Subclass 187 Regional Sponsored PR Visa

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 Competent English (IELTS 6 in eah module or OET B in each module) that has been undertaken in the three years immediately prior to lodging the visa application unless you are exempt from this requirement.

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

You can do this by:-

• Having a score of at least 6  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.

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 center 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.

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 nominations.
• Approved overseas standard business sponsors under the subclass 457 visa program 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 labor 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 labor 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.

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

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 tuitions was delivered in English.

<li >You have an “exempt passport” from the English speaking countries of New Zealand, USA, Canada, United Kingdom or Ireland.

If an exempt applicant is not able to demonstrate that they have at least functional English, they will be required to pay the second installment 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!

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