Subclass 187 Regional Sponsored Permanent Residence Visa

What is the Regional Sponsored Migration Scheme?

The Regional Sponsored Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia to sponsor employees who are foreign nationals for a permanent visa to work in regional Australia.

The employee may be a highly skilled worker from overseas or a highly skilled temporary resident currently in Australia.

This visa involves a three step process:

1. Regional Certification Board (RCB) approval 

2. Nomination by an approved Australian employer and,

3. A Subclass 187 visa application by the skilled worker.

The applicant can be in or outside Australia when an application is made for this visa. The applicant must have a valid substantive visa or a bridging visa A, B, or C to apply for this visa in Australia.

The Subclass 187 visa has three streams:

1. The Temporary Residence Transition stream is for 457 visa holders who have worked for two years, while holding a subclass 457 visa, in the same occupation, with their nominating employer who wants to offer them a permanent position in that occupation.

2. The Direct Entry stream is for applicants who have not worked on a 457 visa with their nominating employer for two years but who are formally qualified in their occupation or have sufficient experience in their occupation to meet the skills requirement for the visa. In the case of trade occupations applicants may need a positive skills assessment in their occupation.

3. The Agreement stream is for applicants sponsored by an employer through a labour agreement.

Who can qualify for a Regional Sponsored Migration Scheme (RSMS) subclass 187 visa?

You can qualify for this visa if:

  • You have been nominated by an approved Australian employer operating a business in regional Australia. Broadly speaking regional Australia includes anywhere in Australia, excluding the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong and Melbourne. (For the complete list of postcodes specified as regional Australia, click here). 
  • Your nomination was approved less than six months prior to applying for your visa. 
  • You are under the age of 50 at the time of lodging your application, unless you are exempt from the age requirements.
  • At time you lodged your visa application you have the required skills and qualifications for the position you have been nominated for. 
  • If there are mandatory registration, license or professional membership requirements for your nominated occupation in the state you are being nominated for a position you must hold the mandatory registration, licence or professional membership at the time you apply for the visa. 
  • At time of applying for the visa you must have appropriate English language skills for the Temporary Residence Transition (TRT) stream or the Direct Entry (DE) stream unless you are exempt from the English language requirements.
  • You and your dependant family members must meet health and character requirements 
  • You must meet the particular requirements of the stream through which you apply for your subclass 187 visa.

Call  Australia Here We Come a call on +61 39573 5200  to arrange a consultation or book one online to assess your prospects of success with this Australian Visa. (Fees apply).

 

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REQUIREMENTS FOR THE TEMPORARY RESIDENCE TRANSITION STREAM

To qualify for a Regional Sponsored Migration Scheme (RSMS) subclass 187 visa through the Temporary Residence Transition Scheme, you:

  • Must hold a subclass 457 visa. 
  • Must have an occupation on the RSMS occupation list.
  • Must have worked for two years with your employer while sponsored as the primary applicant on a subclass 457 visa, in the same position your employer has nominated you for the subclass 187 visa. 
  • Must be nominated by your employer for a permanent position in your nominated occupation under this stream, and your nomination must have been approved by the Department of immigration. 
  • Must have at least vocational English (IELTS 5 or OET B) unless you are exempt from this requirement. 

How do I demonstrate vocational English for an RSMS subclass 187 visa?

You can do this by:-

  • Having a score of at least 5 for each of the four test IELTS components (speaking, reading, listening and writing) in a test that has been conducted within the three years immediately prior to the date of lodgement of your application, or an equivalent score in one of the other accepted English tests. OR
  • Holding a valid passport issued by the United Kingdom, the United States, Canada, New Zealand or the Republic of Ireland. 

What are the advantages of applying for an RSMS visa through the Temporary Residence Transition Stream? 

  • You can qualify for Australian permanent residence through the Regional Sponsored Migration Scheme Transitional Residence Stream without being formally qualified in your occupation. 
  • You do not need a skills assessment for a subclass 187 visa through the Temporary Resident Transition stream.

DIRECT ENTRY STREAM REQUIREMENTS

What requirements do I need to meet for an RSMS Subclass 187 visa through the Direct Entry Stream? 

To qualify for a Regional Sponsored Migration Scheme (RSMS) visa through the Direct Entry Stream you must:

  • Have been nominated for a position under this stream and your nomination must have been approved. 
  • Have an occupation on the RSMS occupation list
  • Meet the skills requirements, unless you are exempt from this requirement.
  • If you need a skills assessment your skills assessment must be no more than three years old at the time you apply for the visa. 
  • At the time you lodge your application you must provide evidence that they have at least competent English (IELTS 6 or OET B), unless you are exempt from this requirement.

How to demonstrate you have competent English for an RSMS subclass 187 visa

You can demonstrate you have competent English by:

  • Having a score of at least 6 for each of the four test IELTS components (speaking, reading, listening and writing) in a test conducted within three years immediately prior to the lodgement of your visa application, or 
  • An equivalent score in one of the other accepted English tests. OR
  • Holding a valid passport issued by the United Kingdom, the United States, Canada, New Zealand or the Republic of Ireland.

