Update (28 October 2018): Department released 187 visa lodged application and refusal statistics:

 

Year 2014-15 2016-16 2016-17
Lodged 7,858 8,423 9,775
Refused 397 304 645
% of refused applications 5.05% 3.61% 6.60%
% change in lodged applications +7.19% +16.05%

 

The Regional Sponsored Migration Scheme 187 visa is a permanent residency visa that requires the sponsorship of a nominating employer for a role that is located in ‘regional Australia’. These eligible regional areas are defined by postcode. Your nominated role must be performed in one of these eligible areas. While only certain postcodes are eligible in New South Wales, Victoria, Queensland and Western Australia, the entire states of South Australia, Tasmania, the Australian Capital Territory and Northern Territory are deemed to be regional and eligible.

 

There are two separate pathways or streams for the 187 visa. You can satisfy the requirements of either stream before applying for the 187 visa. The streams are called the Direct Entry stream, and the Temporary Residence Transition stream.

 

187 visa – Primary visa applicant

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The following requirements need to be satisfied by the primary visa applicant under both the Direct Entry and Temporary Residence Transition streams. Hence, these are common requirements which need to be satisfied by the primary visa applicant under either of these streams. In addition to these requirements, the primary visa applicant needs to satisfy the specific and different requirements that apply to the particular stream that the primary visa applicant is applying under – see below explanation:

 

  • Age: Primary visa applicant must be under 45 years of age at the time that the visa application is lodged (primary applicant can turn 45 years of age or older after lodgement of the visa application). There are only a few allowed exemptions to this age requirement.
  • English: Competent English language ability is required for both the TRT and DE streams. You can use an English result from an examination conducted within the last 3 years immediately before the date of lodgement of your visa application. You may however be required to achieve higher English examination scores than the minimum English requirement of Competent English if this is required for your skill assessment (Direct entry stream), or if a higher level of English is required in order to obtain mandatory registration, licence or professional membership that is required to work in your nominated occupation.
  • Holds (or is eligible for) any mandatory registration, licence or professional membership: If any mandatory registration, licence or professional membership is required to work in your nominated occupation, then you hold or are eligible for this mandatory registration, licence or professional membership. For example, you need to be registered (or be eligible for registration) with the Australian Health Practitioner Regulation Agency to work in Australia as a registered nurse, doctor and other health care professional occupations
  • Applying in Australia: You can apply for this visa if you are in Australia as a temporary visa holder, or a Bridging visa A, B or C (if you are a Bridging visa A, B or C, then you will not be able to lodge this visa application when you are in Australia if you have had a visa refusal and you are waiting for a Tribunal or Court hearing due to Section 48. You can apply for a Bridging visa B, which allows you to temporarily leave Australia to lodge your 187 visa application and then return to Australia. The Department can decide your 187 visa application when you are in Australia).
  • Health and character: Primary visa applicant and all members of his or her family unit must satisfy the health and character requirements for the grant of a permanent residency visa. If any member of the family unit fails to satisfy the health and/or character requirements, then the visa applications may be refused for the primary applicant and all family members. Members of the family unit who are not included in the visa application also need to satisfy the health and character requirements, even though he or she is not included in the permanent residency visa application.
  • Commitment to work in nominated role: Visa applicant needs to make the commitment to work in the nominated role for a period of at least 2 years from the date that permanent residency is granted. The employer will also need to make the commitment to ensure that the nominated role is available to the visa applicant for a period of at least 2 years.

 

Important: You will need to find an Australian business to sponsor you before you can proceed with your application. You cannot complete this employer sponsored visa independently without an Australian employer. As far as we are aware, you are unlikely to receive an invitation if you are trying to find an employer through the Department’s Expression of Interest database.

Please note that the above listed requirements are not the only requirements that the visa applicant and the employer/sponsor need to satisfy in order to obtain a 187 visa. The above only outlines the key requirements.

