Regional Sponsored Migration Scheme (Subclass 187) Visa | All You Need to Know
The Regional Sponsored Migration Scheme (RSMS) (subclass 187) visa is a permanent visa that allows individuals to work and live in Australia. However, this visa has a limited scope of operation, as applicants can currently only apply under the Temporary Residence Transition (TRT) stream.
Who is eligible for the Regional Sponsored Migration Scheme (Subclass 187)—Temporary Residence Transition (TRT) Stream?
Applicants must also be either a ‘transitional 457 worker’ or a ‘transitional 482 worker’ to be eligible for the TRT stream.
To qualify as a ‘transitional 457 worker’ refers to:
An applicant will need to have held a Temporary Work (Skilled) (Subclass 457) visa on or after 18 April 2017 – the visa is closed to new applications.
To qualify as a ‘transitional 482 worker’ refers to:
Temporary Skill Shortage (TSS) (Subclass 482) visa holders in the medium-term stream who, on 20 March 2019, either held this visa or had applied for it.
As the Temporary Work (Skilled) visa has been abolished and the Temporary Skill Shortage visa has been replaced by the Skills in Demand visa on 7 December 2024, eventually, there will no longer be eligible applicants for the subclass 187 visa.
What are the Criteria for an RSMS (Subclass 187) Visa?
Applicants for this visa must be nominated by an employer that is a standard business sponsor (SBS) operating in regional Australia, as defined under LIN 22/022.
The standard sponsorship requirements apply here, including the requirements of:
having a genuine need to fill the position and
paying the Annual Market Salary Rate (AMSR).
Nominations last for a period of 6 months, so visa applications will need to be made within this time window.
Applicants will also need to meet the standard public interest criteria such as PIC 4001. Health assessment requirements under PIC 4005 or PIC 4007 are listed as additional criteria under each stream. Additionally, unless there is an applicable exemption, applicants must be below the age of 45.
What are the Age Exemption Criteria for the Regional Sponsored Migration Scheme (Subclass 187)?
Subclass 187 visa applicants may be age exempted if they meet any of the criteria below:
Academic applicants by a university in Australia
Regional medical practitioner applicants
Scientist, Researcher or Technical Specialist applicants by an Australian scientific government agency or Australian university
Subclass 457 or 482 workers
Transitional 457 workers under the age of 50 if held Subclass 457 on 18 April 2017
Applicants will need to have ‘competent English’ unless they hold an eligible passport or have completed at least 5 years of full-time study delivered in English.
Temporary Residence Transition (TRT) Stream For Subclass 187 Visa
The Temporary Residence Transition stream is currently the only available stream for subclass 187 visa applicants. It can only be applied for by transitional 482 and 457 workers with Temporary Skill Shortage and Temporary Work (Skilled) visas.
Under regulation 5.19 of the Migration Regulations 1994 (Cth), nomination applications must identify a subclass 187 visa made before 16 November 2019 unless the application is made under the Temporary Residence Transition stream by a transitional 457 or 482 workers.
In the 3 years before a subclass 187 visa application is made, an applicant must have held their subclass 482 or 457 visa for at least two years. They must also have been nominated by the same employer as their previous visa and have worked full-time for at least 2 years in the nominated occupation.
The nominated occupation must be the same occupation that was nominated for an applicant’s previous subclasses 482 or 457 visa. Eligible occupations for the medium-term stream of the Temporary Skill Shortage visa can be found under the Medium and Long-term Strategic Skills List (MLTSSL) and Regional Occupation List (ROL). A list of eligible occupations for a Temporary Work (Skilled) visa can be found under the now repealed IMMI 17/060.
Direct Entry Stream For Subclass 187 Visa
The Direct Entry stream for the subclass 187 visa was closed to new applications on 16 November 2019. If an individual tries to lodge an application, their visa application will be invalid, and they will not be able to obtain an approved nomination.
How Can Agape Henry Crux Help
If you think you are eligible for a Subclass 187 TRT stream visa application, seek tailored advice through a consultation with an Immigration Lawyer. Our Accredited Specialists in Immigration Law or our team of immigration lawyers and registered migration agents specialise in handling highly complex matters. You can schedule an appointment with us to check your eligibility for this visa pathway by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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