RSMS Subclass 187 VISA

This notification has been done on 17-02-2017.
RCB certification body in Perth, WA has suspended its operation and is not accepting any new applications. WA Direct Entry RSMS 187 visa applicants cannot lodge in WA until this suspension is lifted.

Are you an employer in regional Australia and unable to find locally skilled worker, do you wish to employ skilled overseas people to work in your business in regional Australia?
RSMS subclass 187 visa is specially meant for regional Australian employers to employ overseas skilled workers on a permanent basis when they are unable to source locally skilled workers.

Please check the current list of occupations for RSMS Subclass 187 VISAs:

Requirements for RSMS subclass 187 visa

You might be able to get this visa if you:

have been nominated by an approved Australian employer for a job in regional Australia
are younger than 50 years of age, unless you are exempt
applicant must hold a valid passport, unless it would be unreasonable to require them to do so
applicant must not be in immigration clearance
meet the skills, qualifications and English language requirements, unless you are exempt
apply under the stream for which you were nominated.

You can include the following people in your visa application at the time of lodgement:

your partner (married or de facto)
your or your partner’s dependent children
other dependent relatives
The application must include documentary evidence of their relationship to you and your family members must be able to show that they meet health and character requirements.​

You can add your partner and dependent children to your application at any time until your visa is decided.

187 visa processes has two steps, and three application streams:

Nomination of a position
Visa application

The three streams are:

Temporary Residence Transition (TRT) Stream
The temporary residence transition stream is for subclass 457 visa holders who have worked for 2 years, while holding a subclass 457 visa, in the same occupation with their nominating employer and who wants to offer them a permanent position in that occupation.

Direct Entry (DE)Stream
The Direct Entry stream is for certain skilled foreign workers in Australia or overseas who are unable to meet the TRT requirements. Applicants can already be in Australia working, or have never even entered or worked in Australia. This stream also includes special pathways for high income earners, and certain New Zealanders or New Zealander family members who have been working for their nominating employer for two years.

Labour Agreement (‘agreement’) Stream
The labour agreement stream is for people sponsored by an employer under a labour agreement that has been specifically negotiated with the Department. Labour agreements enable Australian employers to recruit a specified number of workers from overseas in response to identified or emerging Australian labour market (or skill) shortages.

An industry body, a company, an umbrella organisation, or an Australian government agency may negotiate for the entry of a number of people to fill positions across a wide range of occupations .A labour agreement is the only pathway that employers can use if they wish to engage overseas employees to fill occupations within ANZSCO 5-7.

The negotiation period for a Labour Agreement takes approximately six months, and once approved Labour agreements are generally effective for two to three years.

Regional Sponsored Migration Scheme (RSMS) subclass 187 visa process

This visa allows you and your family to live in Australia and work permanently in a regional area. A regional area is anywhere other than the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong and Melbourne. This is a permanent residence visa. It lets you and any family members who have also been granted this visa:

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)

Nomination of a position

Nomination is when an employer puts forward a positions and an assignee.

Temporary Residence Transition Stream

Specific criteria for nominators to meet under a RSMS TRT stream nomination are identical as the requirements under the ENS TRT stream nominations.

Direct Entry Stream

DE nominations under RSMS have an additional step in that they must also be assessed by a Regional Certifying Body (RCB) before they can be assessed and approved by the Department, however applicants do not need to wait for the result of the RCB assessment before lodging their nomination application with the Department. You may have to pay a charge to obtain advice from a RCB for the position you want to fill.

The RCB assessment should actually be undertaken by the particular RCB within the State/ Territory which has responsibility for the regional area where the position is based. Applicants must follow the RCB application procedures as specified by the particular RCB which they are applying to.

The RCB will provide a copy of its assessment to both the applicant and to the Department. The RCB assessment will provide advice to the Department as to whether:

there is a genuine need for the nominator to employ a paid employee to work in the position under the nominator’s direct control; and
the position cannot be filled by an Australian citizen or permanent resident who is living in the same local area as the nominated position; and
the terms and conditions of employment for the position will be no less favourable than the terms and conditions that are or would be provided to an Australian citizen or permanent resident for performing equivalent work in the same workplace at the same location.
While the RCB advice is not binding on Department officers who must themselves make a finding on all these three matters above, policy states that delegates may generally accept the RCB advice given the local specialised knowledge of the RCB.

Specific criteria for nominators to meet under a DE stream nomination include:

The employer must:

be actively and lawfully operating a business in Australia
have a genuine need to employ a paid person in the position in the nominator’s business, as advised upon by the RCB
have a business located in the regional area where the nominated position exists
have a satisfactory record of compliance with workplace relations laws of Australia
have nothing adverse known to the Department about the business background of the employer or its officers
The position must:

be located in regional Australia
not be able to be filled locally by an Australian citizen or permanent resident as advised on by the RCB
relate to an occupation that is classified under ANZSCO at skill level 1, 2 or 3
be in the nominator’s own business, not an associated entity
be full-time and available for at least two years, and not be subject to any express exclusion of the possibility of extending the employment
have working conditions no less favourable than those which would apply to an Australian performing equivalent work in the same location as advised on by the RCB
not be a position for on-hire to other businesses, if the nominator’s business activities include labour hire
be assessed by an RCB for their advice to the Department
The personal attributes of the nominee are not relevant to nomination approval under the DE stream and it is possible to change the nominee within six months of the nomination approval date, including in situations where the original nominee’s visa application has been refused.

