2019.11.18南澳开放494偏远地区雇主担保签证之RCB advice申请

2019.11.18 南澳公布用于494新偏远地区雇主担保签证(Skilled Employer Sponsored Regional (Provisional) (Subclass 494) visa)的RCB advice 申请表正式启用。

此次更新后,RCB将会对提名职位的市场年薪水平(annual market salary rate (AMSR))提出建议。

The RCB advice application form is now available for the new Skilled Employer Sponsored Regional (Provisional) (Subclass 494) visa.

There have been some changes to the role of the RCB for the new subclass 494 visa. The RCB will provide advice on the Annual Market Salary Rate for the nominated position. The employer nomination application criteria assessed by the Department of Home Affairs is available here.

下面飞出国带大家了解一下南澳RCB advice的具体情况。

1. 什么是RCB advice?

RCB Advice的全称是Regional Certifying Body Advice,偏远地区担保资格认证建议。申请494新偏远地区雇主担保签证(原187签证)之前,移民局要求偏远地区职位认证机构RCB进行评估,并证明雇主提名的职位符合偏远地区职位认证要求。

2. RCB advice 标准(criteria)

  • the genuine need for the nominated position:被提名职位的真实需求;

  • that there are no suitably qualified Australian Citizens or Australian Permanent Residents for the role:澳洲公民和永久居民确实不符合要求;

  • Annual Market Salary Rate: immigration SA 会给移民局内政部(DHA)提供关于市场薪资水平的建议,雇主提供的年薪不得低于市场年薪水平, 并且被提名人的年薪不得低于临时技术移民收入阈值(TSMIT)。

  • the genuine need for the nominated position;
  • that there are no suitably qualified Australian Citizens or Australian Permanent Residents for the role; and
  • the annual salary is paid at least the Annual Market Salary Rate.

另外,对于向内政部提出的每个雇主提名申请(同一被提名人担任同一职位),Immigration SA只会提供一次RCB建议;如果immigration SA给出的advice结果为“not-satisfied”,需要直接向DHA补充进一步的信息。

3. RCB advice 材料清单(checklist)

所有材料都要求原件的清晰扫描件

  • 基本信息(General information)

    • 提名职业代码(必须是南澳的全职职位,与被提名人的提名职业相关,并且可能存在至少五年)

    • 交易参考号(Transaction Reference Number (TRN) )(如雇主已向DHA递交提名申请);

    • 雇主提名申请确认信

    • 移民代理注册号码(MARA)number

General Information

Note: It must be a full-time the position (in the nominees nominated occupation) based in South Australia and likely to exist for at least five (5) years.

  • The Department of Home Affairs Transaction Reference Number (TRN) (if the employer has lodged a nomination application with Department of Home Affairs).

  • Provide a copy of the employer nomination application confirmation from the Department of Home Affairs.

  • Migration Agents Registration Authority (MARA) number (if the employer is represented by a Migration Agent).

  • 企业信息(Business Details)

    • 提名企业的澳大利亚企业编号(ABN),注意企业名称的一致性;

    • 企业业务描述;

    • 企业组织结构图(organisational chart that outlines the positions);

    • 被提名职业对于企业的贡献说明;

    • 提供该职位所需的技能和经验的描述;

    • 提供被提名职位的角色说明。

Business Details

  • Australian Business Number (ABN) for the nominating business. The business name in the online application and the details on the ABN Lookup must be an exact match.
    Note: all supporting documents must be in the same business name as the registered business name on ABN Lookup. If the business name is different in the supporting documents, you will need to show evidence of the connection between the nominating business and the related business.
  • Provide a description of the business in the relevant fields of the application form (maximum 500 characters for each question):
    • How long the business has been operating
    • The nature of the business and what its business activities are
    • The business products or services provided
    • The types of jobs/positions required in the business.
  • Upload an organisational chart that outlines the positions in the business including:
    • The name of the business
    • All positions and titles (including the nominated position)
    • Reporting lines within the business (include all positions related to the nominated position)
    • Employment status for all positions (part-time/full time/casual)
      Please note :
  • Organisations with 25 or more employees only need to submit an organisational chart for the division of the business in which the nominated position is to be employed (including the details above)
  • Clearly delineate between employees based in SA and elsewhere within the business.
  • Provide a description demonstrating how the nominated position contributes to the business (maximum 500 characters)
  • Provide a description of the skills and experience required for the position (maximum 500 characters)
  • Provide a copy of the role statement for the nominated position.
  • 市场年薪(Annual Market Salary)

    • 被提名人个人信息(如被提名人已确定);

    • 裁决书,企业议价协议(EBA)或普通法合同的详细信息(视情况而定);

    • 就业合同(Employment contract);

    • 公平工作信息声明(The Fair Work Information Statement)

Annual Market Salary

​Personal details of the nominee (if nominee is known):

  • Visa subclass (if applicable)
  • Home Affairs visa grant notice for current visa (if applicable)
  • Number of dependents

Details of award, Enterprise Bargaining Agreement (EBA) or common law contract (depending on which is applicable).

