Yes. The skill requirement you need to meet will depend on the visa stream you apply for. If you are applying for an RSMS visa through the Temporary Residence Transition stream you will be deemed to have met the skill requirement because you have been employed for two years or more on a subclass 457 and your employer continues to want to sponsor you in the same occupation for permanent residence. Your skills will have already been proven. Applicants who apply for an RSMS visa through the Direct Entry stream will have access to a broader range of eligible occupations at the Australian and New Zealand Standard Classification of Occupations (ANZSCO) skill level one to three. They will be required to show they have an Australian or comparable overseas equivalent qualification that is relevant to their nominated occupation. Qualification requirements will be determined by ANZSCO: •ANZSCO skill level 1 occupations (professionals and most managers) will require an Australian or comparable overseas degree •ANZSCO skill level 2 occupations (technicians, some managers and some sales, clerical and service workers) will require an Australian or comparable overseas diploma •ANZSCO skill level 3 occupations (non-trade occupations, technicians, some sales, clerical and service workers) will require at least an Australian Qualification Framework (AQF) certificate III or comparable overseas equivalent qualification •ANZSCO skill level 3 trade occupations will require an Australian trade certificate, an AQF level trade qualification, or a skills assessment from Trades Recognition Australia (TRA). RSMS applicants for the Agreements stream will need to demonstrate that they have the skills, qualifications or experience as required by the relevant Labour or Regional Migration Agreement.

The bulk of RSMS visa applicants will not need a skills assessment. However, applicants who are being nominated to fill a trade occupation at ANZSCO skill level 3 and who do not have an Australian trade certificate or an AQF level trade qualification will need to have their skills assessed by Trades Recognition Australia

Under the current RSMS, the nominated position requires a person who holds a diploma or higher qualification, or be an exceptional appointment. From 1 July 2012 the range of occupations eligible to access the RSMS will be broadened to all ANZSCO skill level 1 to 3 occupations.

The ANZSCO is a classification model developed by the Australian Bureau of Statistics. It classifies occupations by skill level. The department uses ANZSCO to understand what qualifications a skilled migrant would need to undertake the full range of duties required for their nominated occupation. ANZSCO skill level 1 occupations (professionals and most managers) require an Australia or comparable overseas degree • ANZSCO skill level 2 occupations (technicians, some managers and some sales, clerical and service workers) require an Australian or comparable overseas diploma •ANZSCO skill level 3 occupations (non-trade occupations, technicians, some sales, clerical and service workers) require at least an Australian Qualification Framework (AQF) certificate III or comparable overseas qualification • ANZSCO skill level 3 trade occupations require an Australian trade certificate, an AQF level trade qualification, or a skills assessment from Trades Recognition Australia (TRA).

According to ANZSCO, trade occupations are classified as skill level 3, requiring at least an AQF Certificate IV. Under the current regime an employer nomination for a trade occupation can only be approved through the exceptional appointment regime because it requires a person who holds a qualification that is lower than a diploma. Under policy, in recognition of the acute shortage of trades workers in regional Australia, trade occupations classified at skill level 3 are considered to meet the exceptional appointment provisions without further enquiry. From 1 July 2012 this approach will be formalised with all ANZSCO skill level 1 to 3 occupations being considered eligible under the RSMS. For information on how a RSMS visa applicant nominated to fill a trade position will meet the skill requirement from 1 July 2012, refer to questions 5 and 6 in the ‘for Visa Applicants’ section.

The RSMS will continue to support regional employers, in recognition of the complex labour market conditions and limited skilled labour supply available in many regional and remote areas. An employer located in regional Australia who chooses to use the RSMS will: • have access to a broader range of occupations at ANZSCO skill levels 1 - 3 • have no nomination application fees •have relaxed skill requirements for the prospective migrants, such as not requiring them to have extensive work experience in the nominated occupation •not have to meet relevant training criteria •not have to demonstrate through financial papers that they are actively and lawfully operating for applicants using the Temporary Residence Transition stream as this would have been done at the subclass 457 sponsorship stage

Regional Certifying Bodies (RCBs) are a diverse network of state and territory government agencies, local chambers of commerce, local government councils and regional development bodies. RCBs certify RSMS nominations made by employers. The certification process is intended to ensure all RSMS nominations have been scrutinised by people outside the department who are familiar with local labour market conditions and who may be able to provide information on regional matters which the department may not be aware of.

No, the role of RCBs will not change. However, the scope of their activities in the certification process and what they certify when they assess an RSMS employer nomination will change.

At present, all RSMS nominations must be certified by an RCB. From 1 July 2012 only nominations lodged under the RSMS Direct Entry stream will need to be certified.

From 1 July 2012 RCBs will be required to certify that: •there is a genuine need for the nominated position •the prospective migrant will be paid the ‘market rate’. That is, the nominee will be paid the same as an Australian employed in the same position in the same location.

RSMS employer nominations that have been certified by an RCB before 1 July 2012 where the nomination has been lodged with the department prior to the reforms coming into effect on 1 July 2012 will be valid and will continue to be processed. Certifications by an RCB made on the Employer nomination under the Regional Sponsored Migration Scheme Form (number 1054) and the form is lodged with the department on or after, 1 July 2012 will not be considered valid for a Direct Entry RSMS Employer Nomination application. From 1 July 2012 RSMS Direct Entry nominations must be certified against the new RCB criteria and be made on the new Regional Sponsored Migration Scheme Certification Form (number e-1404).

The standard processing time for an RSMS application is between five to eight months. Information about the processing times of an employer-sponsored skilled migration visa is available on the department’s website. See: www.immi.gov.au/about/charters/client-services-charter/visas/8.0.htm