Labour Agreement Stream

There are no specific legislative criteria nominators are expected to meet under a labour agreement stream. Approval of the nomination is an administrative formality, and the relevant nomination criteria (which form part of the already-approved Labour Agreement) are assessed at the visa application stage.

Visa Application

A visa application is made when a nominee applies for permanent residence to fill the nominated position.

Temporary Residence Transition Stream

The temporary residence transition stream is for subclass 457 visa holders who have worked for 2 years, while holding a subclass 457 visa, in the same occupation with their nominating employer and who wants to offer them a permanent position in that occupation.

Direct Entry Stream

Specific criteria for applicants to meet under a DE stream:

At the time of application:

applicant must not have turned 50 years of age, unless exempt
applicant must have competent level English, unless exempt
the nomination must have been approved no more than six months prior
And either:

the applicant’s guaranteed earnings will be at least equivalent to the current Australian Tax Office top individual income tax rate ($180,001 as at 1 July 2012); or
the applicant is currently in Australia as the holder of a subclass 444 visa or a 461 visa and has been working with their nominating employer in their nominated occupation for at least two years (excluding any periods of unpaid leave) in the last three years immediately before making their visa application; or
if the applicant nominates a gazetted trade occupation and does not hold a relevant Australian trade qualification, the applicant has a positive skills assessment from TRA or Vetassess as appropriate; or
the applicant demonstrates that they have the qualifications or experience listed in ANZSCO as being necessary to perform the tasks of the occupation

At the time of decision:

the applicant must meet any mandatory licensing, registration or professional member­ship requirements
the nominator will be the direct employer of the applicant
the position must still be available to the applicant
the nomination by the employer must have been approved and not subsequently withdrawn
all applicants must meet character requirements (police checks)
applicants over age 18 must sign the Australian values statement
all applicants must satisfy the health requirements (non-waivable)
all applicants must meet special return criteria

Labour Agreement Stream

Specific criteria for applicants to meet under the agreement stream:

At the time of application:

applicant must not have turned 50 years of age, unless otherwise agreed in relevant LA
At the time of decision:

applicant must meet any mandatory licensing, registration or professional member­ship requirements
the requirements of the LA have been met in relation to the application
the terms and conditions of employment of the position must be no less favourable than those which would apply to an Australian performing equivalent work in the same location
applicant has qualifications, experience and other attributes which are suitable for the position
the position must still be available to the applicant
the nomination by the employer must have been approved and not subsequently withdrawn
all applicants must meet character requirements (police checks)
applicants over age 18 must sign the Australian values statement
all applicants must satisfy the health requirements (non-waivable)
all applicants must meet special return criteria

Government Visa Fees (AUD)

$ NIL nomination fee (when position is in regional area)

$ 3,600 visa fee for the primary applicant.

Government fees for accompanying family members:

$ 1,800 visa fee for each secondary applicant over age 18

$ 900 visa fee for each secondary applicant under age 18

Our processing fees vary case to case and are subject to the complexity of the case and amount of work involved. We also offer initial consultations for those who want to better understand the visa process and their options, after which we will advise of our charges if you wish to proceed with us. Consultations cost from A$100-$200 or more depending on the complexity of the case.

How BMS Global Can Help You

BMS Global can assist you in preparing and lodging your RMSM subclass 187 visa application by providing the following immigration services:

We will liaise with the Department of Immigration and Border Protection on your behalf, managing all correspondence and requests they put to us
We will provide advice relating to the your migration goals for your selected visa category
We analyse current Immigration Law relating to your nominated visa category and keep you informed of any changes to Immigration Law that will affect your application as Australian Immigration laws are complex and frequently changing and should be constantly analysed
We assist in the completion and checking of the relevant application forms
Providing advice and assistance relating to documentation required to support the application Prepare any necessary supporting submissions to the Department of Immigration and Border Protection
Submit or lodge your application to the relevant Assessing Authority (Regional Certifying Body) or Department for processing as soon as possible.
Wherever possible, supply any further documentation or information requested by the Department on receipt of documents from the applicant.
Wherever possible, assist you to comply with any request made by the Department
Successful obtainment of subclass 187 graduate visas can give you the option to later apply for a permanent residency visa for Australia, and we will provide you the best possible advise for your dream to become a permanent resident of Australia

Please feel free to contact us anytime suitable to you and if you wish we can also provide you recruitment consulting service whereby you can target your prospective employer and we can discuss with your employer costs involved in applying for a RSMS Subclass 187 visa.
RSMS Subclass 187 VISA