  • Award details
    • Title of the Award
    • Classification level of the Award
    • Provide a copy of the relevant Award

OR

  • Enterprise Bargaining Agreement (EBA)
    • EBA title (as asssigned by the Fair Work Commission)
    • Provide a copy of relevant pages of the EBA covering wages and salaries (include the title page of the EBA)

OR

  • Common Law Contact
    • Provide a description of the research undertaken and the information used to determine that the salary for the nominated position is at the market salary rate
    • Provide copies of authorities relied upon to determine the salary. For example: salary guides, earnings data or advertisements of similar jobs, Provide specific URL website references to any sources used to determine the market salary
    • If you employ Australian workers in equivalent positions: Provide a copy of employment contracts and payslips for any Australian workers in equivalent positions in the same workplace.

Employment contract guidelines

Upload an employment contract which meets the following guidelines:

  • Preferably written on the employer’s letterhead.
  • Accurately detail the parties to the contract (The employer detailed in the application must be the business detailed on the Australian Business Number (ABN) register. Where this is not the case, documentary evidence must be submitted to establish the relationship between the employer named and the business. For example, for the trustee of a trust, a trust deed would be required –only those parts of the deed recording the establishment of the trust, the parties and signatories, need to be lodged).
  • If known, the nominee’s (employee’s) full name and address.
  • Dated and signed by both parties (employer and nominee (employee), if known).
  • The position title must be the same as the nominated occupation (It is acceptable for the internal terminology of the position title to be included in brackets after the title of the nominated occupation).
  • Confirm the employment duration (the position must be full-time and available for at least five years).
  • Clearly detail the ordinary hours of work and what additional remuneration applies to any hours worked above reasonable ordinary hours of work.
  • Detail the base salary. Include the award, classification and relevant pay point it falls under (if applicable).
  • Please ensure any legislation / awards / authorities you refer to are current & clearly referenced.
  • If there is an Enterprise Agreement in place, you need to provide the reference number and full title of the agreement as issued by the Fair Work Commission.
  • Include superannuation entitlements (minimum 9.5% of an employee’s ordinary time earnings).
  • Include all the minimum workplace entitlements detailed in the National Employment Standards (including leave entitlements and all other minimum entitlements).

The Fair Work Information Statement

Under the Fair Work Act 2009, employers must give every new employee a copy of the Fair Work Information Statement (FWIS) “before, or as soon as practicable after, the employee starts employment”.

If the employee has commenced working in the nominated position, the RCB requires a statement, signed by both parties, to demonstrate that the employee has received a copy of the FWIS.

If the employee hasn’t commenced working in the nominated position or the details of the employee are not known, the RCB requires a statement from the employer confirming that they will provide a copy of the FWIS to the employee before, or as soon as practicable after, the employee starts employment.

Either of these statements can be contained in the employment contract or submitted as an additional document. It is not sufficient to lodge a copy of an unsigned FWIS with the application.

Please note: The above information provides a guide of what to include (at minimum) in the employment contract. The Department of Home Affairs assesses the terms and conditions of employment as outlined in the employment contract. An RCB advice application which is “satisfied” is not an endorsement that the employment contract complies with the relevant workplace relations laws. It is the employer’s responsibility to ensure they comply with these laws.

4. RCB advice 申请过程(process)

a. 确认雇主符合偏远地区雇主担保和签证申请要求Skilled Employer Sponsored Regional (SESR) nomination criteria以及RCB advice的申请要求;

b. 向immigration SA递交RCB advice申请:递交雇主提名申请之前或者之后都可以递交RCB advice申请,但是递交雇主提名申请时,DHA规定RCB advice必须是3个月内出具的;

c. 申请确认信(雇主递交RCB advice申请后,会收到Email确认);

d. 雇主提名通过之后,雇员可以递交签证申请。

A step-by-step guide to the RCB advice process

Step 1

Step 2 - Employer

  • Submit an RCB advice application to Immigration SA
  • The employer must be a standard business sponsor or have applied to be a standard business sponsor
  • Lodge a nomination application with Department of Home Affairs
  • It is your decision whether you apply for RCB advice before or after lodging an employer nomination application with Department of Home Affairs.

Step 3 - Employee

  • If Department of Home Affairs approves the employer nomination, the employee will then need to lodge a visa application with Department of Home Affairs using the lodgement facility
  • For more information, see Department of Home Affairs website.