187 RSMS visa – Regional Sponsored Migration Scheme Requirements

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Update: The Department of Jobs and Small Business have flagged the following potential changes to the Skilled Occupation Lists in their May 2018 newsletter.

 

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.

 

Department’s current processing times (updated: 8 June 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:

 

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 12 months 13 months
Direct Entry stream 21 months 23 months

 

 

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 Australian 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.

 

 

187 visa 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.

 

 

187 visa Craig

 

Equivalent terms and 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).

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The 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.

 

187 visa Megan

 

How much does this visa cost?

 

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
  • RCB application fee: variable depending on RCB but generally around $600-$1,000

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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

 

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.


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Please firstly see FAQ and prior comments post which may answer your queries

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Talwinder

Hi Peng, This is Talwinder, currently on work permit at Nz, I have three years dairy farming experience in NewZealand and diploma applied technology and Agriculture this one complete at New Zealand, There is any way i can apply RSMS for Australia, Please let me know Thanks

Razz

Hey Peng, Does my experience count while working full time on bridging visa a?

hanna

Hello peng
My application for 187 visa was lodged on May 2017 when My ielts score was still in 17 month validity.The ielts score shall be expired on October 2018 . Im still waiting for my visa approval . If i could not get the granted visa by October 2018, do I need to update/retake a new ielts test?
Thank you very much.

Annie Brand

Hi, Peng, if I am currently applying for TSS visa to work as Advertising Specialist for a company in Melbourne, but they are potentially prepared to open a branch in regional VIC to sponsor me under SC 187 visa (TRT stream), does the mandatory 3 year work experience have to be obtained while working in the regional Australia only, or it can include my experience in metropolitan city. Thank you so much!

Bhaumick Patel

Hello Peng,
I am very impressed with your tremendous work.

I have applied for RSMS from India on 09 Septembe 2017 and still I am awaiting reaponse.

I have 2 questions to ask

Can I apply for visitor visa to australia???
And
If I get visitor visa in future will my RSMS apllication be my bridge visa for me to stay over my visitor visa time period??

Jaime

Hey Peng,
I am currently under a 457 visa for another year. My employer is an approved sponsor and is located in Perth, with a registered office in Karratha WA. My current employer wishes to sponsor me on a permanent basis. Will I be eligible to apply for a 187 Marketing speicalist if they relocate me to the office in the Pilbara?
Thanks,
Jaime

M.k

Hi Peng, actually I got my RSMS Visa granted as a cook in April 2018 in Queensland area now my employer wants to close business in Qld and relocate it in another regional area of nsw and wants me to continue work for him over there.Would that create any problem for me or I can work for my employer any where in Australia

Keren

Hey peng. I have applied for rsms as a hair salon manager in may 2016 and still havent heard anything yet. I am bridging visa c.
What other visas i can apply while being on bridging visa c?
Thank you.

Sam

Hi, I have applied for 187 visa cook occupation, according to the contract my wages will be 56k per year, some people are saying its over the market salary rate so can make trouble, does it really matter considering the cost of living in this area is so high and my employer is willing to pay the salary.
Thanks

Shazia

Dear Sir. I am on a 35-day BVC 030 visa that DIBp granted on 17/05/2018 after auto-withdrawing my 457 visa application (for 457 nomination refused). I have continuously worked on 457 visa for over 4 years on the same occupation (132511) and for the same employer in the regional VIC area. Can my employer lodge 187 TRT nomination and I 187 TRT visa application (without RCB and skill assessment) direct, OR do we need to lodge 482 applications first. please inform soon. Your fees?

Olex

Hello, Peng. My 187 RSMS (Nomination PART) was lodged on 08/09/2016 and after 14 months it was finally approved on 27/11/2017. Previously, on 07/09/2017 I have applied 187 RSMS visa (application PART). So, I have RCB certificate, Skill assessment approval, Nomination approval. I’ve been waiting more than 6 months since I’ve got my nomination. The question is – how long I have to wait for the visa decision after nomination approval? Some says that it can take 4 months … Thank you so much 🙂

Mark

Hi, Peng. I applied 187 visa from NSW in February 2018 and my lodged RCB in March but my RCB haven’t been approved yet. I am working at Toyota dealership as a motor mechanic. Should I prepare any other way to get PR such as 190 visa then I can start JRP from TRA. Thanks

Sammy

Hi peng Is immigration is looking for really big business to aprove rsms
.my work place is a small restaurent with 5 staff and I applied rsms as a restaurent manager .the business was lil bit loss on first year but its growing gradually on second year and had lil bit profit .Does first year profit and loss statement hamper my visa .currently i am working fulltime on market salary rate on same restaurent since from march 17.

I87 Visa

Hi Peng,

I applied 187 visa from ACT in November 2017. At that time processing time was 12 to 16 months but in Feb 2018 immigration increased the processing time from 17 to 19 months. Is current processing time will affect to my visa?

Thanks

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