 

187 nomination – Sponsoring business

 

The following requirements apply to both the Direct Entry and Temporary Residence Transition nomination applications by the sponsoring business. Hence, these are common requirements which need to be satisfied for applications under either of these streams. In addition to these requirements, the sponsoring business needs to satisfy the specific and different requirements of the particular stream that the business is applying under – see below explanation:

 

  • Salary is equivalent to what is or would be paid to an Australian employee: The business needs to demonstrate that the visa applicant’s proposed salary is consistent with the ‘Australian market rate’ for the nominated role.
  • Commitment to work in nominated role: Visa applicant needs to make the commitment to work in the nominated role for a period of at least 2 years from the date that permanent residency is granted. The employer will also need to make the commitment to ensure that the nominated role is available to the visa applicant for a period of at least 2 years. The Department will assess the business’ financial position, financial history, current operations and clients, current staff and payroll expenses etc. Based on this information, the Department needs to be satisfied that the business will continue to operate for at least the next 2 years, and provide the primary applicant with employment in his or her nominated role.
  • Compliance with migration and workplace law: The business has a history of compliance with Australian immigration and workplace relations laws.
  • No adverse information: There is no adverse information known about the sponsoring business or any person associated with the sponsoring business, or it is reasonable to disregard this information.

 

Direct Entry (DE) stream

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Primary visa applicant requirements under Direct Entry stream:

 

  • Work experience: Three years of full-time work experience that relates to your nominated occupation. Generally speaking, you can only count relevant work experience after you completed your relevant education qualification / apprenticeship / trade or vocational education. Part-time or casual work experience can be counted on a pro-rata basis, so 12 months of part-time or casual experience should be equivalent to 6 months of full-time experience.
  • Skill assessment for nominated occupation: A skill assessment for your nominated occupation is generally not required unless your nominated occupation is one of these listed trade occupations. If your nominated occupation is one of these listed trade occupations, then you need a positive skill assessment or you need to have a relevant Australian qualification that satisfies the ANZSCO education qualification requirement.

 

*You are exempt from having to complete a skill assessment if you are a Subclass 444 (New Zealand citizens) or Subclass 461 visa holder (relative of a New Zealand citizen) and you have worked in an eligible occupation for the same employer for at least 2 out of the last 3 years (excluding periods of unpaid leave).

You are also exempt from this skill assessment requirement if your employer sponsorship is any of the following:

  • an academic by a university in Australia or
  • a scientist, researcher, or technical specialist by an Australian government (including State and Territory) scientific agency

 

Business nomination requirements under Direct Entry stream:

 

  • Eligible occupations: Nominate an occupation on the current eligible list of occupations for the 187 visa.
  • Eligible regional area: Nominated by your employer to work in their business which is located in a part of regional Australia. These eligible regional areas are defined by postcode. Your nominated role must be performed in one of these eligible areas.
  • Regional certifying body application: The business will need to lodge an application to the relevant Regional Certifying Body to demonstrate that there is a genuine need for the visa applicant and that the position cannot be filled by an Australian citizen or permanent resident. This generally means that the employer will need to advertise the nominated role in the local newspaper and/or online for a period of around 4 weeks. The relevant RCB is required to provide advice to the Department in relation to whether the above criteria have been satisfied, that is, the position is genuine given the nature of the business and the position could not be filled by an Australian permanent resident or citizen. RCB processing times vary, but generally speaking these applications take around 8-12 weeks for the relevant RCB to assess and decide. You are allowed to lodge the 187 nomination and visa applications first, and then lodge the RCB application during the Department’s processing time.
  • Genuine business need for the nominated role: This is a discretionary requirement where the Department will assess various aspects of the sponsoring business (based on the documents and information provided in the business nomination application) such as the business’ financial position, financial history, current operations and clients, current staff and payroll expenses, and documents provided to demonstrate the business’ current need for the nominated role etc. The Department will then decide if the business has sufficiently demonstrated its genuine need for the nominated full-time role.

 

 

T187 Laura

 

Temporary Residence Transition (TRT) stream

 

The following transitional arrangements only apply if you held a Primary 457 visa, or you were applying for a Primary 457 visa, on 18 April 2017:

 

  • Two years of work as a 457 (and 482 TSS if applicable) visa holder: The primary applicant needs to have at least two years of full-time work as a 457 and/or 482 TSS visa holder in the last three years. You must complete these two years of work with your sponsoring employer for your 187 nomination and visa applications, and in the nominated role which was approved for your 457 and/or 482 TSS visa. You can also count time on a bridging visa, if you were applying for a 457 or 482 TSS visa application, and you were already the holder of a 457 or 482 TSS visa. You must complete the full two years of work before your sponsoring employer can lodge their nomination application, and you lodge your visa application.
  • Eligible occupations: The business nomination application can nominate the same occupation and ANZSCO occupation code as the 457 visa application which the Department approved, even if this occupation is no longer on the current eligible list of occupations for the 187 visa

 

Otherwise, all other primary applicants will need to satisfy the following requirements:

