provided for in Australian legislation and awards.

STAGE 3 - APPLICATION FOR A LONG-STAY TEMPORARY BUSINESS VISA (FORM 1066)

The individual nominated to perform the position submits a visa application (form 1066) in Australia.

The visa application is assessed by DIMIA, after the assessment of the sponsorship and nomination. It is to be ensured that:

o The applicant is the subject of an approved nomination.

o The applicant possesses relevant skills, qualifications and experience to perform the duties of the nominated position. Applicants for the regional 457 visa are sponsored to fill positions that are consistent with their previous work history and qualifications. A tertiary qualification in a field related to the occupation would, generally, be suitable evidence of an applicant’s ability to perform the duties of the nominated position. Where there is doubt, DIMIA may ask the applicant to provide suitable evidence, such as references from a previous employer or a statement from their sponsor.

o The applicant will be paid at the level specified in the nomination and at least at a level that is commensurate with relevant awards and standards.

o The applicant will be able to satisfy any mandatory licensing, registration or professional membership requirements relevant to the position.

o The applicant will meet health and character requirements.

DIMIA makes a decision on the visa application once a sponsorship and nomination (form 1196) have been approved. Visas are generally granted for the length of the job offer.