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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.
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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:
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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.
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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.
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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:
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Primary visa applicant requirements under Direct Entry stream:
*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:
Business nomination requirements under Direct Entry 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:
Otherwise, all other primary applicants will need to satisfy the following requirements:
Primary visa applicant requirements under Temporary Residence Transition stream:
Business nomination requirements under Temporary Residence Transition stream:
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 that would be provided to an ‘equivalent Australian citizen or permanent resident’ (known as the ‘market rate’ requirement). This can be shown by providing a contract of an Australian citizen or permanent resident that is working in the same position and location as the role that you are nominated to perform for the purposes of the visa application.
Your employer may not have an Australian citizen or permanent resident that works as an employee in the same role and location as your nominated role.
If this is the case, then your employer can provide evidence of what the Australian market salary rate is for your nominated role and show that your salary is at least equal to the market rate. This is generally demonstrated by providing Australian market salary survey data. This data needs to be relevant to the nominated role and the location where you will be working (i.e. market salary data, such as Hays Salary Guides, will usually give specific data for various capital cities around Australia).
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 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:
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:
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You can only lodge an application using the Department’s online portal. You 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.
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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.
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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.
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Government lodgement fees
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The below is just a list of the relevant government lodgement fees:
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Department processing times (17 Oct 2018)
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The Department’s processing time for the 187 nomination and visa applications increased significantly in 2017. The Department’s current processing times are approximately:
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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)
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Temporary residency transition stream: 12-18 months or potentially longer depending on the complexity of your application
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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.
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Please also see Department website in relation to current processing time information:
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Stream | 75 per cent of applications processed | 90 per cent of applications processed |
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Temporary Residence Transition stream | 15 months | 16 months |
Direct Entry stream | 22 months | 24 months |
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Frequently asked questions
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Q: For the TRT stream, can I count work that I completed under another visa like 485 and student visa?
A: No
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Q: For the TRT stream, can I count work completed with a different employer?
A: No
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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
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177 Comments
Sam · November 6, 2019 at 11:00 pm
Hello sir i got 187 last month oct 2018 i am working with my employer from last year and i am travelling from city to regional area every day.. my concern is that how much time i have to move in regional area where i am working.. with employer.(.from the date of visa granted ..how much time i have for move to regional area)
My Access Australia · November 17, 2019 at 10:24 am
There isn’t any obligation to live in the regional area – you can live anywhere. The obligation relates to work with the employer.
Prisilia Sumenge · October 13, 2019 at 12:04 pm
Hi Pang,
I am hoping to apply for 187 which I know is going to be abolished next month. My questions is, can I still submit my application to the department of immigration without 3 years fulltime experience on my field ? and just update it somewhere along the visa process once the application been submitted ?
My Access Australia · October 25, 2019 at 7:44 pm
Hi Prisilia,
Sorry but you need to satisfy that requirement when you lodge your application – you can’t satisfy this after lodgement.
akhil · August 26, 2019 at 11:10 pm
Hi Peng,
Do you have any recent information on the processing time on visa 187 TRT stream.
Thanks
My Access Australia · August 31, 2019 at 12:49 pm
Hi Akhil,
For newly lodged applications, processing times looks to be around 6-12 months.
PC
Ngoc · August 13, 2019 at 1:30 pm
Hi Peng,
I intend to work in Australia by visa 482, position 1 cook, 1 pastry cook and apply visa 187. But If I can not apply 187 before the deadline for submitting documents (30 Sep), then can I apply 494 or 186? Is there any way for me to get PR? Thanks so much!
My Access Australia · August 17, 2019 at 3:31 pm
Hi Ngoc,
Unfortunately I can’t provide advice about your visa eligibility just based on your comment information.
Hope for your understanding that I would need to spend a bit of time with you to get relevant information from you and properly answer your queries and provide advice.
Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
Birendra · August 5, 2019 at 9:40 pm
Hi Peng,
I am working as a supervisor in a cafe and now my owner are giving me an opportunity to work as a manager there. So, just wondering can they sponsor me if they want. I am currently living in South Australia and I have completed my Master of Business Administration 2 months ago. Thank you so much
My Access Australia · August 7, 2019 at 11:24 pm
Hi Birendra,
It would be best to contact us if you need consultation and advice in relation to your application. It isn’t really possible to obtain the information/documents that we need, or provide detailed advice via these comment fields which are intended for short/specific queries.
Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
Comments are closed.