 

Primary visa applicant requirements under Temporary Residence Transition stream:

 

  • Eligible regional area: Nominated by your employer to work in their business which is located in a part of regional Australia. These eligible regional areas are defined by postcode. Your nominated role must be performed in one of these eligible areas.
  • Three years of work as a 457 and/or 482 TSS visa holder:  The primary applicant needs to have at least three years of full-time work as a 457 and/or 482 TSS visa holder in the last four years. You must complete these three years of work with your sponsoring employer for your 187 nomination and visa applications, and in the nominated role which was approved for your 457 and/or 482 TSS visa. You can also count time on a bridging visa, if you were applying for a 457 or 482 TSS visa application, and you were already the holder of a 457 or 482 TSS visa. You must complete the full three years of work before your sponsoring employer lodges their nomination application, and you lodge your visa application.

 

Business nomination requirements under Temporary Residence Transition stream:

 

  • Eligible occupations:  Nominate an occupation on the current eligible list of occupations for the 187 visa
  • Eligible regional area: Nominated by your employer to work in their business which is located in a part of regional Australia. These eligible regional areas are defined by postcode. Your nominated role must be performed in one of these eligible areas.
  • Performance of nominated role by 457 and/or 482 TSS visa holder: The following requirement was added to the business nomination requirements, under the Temporary Residence Transition stream, which indicates that the Department can potentially look at the work performed by the 457 and/or 482 TSS visa holder, and determine if he or she was working in their approved and nominated role: there is no information known to Immigration that indicates that the identified person is not genuinely performing the tasks of the occupation as specified in ANZSCO
  • Salary is equivalent to what is or would be paid to an Australian employee: The business needs to demonstrate that the visa applicant’s proposed salary is consistent with the ‘Australian market rate’ for the nominated role.
  • Commitment to work in nominated role: Visa applicant needs to make the commitment to work in the nominated role for a period of at least 2 years from the date that permanent residency is granted. The employer will also need to make the commitment to ensure that the nominated role is available to the visa applicant for a period of at least 2 years. The Department will assess the business’ financial position, financial history, current operations and clients, current staff and payroll expenses etc. Based on this information, the Department needs to be satisfied that the business will continue to operate for at least the next 2 years, and provide the primary applicant with employment in his or her nominated role.
  • Compliance with migration and workplace law: The business has a history of compliance with Australian immigration and workplace relations laws.
  • No adverse information: There is no adverse information known about the sponsoring business or any person associated with the sponsoring business, or it is reasonable to disregard this information.

 

Test 187 Megan

 

Terms &conditions of employment

 

Your sponsoring employer needs to demonstrate that the terms and conditions of your employment are no less favourable than the terms and conditions of employment for an equivalent Australian citizen or permanent resident (known as the ‘market rate’ requirement). Your employer can show this by providing a copy of the contract of an Australian citizen or permanent resident that is working in the same position and location as your nominated role under the Subclass 187 visa application (other evidence of the Australian’s salary may be acceptable such copies of payslips or payment summaries).

 

If there is no such equivalent Australian, then your employer can provide evidence of what the Australian market salary rate is for your nominated role and show that your guaranteed annual salary is at least equal to the market rate (e.g. provide salary survey data for your industry and role).

 

Genuine business need for role

 

The sponsoring business needs to demonstrate that it has a genuine need for the nominated position. In assessing this requirement, the Department’s guidelines indicate that the following factors may be considered:

 

  • the nature and scope of the business activities of the nominator including:
      • any demonstrated increases in business activity
      • any demonstrated plans for future expansion
      • the likely impact on the business if the nomination was refused
    • overtime being undertaken by employees currently in the nominated occupation
    • any information that the relevant industry is in decline
    • whether the position:
      • continues to fit within the regular and ongoing business activity of the employer, as demonstrated by the organisation chart or other evidence provided
      • has altered over time
      • involves new tasks that no longer correspond to the nominated occupation
      • continues to be genuinely needed in the regular, ongoing business activity of the employer
      • has existed and been previously occupied but has become vacant through attrition
      • contributes to maintaining or enhancing the volume and/or quality of business outputs (this may include detailed and quantifiable plans for future expansion)
      • is currently occupied by a temporary resident
      • is relevant to the proposed business activity

     

    The supporting documents that a business needs to provide in order to demonstrate its genuine need for the nominated position will vary, depending on the nominated position/occupation and the nature of the sponsoring business’ operations.