What are the Skills requirements for the RSMS Subclass 187 Direct Entry Stream?

A skills assessment is required at the time of application:-

  • If your nominated  occupation is a trade occupation, and
  • You do not have an Australian qualification suitable for your occupation, gained over a minimum period of two years.

No Skills assessment is necessary if:-

  • You occupation is a trade occupation and you hold a suitable Australian qualification that was gained over a minimum period of two years. or
  • You have an occupation on the RSMS list that is not a trade occupation, and
    •  you meet the ANZSCO skill level specified for your occupation by;
      • holding a relevant qualification at the required level or,
      • having a specified number of years of relevant work experience in your occupation which is recognised as evidence you have the skills required for your occupation, in lieu of formal qualifications. At least three years is required for a diploma level occupation and five years for a degree level occupation.

How do the skills requirements for the RSMS 187 visa benefit me?

  • The evidence required by an applicant to demonstrate they hold the skills required for the Regional Sponsored Migration Scheme (RSMS) 187 visa is much lower than for most other skilled visas.
  • Applicants for 187 visas, with the exception of trade occupations can demonstrate they meet the skill requirement for the visa by holding a relevant qualification or providing evidence of three to five years of relevant work experience in their occupation.
  • This means it is possible for 187 visa applicants (excluding those with trade occupations), to obtain a Subclass 187 visa without holding any formal qualifications or obtaining an Australian skills assessment in their occupation.
  • Provided these applicants can prove they have the required number of years (three to five depending on their occupation) of relevant work experience in their occupation they will meet the skill requirement for the 187 visa.
  • This provides a great opportunity for applicants in these occupations to qualify for an Australian permanent residence visa through the RSMS stream, relying purely on genuine evidence of past employment in their occupation.

Examples of occupations where this is possible include;

  • Construction project managers    
  • Childcare centre managers
  • Café or restaurant managers    
  • Hotel or motel managers
  • Retail managers      
  • Project administrators
  • Office managers     
  • Personal assistants
  • Secretaries       
  • Various farming occupations 

Other advantages of an RSMS visa through the Direct Entry Stream 

  • Applicants don’t have to spend two years with their employer on a 457 visa to qualify for a Regional Sponsored Migration Scheme (RSMS) Subclass 187 visa through the Direct Entry Stream.

EMPLOYER REQUIREMENTS FOR A SUBCLASS 187 RSMS NOMINATION

Any business can nominate a skilled worker for a subclass 187 RSMS permanent residence visa, provided:-

  • The business is actively and lawfully operating in regional Australia. In broad terms regional Australia includes all of Australia except the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong and Melbourne.
  • The business has a genuine need for a paid employee to fill a skilled position.
  • The position on offer is a skilled position in the applicant’s field that is full time and ongoing for at least two years.
  • The position pays a market rate salary.
  • The business complies with Australian immigration and workplace relations laws.
  • There is no adverse information known about the business or any person associated with the business.

The business must nominate the applicant in one of the three streams and meet the requirements of that stream.

1. Requirements to nominate an employee in the Temporary Residence transition Stream

A business may nominate an employee in this stream if the business has already sponsored the applicant on a Subclass 457 visa.

  • The employee must have worked in the nominated position in the nominating business, on a 457 visa as a primary visa holder, for at least two years before the nomination is made. 
  • The applicant must be nominated in the same or a similar occupation to the occupation the applicant worked in while on the subclass 457 visa. 
  • The nominated position must be full time, ongoing and available for at least two years and be consistent with the position in which the applicant has already worked in the business. 
  • The business must have met the subclass 457 visa training requirements in each year the business have been approved as a standard business sponsor, although it is usually possible to make up any early shortfalls just prior to lodging the 187 nomination.
  • Approved overseas standard business sponsors under the subclass 457 visa programme are not entitled to nominate employees for Subclass 187 visas through the Temporary Residence Transition stream.

2. Requirements to nominate an employee in the Direct Entry Stream

An employer in Regional Australia can use the Direct Entry Stream to nominate an applicant to fill a position provided:-

  • The position is for an occupation listed on the RSMS occupation list and,
  • The position is full-time and available for at least two years. 
  • The nominated position is certified by a regional certifying body (RCB) for the region where the position will be located.
  • The RCB must certify that:
    • there is a genuine need for a paid employee in a business operated by the employer that is actively and lawfully operating in a regional area of Australia 
    • the terms and conditions of employment are the same as those that would apply to an Australian citizen or Australian permanent resident performing the same work in the same location 
    • the nominated position cannot be reasonably filled from the local labour market.

3. Requirements to nominate an employee in the Labour Agreement Stream

This stream can be used by employers to nominate applicants for subclass 187 visas through a labour agreement that has been negotiated with the government and which includes the terms on which the employee can be nominated for a subclass 187 permanent residence visa.

