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REGIONAL SPONSORED SKILLED MIGRATION SCHEME

The subclass 187 visa is a permanent visa for people who have an offer of employment of at least 2 years in regional Australia.

HOW THIS VISA WORKS

There are 3 separate applications that must be made to achieve grant of the subclass 187 visa:

1. Regional Certification – Your employer must apply to the designated regional body for certification (approval) of the nominated position if you are applying under the Direct Entry Scheme. To be successful in regional certification, you must generally show, among other things, that the position cannot be filled by an Australian employee.

2. 187 Employer Nomination – Once regional certification is achieved, you apply to the DHA for approval to nominate the position you want the employee to work in in your business.

3. 187 Visa Application – There are 3 streams to apply under:

4. 457 to 187 Grandfathering Provisions for Temporary Residence Transition Pathway

For people in Australia that held or had applied for a 457 visa at 17 April 2017, have access to what the Department of Home of Affairs (DHA) have termed the ‘grandfathering provisions’. This means those 457 visa holders affected can transition to a permanent subclass 187 visa under the laws that were in effect at that that date: that is working 2 years of the last 3 years in the nominated occupation; under 50 ; 6+ in IELTS or other prescribed test.

Applications for 457 & Subclass 482 Visas After 17 April 2017

Persons applying for, and granted, 457 visas or subclass 482 visas after this date must, when seeking to transition to the subclass 187 ENS Visa, meet law in effect at the time of application of the subclass 187 ENS visa application and their occupation must be on the Medium Long Term Skill Shortage List (MLTSSL).

July 15, 2021

Skilled Independent Subclass 189

July 15, 2021

Skilled Nominated Subclass 190

July 15, 2021

Skilled Regional Provisional Subclass 489

July 15, 2021

Skilled Regional Subclass 887

July 15, 2021

Graduate Temporary Subclass 485

October 12, 2021

491 Visa

Who can achieve grant of the subclass 187 visa?

TEMPORARY RESIDENCE TRANSITION SCHEME

To be able to qualify for this visa, you must:

If you held a 457 visa, or had applied for a 457 visa, at 17 April 2017, you must –

Hold a 457 or subclass 482 visa , or subclass 444 visa
be under the age of 50 at the time of application unless you qualify for an exemption
have worked at least 2 of the last 3 years in the nominated occupation for your nominating employer
worked full time in Australia unless overseas work meets strict criteria
possess the appropriate English language skills (6+ in IELTS) at the time of application unless an exemption applies
meet the necessary health and character requirements

IF YOU APPLIED FOR A 457 VISA OR SUBCLASS 482 VISA AFTER 17 APRIL 2017, AND HAVE HAD THE VISA GRANTED , YOU MUST –

Hold a 457 or subclass 482 visa
be working in an occupation on the MLTSSL
be under the age of 45 at the time of application unless you qualify for an exemption
have worked at least 3 of the last 4 years in the nominated occupation for your nominating employer
worked full time in Australia unless overseas work meets strict criteria
possess the appropriate English language skills (6+ in IELTS) at the time of application unless an exemption applies
meet the necessary health and character requirements

THE DIRECT ENTRY STREAM

To be eligible for grant of the subclass 187 ENS visa under the Direct Entry Scheme, you must

be nominated into an occupation that is on the Regional Occupation List (ROL)
have the regional certification application approved
be under the age of 45 at the time of application unless you qualify for an exemption
worked full time in Australia unless overseas work meets strict criteria
possess the appropriate English language skills (6+ in IELTS) at the time of application unless an exemption applies
meet the necessary health and character requirements

The Agreement Stream – to be eligible, your employer must have a Labour Agreement with the Australian government and have negotiated a permanent visa pathway for nominated visa holders.

WHERE IS REGIONAL AUSTRALIA?

The DIBP has designated the following areas as “regional Australia’ which is essentially most of Australia. The following are considered Regional areas for the purposes of RSMS sponsorship:

All of New South Wales except Sydney, Newcastle and Wollongong
All of Queensland except Greater Brisbane area and the Gold Coast
All of Victoria except Melbourne metropolitan area
All of the ACT
All of Tasmania
All of South Australia
All of Western Australia excluding Perth and surrounding area
All of the Northern Territory
All of Norfolk Island

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Turner Coulson Immigration Lawyers?

Regional Sponsored Migration Scheme (Subclass 187) are regularly refused for reasons such as not applying under the correct stream, not achieving approval from the RCB, misunderstanding of applicable law and policy or not attaching sufficient supporting evidence to establish legal criteria were met. The benefits of applying under the RSMS subclass 187 scheme however, are significant, for example processing is prioritized by the DHA, the range of available occupations is far wider and there is generally no skills assessment requirement or work experience requirement under the direct entry scheme. The Regional Sponsored Migration Scheme (Subclass 187) also has strict criteria which all must be met. It is essential that both the individual and the visa application are assessed, structured and lodged in a way to satisfy all applicable DHA law and policy. Turner Coulson (Immigration Lawyer Sydney) has years of experience handling the most complex cases and achieving positive outcomes in circumstances where the applicant would have failed if we were not involved.

We will assess your situation on an individual basis and provide you with the best advice to make your stay in Australia hassle-free.

What to do next and how to apply?

Getting the right advice upfront is essential so contact for a free no obligation discussion with one of our advisors who are ready and waiting to assist you applying for your visa.

Temporary Skills Shortage (482)

- Employer Sponsored Migration -