     

    For example, if the business is sponsoring a Chef, Cook, or Cafe or Restaurant Manager, then the business may be able to provide the following to demonstrate its need to the nominated role:

     

    • Dine-in menu, specials and/or drinks menus
    • Photos of prepared meals
    • Photos of fresh and/or raw produce such as meats, chicken, fish, vegetables, fruits etc.
    • Photos of ingredients such as spices, seasoning, herbs etc.
    • Photos of kitchen and work areas, fridge and storage areas etc.
    • Photos of dining and customer seating/service areas
    • Invoices/receipts for the cost of raw ingredients such as spices, seasoning, fresh vegetables or fruits, raw meats etc.
    • Invoices/receipts for the cost of kitchen equipment such as knifes, utensils, pans, stove, microwave etc.
    • Invoices/receipts for business expenses such as solicitor fees, advertising or marketing expenses, online advertising expenses, new menus etc.
    • Examples of online reviews such as Facebook, Google, Tripadvisor etc.

     

    If the business is sponsoring a Technical Sales Representatives nec (ANZSCO code: 225499), then the business may be able to provide the following to demonstrate its need to the nominated role:

     

    • List of clients and/or business schedule or calendar for client services/product purchases
    • Invoices/receipts for prior completed services/product purchases
    • Email correspondence with clients, providing information in relation to new or existing services and/or products
    • Business prepared brochure or information sheet outlining its services and/or products and/or brochures or information sheets which are provided by your sales representatives to clients
    • Email correspondence from clients raising issues or complaints
    • Information sheets for competing services and/or products offered by the business’ competitors
    • Internal sales records, spreadsheets, printouts etc. recording the business’ financial and sales performance such as: weekly or monthly sales, sales by various representatives, sales by products or services, sales by client etc.

    .

    Application process

     

    You can only lodge an application using the Department’s online portalYou can only prepare the online visa application form once your nominating employer has at least started to prepare the nomination application for your role (which is also prepared using the online portal). This is because you need the nomination application TRN which will be issued to your employer once they have started to prepare the nomination application.

     

    You can lodge your visa application once your sponsoring employer has lodged the business nomination application. You do not have to wait until the Department decides the business nomination application before you lodge your visa application, although you can wait if you wish. If you wait for nomination approval, then you must lodge your visa application within six months of the date that the business nomination application is approved.

     

    After you have lodged the application, you can upload your relevant supporting documents via your Department Immiaccount. As part of the initial application, you do not need to submit any actual paper work or forms, unless the Department specifically asks for such documents.

     

    T 187 Craig

    Government lodgement fees

     

    The below is just a list of the relevant government lodgement fees:

     

    • Visa primary applicant fee: $3,670
    • Additional applicant charge for each additional adult that is 18 years and over: $1,835
    • Additional applicant charge for each additional adult that is 18 years or under: $920
    • Skilling Australians Fund (SAF) levy:
      • Annual turnover less than $10 million: AUD 3000 per year
      • Annual turnover of $10 million or more) AUD 5000 per year
    • RCB application fee: variable depending on RCB but generally around $600-$1,000

    .

    .

    Processing times (17 Oct 2018)

     

    The Department’s processing time for the 187 nomination and visa applications increased significantly in 2017. The Department’s current processing times are approximately:

     

    Direct entry stream: 18-20 months or potentially longer depending on the complexity of your application (we do note that the Department’s current processing time varies a lot at the moment. We do tend to find that applications by larger businesses are generally assessed with quicker processing times, perhaps due to the Department having less concerns with such applications in terms of the business’ need for the nominated role, and the business’ capacity to pay the proposed salary)

    Temporary residency transition stream: 12-18 months or potentially longer depending on the complexity of your application

     

    Please note that the above information is only providing estimated processing time information based on our recent experience, and actual processing times will vary for each individual application. Generally speaking, more complicated applications which may have issues satisfying the relevant legal requirements may take the Department longer to assess and decide.

    Please also see Department website in relation to current processing time information:

     

    Stream 75 per cent of applications processed 90 per cent of applications processed
    Temporary Residence Transition stream 15 months 16 months
    Direct Entry stream 22 months 24 months

     

    Frequently asked questions

    .

    Q: For the TRT stream, can I count work that I completed under another visa like 485 and student visa?
    A: No

     

    Q: For the TRT stream, can I count work completed with a different employer?
    A: No

     

    Q: For the TRT stream, can I lodge my application before I complete 2 years of full-time work if I am close to completing 2 years?
    A: No – you must satisfy the 2 year requirement at the time of application.

