Significant Proposed Changes to the Regional Sponsored Migration Scheme – Impact on WA Business

In September 2011, the Perth metropolitan area was reclassified as a ‘regional area’ for the Regional Sponsored Migration Scheme (RSMS), a scheme that allows employers to sponsor foreign workers for permanent residency. 

This change potentially enables Western Australian employers to significantly increase staff retention, with the RSMS requiring employees to remain with their employer for a period of two years from the date the RSMS permanent residency visa is granted.

The RSMS requires that a Regional Certifying Body (RCB) certify the nominated occupation before the nomination and visa application is lodged with the Department of Immigration.  One of the key factors that an RCB takes into consideration when certifying a nominated position is the labour market testing criteria. 

Importantly for WA businesses, Skilled Migration WA – the RCB for Perth – is strongly considering making material changes to the labour market testing criteria for the assessment of nominated positions.

Currently, employers are required to advertise in print media for a period of 3 months, which is costly and often prevents businesses from employing staff as positions become available.  The changes proposed, if made, will be significant and will save companies time and money, if organisations understand how to properly access them.

If the proposed changes are approved, the business sponsor must:

1. provide a statement outlining how the position was filled (for example, by a temporary visa holders such as a subclass 457 or subclass 417 working holiday visa holder) or why it remains unfilled; and

1. undertake with one of the following labour market tests:

a)     show that the position was advertised in Western Australia in the last 12 months by at least 1 print advertisement or 1 online advertisement posted for at least 2 weeks.  

or

b)    show that the position has been filled by a holder of a visa at a managerial, professional, associate professional or trade level occupation for at least 12 months full time.

These changes will be beneficial to Perth based employers, and has the potential to partially address labour shortages.  Ultimately, the changes will reduce the costs and compliance requirements of utilising the RSMS and ensure that businesses retain employees for an additional two years.

As an employer in Western Australia, the RSMS could be a useful tool to assist you in rapidly attracting and retaining your staff.  For further information, please contact Tim Harper (Manager – Interpeople Migration Services) to discuss how employer sponsored permanent residency, such as the RSMS, can benefit your business.