187 RSMS Visa

Please see latest 187 visa changes commencing 18 March 2018 here

This visa allows you and your family to live in Australia and work permanently in regional Australia.

This is a permanent residence visa. It allows you and any family members who have also been granted this visa to:

  • stay in Australia indefinitely
  • work and study in Australia
  • enrol in Medicare, Australia’s scheme for health-related care and expenses
  • apply for Australian citizenship (if you are eligible)
  • sponsor eligible relatives for permanent residence
  • travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia)

187 VISA (RSMS) CHANGES- (EFFECTIVE JULY 2017)

  • Occupations lists: 187 Visa Occupations List (RSMS List)
  • English language requirements: A requirement of an International English Language Testing System (IELTS) (or equivalent test) score of 6 in each component.
  • Age: A maximum age requirement of 45 at the time of application will apply to Direct Entry stream
    applicants. A maximum age requirement of 50 at the time of application will continue to apply toTemporary Residence Transition stream applicants
  • Integrity: A range of amendments have been introduced to enhance the integrity of the ENS and RSMS visas, including through requiring the nominated position to be genuine, and removal of the English language and skills exemption for applicants whose nominated earnings would be over $180,000.187 visa Changes-  (Effective December 2017)

Changes by December 2017

  • Before 31 December 2017, for permanent employer sponsored skilled visa programmes: – Tax File Number collection: The Department of Immigration and Border Protection (the Department) will commence the collection of Tax File Numbers for these visa holders, and data will be matched with the Australian Tax Office’s records to ensure that visa holders are not paid less than their nominated salary.
Changes from March 2018

From March 2018, for permanent employer sponsored skilled visa programmes:

  • Occupation lists: The MLTSSL will now apply to both the ENS and the RSMS, with additional occupations available to support regional employers for the RSMS.
  • Minimum market salary rate: Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold.
  • Residency: The eligibility period to transition to permanent residence will be extended from two to three years (people on  a 457 visa and wanting to apply for 186/187 visa).
  • Work experience: At least three years’ work experience relevant to the particular occupation will be required.
  • Age: All applicants must be under the maximum age requirement of 45 at the time of application.
  • Training requirement: Employers nominating a worker for an ENS or RSMS visa will be required to pay a contribution to the Skilling Australians Fund. The contribution will be:
    • payable in full at the time the worker is nominated.
    • $3,000 for small businesses (those with annual turnover of less than $10 million) and $5,000 for other businesses.

FAQ:

  • If you are granted a 457 visa after 18 April 2017 off the STSOL list, it can only be granted for 2 years. There will be one (only) further extension allowed after that for another 2 years. You will not be allowed to apply for a permanent 186/187 visa under that occupation if it is on the STSOL.
  • If I have held a 457 visa for the last 2 years and now eligible for 186 Transition(TRT) will I be affected by the new 3 years’ work experience requirement? We still do not know if this requirement has to be met at time of lodgement or at time of grant of the 186TRT visa.

                    Timeline of future 186/187 changes are:

  • before 31 December 2017– collection of TFN for 457 visa holders for ATO data matching, publication of sanctioned sponsors.

  • from March 2018 –the MLTSSL will apply to ENS/RSMS with additional regional occupations, Market salary rate will apply and meet TSMIT, eligibility period for PR extended from 2 to 3 years, at least 3 years’ work experience required, under 45 years of age, contribution towards training fund.

Regional Sponsored Migration Scheme (RSMS) Subclass 187 Visas

The Regional Sponsored Migration Scheme or RSMS visa is a permanent employer sponsored visa which requires a job offer in a Regional Area of Australia. The regional areas are specified by postcode by the Department of Immigration.
There are in general THREE STAGES to an RSMS application:

 

1.     RCB Certification: the Regional Certifying Body will ensure that the position is genuine and in many cases require that the position has been advertised
2.     Nomination: review of the business and position by the Department of Immigration
3.     Visa application: there are three pathways, and generally the skill level is lower than for the ENS program. Applicants must be aged under 45, unless exceptional circumstances apply.
RSMS Regional Areas:

 

  • The whole of Western Australia- all areas excluding Perth
  • The whole of South Australia
  • The whole of Tasmania
  • The whole of ACT
  • The whole of Northern Territory
  • New South Wales (NSW) – all areas excluding: Sydney, Newcastle and Wollongong
  • Victoria – all areas excluding Melbourne
  • Queensland- Except the greater Brisbane area and the Gold Coast
There are THREE possible application PATHWAYS for an RSMS visa: 1.     Temporary Residence Transition: where applicants have worked with the employer on a 457 visa for the last 2 years. In this case, no RCB certification is required and an English level equivalent to IELTS 6 is required.
2.     Direct Entry Stream: the position will need to be certified by an RCB, and the employee will need English level equivalent to IELTS 6. Applicants in trade occupations may require a formal skills assessment (from July 2018 the skills assessment criteria will be mandatory).
3.     Agreement Stream: where the employer has a Labour Agreement
Benefits of Applying for RSMS over ENS Visa: The requirements for RSMS are more straightforward than the 186 ENS mainly because:

  • The employer does not need to meet the training requirement (this will change after March 2018)
  • The visa applicant requires a lower level of skill for the Direct Entry Stream – most applicants do not require a skills assessment (to be changed after July 2018 and 3 years work experience required)
  • It is possible to apply for RSMS in a bigger range of occupations than ENS
Common Issues with RSMS Visas: The main difficulties employers face when obtaining RSMS visas are:

  • Obtaining an RCB approval – each RCB has different criteria
  • Showing exceptional circumstances where visa applicants would not meet the usual requirements for Age, English language ability and skill level

Employers

Information for employers who want to nominate a skilled worker (and members of their family unit included in their application), for this visa.

Who can nominate a skilled worker for this visa

You can nominate a skilled worker for this visa if:

  • you actively and lawfully operate a business in regional Australia.
  • you have a genuine need for a paid employee to fill a skilled position
  • you offer a skilled position in the applicant’s field that is full time and ongoing for at least two years
  • you pay a market salary rate
  • you comply with Australian immigration and workplace relations laws
  • there is no adverse information known about your business or any person associated with your business.

You must nominate the applicant in one of the three streams and meet the requirements of that stream.

Contact us today for a commitment free briefing with our Registered Migration Agents in Melbourne to find more about your visa options.

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