     

    Other visa information:

     


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    Alexander

    Hi peng, i am on rsms 187 bridging visa a, i have got nomination approved. I recently married, How do i paid for the secondary applicant, after visa is lodged? Do i wait case officer send an invoice? Thanks peng.

    Sabina

    Hi Peng I have been waiting my RSMS visa since one and half year. I am not happy with my employer. If want to apply general skilled migration from Australia can I apply Eoi from Australia and lodge visa offshore”? Because I am in Bridging visa A”. I don’t want to change my with other employers sponsored visa because there is uncertainty and long waiting time.

    Avril

    Hi Peng my husband has been sponsored and is on the skills shortage. He has a bridging visa and is working in Australia. what is the best way my kids and i can be with him as soon as possible? we are awaiting PR…

    Ting

    Hi Peng,

    Thank you for all these clear information. Is it possible that someone sponsor themselves under RSMS subclass 187( Direct entry stream)?

    Danielle

    Hi Peng,
    Really hoping you can clear something up for me…I lodged my RSMS 187 visa in Feb 2018. I did not realise that I would be required to get a skills assessment, I have been working in Australia as a Veterinary nurse for 6+ years and currently employed and nominated by a university. I am more than happy to get a skills assessment now to attach to my current application, but some sources say that it is too late, and will cause for my visa to be refused!!?
    Thank you in advance
    Danielle

    Robin Sturt

    Hi Peng,
    I’m a painter and decorator with 5.5yrs experience in the trade and no formal qualifications. I have found an employer willing to sponsor me. I have already passed the IELTS exam with the result of 8.5 and I am now ready to apply for my AQF. My 6 years’ experience will be complete in May 2019. Please could you advise me when the employer should nominate me, taking the delay in having my skills assessed into consideration? I’m 42 years old.
    Thank you!

    Sithu

    Hi Peng, I was granted my RSMS VISA last year July and I’m still with the same employer. However, the company cut down their business operations and they will redundant few positions including my position in the company
    1. How does this affect my VISA?
    2. Is there any special document I should ask from the employer regarding termination?
    3. After they terminate my employment, should I stay in the regional (same or other) area or can I go and stay and work any other area?
    Thank you

    Liezl Yambao

    Hello!

    For RSMS 187 Visa, is the skills assessment from VETASSESS required for Marketing Specialist – ANZSCO 225113?

    Sam

    Hello sir i have 18 months experience as a cook . Still i am doing full time job .. but i got experience from
    The resturant which is closed now …. so my experience is valid for 482 visa skill assessment if i go for skill asseseememt after completion of 24 months experence .. as a proof i have salary slips , bank statements ., job contract letter is that enough for experience to apply 482 tss visa thanks

    Deol

    Hi Peng
    Its Deol here,
    Just have one question how long 187 visa files taking at the moment?

    Sam

    Hello sir i have 2 years full experience as a cook i have only ( group certificates and bank details of my salary ) can i apply for 482 visa or i need most stuff to show my experience beacause buisness is closed now where i did work thanks …

    Ravdeep

    Hi Peng,
    I applied rcb nsw as a cook in feb 2018. I am still waiting for rcb approval. Why it’s taking so long.? It’s only with me or everyone?

    Keren

    Hi peng.
    I have a succesful PSA for automotive which was approved in april 2016 while i was on my TRA.
    Then i got a rsms sponsership.
    25 months and still waiting.
    Is it possible for me to enrol for JRE or JRP now?
    Thank you

    John

    Hii peng
    What does it mean that role doesnt align to retail supervisor is it like there is no such position ?

    Hardeep

    Hi peng, 3 years work experience means full time or can be part time as well , for 187 under new rules ?

    Razz

    Hey Peng, lot of hearings about processing time will go down after March. Is that true? Your opinion on this will be much appreciated! Thanks

    kapil

    Hi Peng
    I got my employer nomination approval today for RSMS 187. Now how much time visa officer will take for visa outcomes?

    Martin

    Hi Peng, I just lodged my application for a 187 visa today. I am currently on a substantive visa (working holiday visa 417). I am just wondering if I need to do anything to get a bridging visa A, or if it is going to be automatically generated and granted, so that it can take into place when my visa expires? There is no indication on my Immi Account regarding any bridging visa. I haven’t received any email. My current visa is going to expire the 2nd of march, so I am a bit short in time… Thank you for… Read more »