Employer Sponsored Workers

Regional Sponsored Migration Scheme (Subclass 119/857)

  1. About this Visa
  2. How this Visa Works
  3. Eligibility
  4. Obligations
  5. Applying for this Visa

Exemption from Eligibility Requirements

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Where the employee cannot meet the skill, language and age requirements an application for an exemption under exceptional circumstances can be made.

Skill exemptions

Exceptional circumstances for skill level might be considered in the following case.

Skill level Exceptional circumstances
Employee does not have a skill level equivalent to diploma level
  • the occupation has a skill level requirement of at least an AQF Certificate II (that is, within Australian Standard Classification of Occupations (ASCO) major groups 5 to 7)
  • the employee has filled the position while on a Temporary Business (Long Stay) visa (subclass 457) for at least 2 years prior to the nomination being submitted
  • the Regional Certifying Body also confirms that:
    • the sponsoring employer is actively and lawfully operating, and the nominated position is located in the regional area
    • there is a demonstrated need for a full-time paid employee in the business and this position is available for at least 2 years.

Note: Nominations for elementary clerical, sales and service workers, and labourers and related workers (ASCO major groups 8 and 9) would not meet the exceptional circumstances requirement.

Age exemptions

Exceptional circumstances for age might be considered in the following cases.

Age Exceptional circumstances
Over 45 but under 50 years old
  • the position is essential to the operation of the business
    and
  • the employer demonstrates that it is not possible to find a suitably qualified person younger than the applicant.
Over 50 but under 55 years old
  • the occupation is on the Migration Occupations in Demand List (MODL) or is an Australian Standard Classification of Occupations (ASCO) major group 1, 2 or 3 occupation
    See: Do you have an occupation in demand?
  • the position is so unusual or highly specialised that it is not possible to find a suitably qualified person younger than the applicant.
Over 55 but under 60 years old
  • the occupation is on the MODL or an ASCO major group 1 or 2 occupation
    See: Do you have an occupation in demand?
  • the position would normally require a person with skills and experience acquired over many years
    Example: Senior academics or scientists.
  • the position is so unusual or highly specialised that it is not possible to find a suitably qualified person younger than the applicant.

Note: 60 years or older exceptional circumstances are generally not considered.

Functional English exemptions

Exceptional circumstances for functional English might be considered in the following cases.

Functional English Exceptional circumstances
Employee does not have functional English
  • functional English is not essential to perform the full range of required duties for the position
    and
  • the transfer of skills to other Australian employees can still take place
    and
  • the employee is able to comply with Occupational Health and Safety (OH&S) requirements
    and
  • reasonable efforts have been made to recruit a suitably qualified person who does have Functional English and this was unsuccessful
    and
  • the employee has been working in the occupation in Australia for at least the 12 months prior to lodging the visa application and has received training in English during this period.
    See: Information form 966i Migrating to Australia - English language assessment (58KB PDF file)

Submission on exceptional circumstances

If the applicant is seeking an exemption from the age, skill and language requirements, the employer must write a submission outlining the exceptional circumstances that apply in the case.

The submission must demonstrate:

The employer should give the submission to the employee to attach to their visa application. All requests for exceptional appointments will be assessed and decided at the visa application stage.

Employers may assist their employees in demonstrating exceptional circumstances on skill, age or English by completing the relevant parts of the nomination form.
See: Form 1054 Employer Nomination under the Regional Sponsored Migration Scheme (196KB PDF file)

 

Before lodging an application, please read all related eligibility requirements.
See: Other eligibility

  1. About this Visa
  2. How this Visa Works
  3. Eligibility
  4. Obligations
  5. Applying for this Visa