The Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) enables Australian employers in the Illawarra NSW region to sponsor skilled overseas workers. This is to assist employers in regional and low population growth areas of Australia, where they have been unable to fill vacant positions with Australian citizens or permanent residents living in or wishing to move to the Illawarra region where the nominated position is located.
The role of the Regional Certifying Body (RCB) is to provide advice to the Department of Home Affairs (DoHA), using local knowledge to advise on whether the nominee for the position will be paid at least the annual market salary rate for the occupation.
Further information regarding the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) is available at Department of Home Affairs.
Note: as of 1 July 2023, the Temporary Skilled Migration Income Threshold (TSMIT) will be set at AUD$70,000. Nominations must indicate a salary that is at least the TSMIT. More information about the TSMIT increase is available here.
Guidelines for Regional Certifying Body Advice
The Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) (SESR) enables Australian employers in areas specified by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs in a Legislation Instrument to Sponsor (nominate) skilled overseas workers. This is to assist employers in regional and low population growth areas of Australia where they have been unable to fill vacant positions with Australian citizens or permanent residents living in, or wishing to move to, the regional area where the nominated position is located.
Where an employer decides to nominate a skilled overseas worker for a SESR visa in the Employer Sponsored (ES) stream, the nomination must be accompanied by advice completed by a relevant Regional Certifying Body (RCB) at time of decision. The RCB must have responsibility for the area where the nominated position is located.
Employer Sponsored Stream nominations must be accompanied by advice from an RCB. However, this advice can be provided before or after lodgement of the ES stream nomination application with the Department of Home Affairs. The Department cannot approve a nomination where advice from an RCB has not been provided.
Applying for RCB Advice
- Ensure you have read and understand all the relevant information on the Department of Home Affairs website. Including Nominating a position.
- Complete Form 1404, Sections 1-10
- If appointing a registered migration agent, legal practitioner or exempt person, complete Form 956
- Collate and email the following documents to firstname.lastname@example.org:
- Form 1404
- Form 956
- Draft or submitted copy of DoHA nomination
- Details of the nominating business and position:
- Business registration (ABN or ACN)
- Organisation chart
- Employment contract
- Position description
- A statement and evidence to explain the method used to determine the salary in the employment contract (refer to annual market salary rate)
- Receipt of RCB payment
A non-refundable fee is charged for processing applications for RCB advice. The processing fee is an administration charge only and does not guarantee the approval of an application.
The processing fee of $770 (including GST) must be paid by one of the following options:
Electronic Funds Transfer (EFT)
Bank: IMB Bank
Account Name: RDA Illawarra
Account number: 200555623
Reference: Name of nominating business
Payable to RDA Illawarra
The RCB will assess an application within 28 days from receipt of lodgement and payment of the processing fee (whichever is later).
Enquiries regarding the status of the application will be accepted via email by an authorised contact, or the nominating business.
The RCB advice outcome will provide the authorised contact (employer or authorised representative) via Form 1404. A copy of the RCB advice will be forwarded to DoHA by the RCB.
It is the responsibility of the employer to lodge an employer nomination application with DoHA via the eLodgement facility and submit the RCB advice to DoHA as part of that application process.
RCBs are agencies operating independently from the Department of Home Affairs and the Department has no jurisdiction over the internal working processes or documentary records of individual RCBs.
There is no Commonwealth Contract between individual RCBs and the Department of Home Affairs that would:
- Enliven a responsibility on the part of the RCB to hand over documents, or;
- Enliven the Department’s responsibilities under the Freedom of Information Act (FOI).
Under legislation specified in Migration Regulation 2.72C(18), the RCB is required to provide advice to the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs in relation to employer nominations. This is the advice detailed on Form 1404 and any supplementary pages, should there be a need to provide further reasoning for the advice.
Further, RDA Illawarra (acting as the RCB) will not, under any circumstances, release additional information regarding the assessment process undertaken, records, research, methodology notes etc that has provided the RCB with reasoning and advice to the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.
Designated regional areas
Ensure the nominating business and/or workplace of the nominee is located in the Illawarra.
List of designated regional area postcodes.
More information about designated regional areas can be found here.
- Form 1404 - Regional Certifying Body advice
- Form 956 - Appointment of a registered migration agent, legal practitioner or exempt person
Need more information? Contact us
Phone: +61 (02) 4258 3612