EXEMPTIONS TO AGE REQUIREMENTS

Are you exempt from the Age Requirements of the Employer Nominated 187 visa?

Applicants who are older than 50 years of age can still apply for the RSMS Subclass 187 visa in certain circumstances.

You are exempt from the Age Requirements under the following circumstances:

  • If you are nominated as a senior academic by an Australian university 
  • If you are nominated as a scientist, researcher or technical specialist at a skill level 1 or 2 by an Australian government scientific agency 
  • If you are a medical practitioner who has been working for your nominating employer on either a subclass 457 visa or a subclass 422 visa for at least four years immediately before applying and your nominated position is located in regional Australia. 
  • If you are a medical practitioner who has worked for your nominating employer on a subclass 422 visa followed by a subclass 457 visa for two years in the four years immediately before applying and your nominated position is in regional Australia. 
  • If you hold a subclass 444 New Zealand Citizen or a subclass 461 New Zealand citizen’s family member visa and you have been working for your nominating employer for at least two of the three years immediately before applying for the visa. 
  • If you are applying through the Temporary Residence Transition Stream and you have been working for your nominating employer as the holder of a subclass 457 visa for at least four years, immediately before applying for the visa and you have been paid at least as much as the Fair Work High Income Threshold in each of the four years. 
  • If you are applying through the Agreement stream and the relevant labour agreement allows for a person who has turned 50 to be employed

ENGLISH LANGUAGE EXEMPTIONS

Are you exempt from the English Language requirements of the Regional Sponsored RSMS visa?

You are exempt from the English Language requirement for the 187 visa, if:-

  • Your nominated earnings are at least equivalent to the current Australian Taxation Office top individual income tax rate.
  • You are applying through the Temporary Residence Transition stream and: 
    • you have completed at least five years of full-time study in a secondary or higher education institution and all of the tuition was delivered in English.
  • You have an "exempt passport” from the English speaking countries of New Zealand, USA, Canada, United Kingdom or Ireland.

If a exempt applicant is not able to demonstrate that they have at least functional English, they will be required to pay the second instalment of the visa application charge, currently $9,800.00.  

Like to know if you're exempt from some of the requirements for a Subclass 187 visa? Book a consultation and we'll take you through all your options!

WHY YOU SHOULD USE AUSTRALIA HERE WE COME TO HANDLE YOUR VISA APPLICATION

We are experts in ENS 187 visas with an enviable success rate

Not only are we experts in ENS 187 visas, we are also passionate about helping you to get your visa. As immigrants ourselves we fully appreciate how much it means to be granted an Australian visa. If we can’t get you your visa, no one can!

We will explain the employer requirements for the visa to your employer

Getting your employer on board is crucial. Without your employer’s support the RSMS visa will not be an option for you. Let one of our friendly migration agents or immigration lawyers phone your employer and explain what’s involved for them. We will help make your employer realise it is well worth the effort to retain you as a long term employee. We will explain how smooth the process can be and the assistance we will provide. This conversation is often the difference between a yes or no answer from your employer.

We will handle your skills assessment for you

If you’re applying for a subclass 187 Direct Entry visa and you have a trade occupation you will need to have your skills assessed by the Australian skills assessing authority for your occupation. Our team of immigration lawyers and migration agents are experts in skills assessments. We will quickly work out which assessing authority looks after your occupation and we will manage your skills assessment for you. If you are on a tight timeframe we can usually get your application processed a bit quicker due to our relationship with the assessing authorities.

We can help you to arrange any licencing or registrations required for your visa

Some occupations, in particular electricians and plumbers must obtain a license for the Australian state they are being nominated to work in, to qualify for the RSMS subclass 187 visa. We will explain any licensing or registration requirements to you and put you in touch with the relevant licensing or registration authority.

We can help you to get formal qualifications through Recognition of Prior Learning (RPL)

We can help you to get your skills recognized and obtain a formal qualification in your occupation through Recognition of Prior Learning (RPL), through the network of Registered Training Organisations we work with. You may also get a discount because you were introduced by Australia Here We Come.

We can help with your English test

If required for your visa, we can help you find your nearest English testing centre as well as book and prepare for your test. We can also organise private tuition for you if you think this will help you.

We will prepare both your employer’s Nomination and your Visa Application for you

We will handle all the paperwork for both your employer’s nomination and your visa application and make sure we lodge the best possible employer nomination and visa application for you.

We will liaise with the Department of immigration right through to the grant of your visa

We will liaise with the Department of immigration from the lodgement of your visa application right through to the grant of your visa.

We may even telephone you in the middle of the night to let you know your visa has been granted! Judging from the reaction of previous clients, we’re sure you won’t mind being woken up by this call.

 

We are Immigration lawyers and migration agents servicing  Perth, Sydney, Melbourne, Brisbane, the rest of Australia and the world!

Call  Australia Here We Come a call on +61 39573 5200  or book a consultation online and we'll  assess your prospects of success with this Australian Visa. (Fees apply).

 
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