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

.

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

.

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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    Ziaul Alam

    Hello!!
    I have a question regarding the visa decision time line. Is the time counted from visa submission date or nomination submission date?
    Thank you

    Adam

    Hi Peng, congratulation for your hard work. just wondering if you could assist me here too. I am on 187(regional Victoria) since October 2017. I am working with same company since last 4 years full time. My company sponsored me and I got my 187 last year on October. uncertainty could happen sometime, my company is forced to shutting down their operation in regional Victoria in coming month. However, being a good reputation at work place, they offering me a similar position full time at metro(Melbourne) area. Moreover, I knew I can leave and work anywhere in Australia even on… Read more »

    Mario Hughes

    Hi
    I have been offered sposorship for pr
    But it didnt proceed because I’m over 50yrs.
    How do i find out who is an agreement stream employer.
    I am a sought after critical care nurse and will move and commit to a new employer to get pr. Currently on a 457.
    Cheers
    Mario Hughes

    NPATEL

    HI ,
    I applied 187 direct entry last year April 2017 but i did not get any update i have some question
    1- how long it will take ?
    2- i am on student visa and i will exp next sep 2018 i have to extensions my student visa or i can live in Australia with 187 bridging until decision take
    thanks

    Aman

    Taking around two years processing time for rsms is such a harassment. All files should be processed within mentioned time at the time of lodgement.

    Rcb

    Hi Peng,

    I have found a new employer who is willing to sponsor me for rsms visa as a chef. My ielts certificate has scored listening 6.5, writing 6.5, speaking 6 however my reading i gor only 5.5 and obs is 6. Can we still lodge my rsms visa? then we just follow my new ielts certificate once I got the required scores. as I read that i need minimum of 6 in all section.

    John

    Hi peng
    I applied 187 visa transition stream as a cook in 27 april 2017, which is more than 9 month. I have’nt receive any news from immi yet.
    My bridging visa condition NIL ( what does that NIL means)
    And says when bridging visa is in effect, you will have full permisson to work.
    Now I am working full time as a cook under 187 bridging visa who sponsor me.
    My question is can i do another job after my full time job hour or in my dayoff?

    john

    hello peng,
    i applied for a retail manager position and as usual it got refused now i have heard lot of cases which are approved earlier and now most related cases are refused.Do you know what could be the reason behind this or what are the chances of winning at AAT and is there any other option to apply for a partner visa ?

    Thank you peng

    LC

    Hi
    Can you tell me you timeline? nomination and vise date?
    I am in the same boat like you.

    Thanks

    Avi

    Would you like to explain your case in more detail
    About refusal reason and which town and business
    Just getting idea

    Avi

    Hey Sonal
    Have your friends got rsms approved
    If yes then would u like to share please in which stream
    Coz I have not heard any positive response for rsms even though the files been applied for ages
    Please

    Nisha

    Hi Peng, in RSMS files what about office manager occupation from a hospitality services company with the staff of 50 and a good turn over around $ 2-3 million? Your views on this matter would be appreciated and helpful. Thank you.

    Mis

    August 2017? our application lodge September 2016….expect a massive delay.

    P.s

    Hi peng , i have applied 187 nomination as a chef in September 16 and visa in January 2017 offshore . Still waiting for result . I have renewed AFP & pcc already . Now my medical going to expire tomorrow. I heard immigration giving extension for 6 months to those who are waiting for results from long time . Is it true or need to redo medical aswell ?
    Thanks in advance

    Roop

    Hi p.s may I know from where did u get this information?? Bez I applied in June 2016 as well

    P.s

    Hi roop , i just read it somewhere so I’m not very sure about it . Even i spoke to my M.A he said no to redo medical .
    Have you got any reply for nom+visa from immigration yet?

    Roop

    No p.s I haven’t heard anything, waiting from last 20 months:(

    P.s

    That’s really weird . We are almost in same boat. What is your timeline ?

    Romi

    From Romi

    Hi Peng, Currently i am holding 485 Temporary graduate visa from last 1 year. I have applied 187 visa on last June 2017. At the moment, I have got also second job working with other employer. My questions is Can i work with second employer with casual part time work, after granted my visa. Although I have to stick with sponsored employer for two years with full time work.

    Manbir

    Hi Peng
    My wife is on tourist visa Subclass 600 with maximum 3 months stay condition and She also have Bridging Visa as a secondary applicant of Subclass 187.
    Her Tourist visa is Expiring in Oct 2018.
    My query is if she can stay more than 3 months while having bridging visa or she has to leave after 3 months.

    Thanks in Advance

    Samuel

    Hello Peng
    I have a question, do i need to do TRA on the visa 187 even though i got my certificate 4 and advance diploma in hospitality which I graduated and got all my certificate here in Australia?

    Riya

    Hi Peng,
    I have lodged my file on 03 nov 2017 for rsms as a cook . But I did not get RCV and any reply yet.
    Thank you

    swati

    HI, I am on a student visa now, I am main applicant. My husband is my dependent in my student visa, we have applied for 187 in October 2017, rcb got approved waiting for nomination, In this application my husband is the main applicant. My student visa is going to expire in march 2018 and my study is yet not finish. In this situation do i need to extend my student visa or can i go on bridging visa after march? as I am planning to lodge visa file in this week. and If I will go on bridging visa… Read more »

    Zac Knight

    Greetings Peng,

    I recently got my nomination refused as a retail manager, for the obvious reasons they’ve been justifying to everyone in regards to the duties being looked up more for a supervisory and not a managerial.
    I now have to go for a review or withdraw my file and go back home.

    My question here is, am I still eligible to apply for a student visa, as I still have my course to be finished, and I’m on BVB. Also, any other visa option.

    Thanks,
    Zac

    John

    I m in the exact same situation like you can i get ur contact number so we can discuss this issue