Guides Booklet 11 >> go

RSMS Exceptional Appointments

This document provides information for employers using the Regional Sponsored Migration Scheme (RSMS), who want to nominate a person that does not fit the eligibility criteria.

 Section 5 of the RSMS application form (Form 1054) invites you to provide a submission explaining an exceptional appointment, if your nominee:

• a. Does not have qualifications equivalent to at least an Australian diploma; and/or
• b. Is 45 years or older; and/or
• c. Has less than a functional level of English.

You need to address each of the above issues separately.

What Should You Include In Your Submission?

Your submission should address:

• The extent, the business is likely to suffer if your nominee was not this person rather than another person (either in or outside Australia) with the required level of training, experience and competency.
• Whether the duties of the position are so unusual or highly specialised that you are unlikely to find any suitable alternative nominees (either in or outside Australia).
• Documentation supporting the reasons why the position is exceptional and usual requirements should not apply.

You may use the following guidelines to further assist your submission.

Qualification

 For the purpose of migration under the RSMS, a "skilled" occupation is one that requires qualifications equivalent to an Australian diploma level.

If your nominee does not have a qualification equivalent to an Australian diploma, you must be able to demonstrate that they have the skills, training and experience to undertake the duties in a manner equivalent to, or better than, a person who may possess the formal qualification.

You may also like to comment on the lack of availability of relevant training in Australia or provide comments from a related professional organisation/industry body to support the claims.

Age

 If your nominee is 45 years or older, you may comment on the likelihood of recruiting a worker under 45 with qualifications and experience suitable for the position. For example, if the duties of the position are extremely specialised, it may be unlikely that younger persons would have the same level of expertise.

Circumstances may be considered exceptional without further inquiry if:

• The nominee is to fill a senior management or executive position in a substantial business (provide a copy of an organisational chart).
• The nominated position is one that would normally require a person with skills and experience acquired over an extended number of years consistent with the normal progression in that employment sector (e.g. finance/banking industry, senior academics or other similarly highly skilled positions).
• The extent to which the nominee's productive benefit to Australia would be greater than that of a person aged less than 45 (e.g. provide growth to employment/trade opportunities for Australia).

English

 If your nominee has less than a functional level of English, you should comment on why they do not need functional level English and how they would be able to transfer their skills to Australian employers.

When Do You Provide This Information?

 The above information is not required as part of the initial stage of certification, conducted by Immigration SA.

However, it forms a crucial element of your nominee’s visa application, which will be assessed by DIAC either at their overseas post or in the Residence Section, Adelaide (depending where your nominee lodges their visa application).

The DIAC officer makes a decision on your nomination based on information provided during the nomination phase and will make a recommendation to the visa assessing officer in relation to the ‘exceptional’ nature of the appointment.

The visa-assessing officer decides if the appointment will be accepted as an ‘exceptional’ appointment.

Please note that the onus is on you (the employer) to provide as much information as possible as to why it should be considered as an exceptional appointment.

Contact Us

For information please contact:

Department of Immigration & Multicultural & Indigenous Affairs (DIAC)
4th Floor, 55 Currie Street
ADELAIDE SA 5000

Telephone: +61 13 1881
Facsimile: +61 8 8237 6699
Website: http://www.immi.gov.au