10 Things You Should Know About RSMS (Employer Sponsored) Subclass 187 Visa

10 Things You Should Know About RSMS (Employer Sponsored) Subclass 187 Visa
Posted by Migration Agent Adelaide
on October 11, 2018

Regional Sponsored Migration Scheme Subclass 187 Visa, popularly referred to as the “RSMS visa” is an amazing Australian visa for professionals who get sponsored to work in the regional areas of Australia. This visa lets you and your family members stay in Australia as permanent residents. Here are the 10 things you should know about RSMS visa and what it lets you (along with your family members included in the visa application with you) do in Australia:

1: What areas are considered as regional area under the subclass visa 187 Australia?

All parts of Australia except Sydney, Melbourne, Newcastle, Brisbane, Wollongong and Gold Coast are considered to be the regional area of Australia.

2: Sponsorship from Australian employer with an offer of employment at a skilled position.

Offer of employment from an authorized Australian business is significant part of Regional Sponsor Migration Scheme subclass 187 visa application. You must secure sponsorship for a skilled occupation in Australia to be able to apply for this visa.

The Temporary Residence Transition stream applicants must refer the Consolidated Sponsored Occupations List. The nominated occupation for the RSMS subclass 187 visa must have the same four-digit occupation unit group code as the occupation being carried out by the employee.

The Direct Entry stream applicants need to refer a special legislative instrument for the suitable nominated occupation. The occupations are defined in the legislative instruments IMMI 15/083 and IMMI 15/109. You will also need to get the Regional Certifying Body (RCB) approval before being able to nominate a position. More details about the RCB are explained below.

The Labour Agreement stream applicants need to check if an agreement is in place for the occupation being nominated. The occupation should have a Labour Agreement in place to be suitable for nomination.

If you need help with the nominated position, seek help and advice of Migration Agent Adelaide.

3: Available streams for the RSMS visa

There are 3 streams of the subclass visa 187 Australia:

(i) Temporary Residence Transition stream

Individuals who have already worked in Australia for at least two years with a sponsoring employer as a Temporary Work visa Subclass 457 holders can apply under this stream. There is no skill assessment, however; you will need to satisfy vocational English requirements unless you are exempt.

(ii) Direct Entry stream

One can apply under this stream if they have never or only briefly stayed and worked in Australia. Individuals who hold a 457 visa though do not qualify for the Temporary Residence Transition Stream

Are also eligible to apply under this stream. It is also available for the applicants applying directly from outside of Australia. You will need to satisfy competent English language requirements and the skills requirements.

(iii) Agreement stream

This stream is only applicable if you are being sponsored by an employer through a tailored and negotiated labour agreement. The age, skills and English requirements will be stated in the labour agreement.

4. Requirements of Employer for the RSMS Direct Entry

Organization need to offer a job position that will be available for minimum two years from the time the RSMS visa is granted. The occupation needs to be on one of the skilled occupations lists relevant for the RSMS visa. Before the Regional Sponsor Migration Scheme subclass 187 nomination and visa application the employer needs to apply for a Regional Certifying Body (RCB) certification. The RCB certification requires the employer to:

– Prove that they were unable to find a local Australian citizen or permanent resident to work in the position

– Show genuine need for the position

5. Requirements of the visa applicants for direct entry under RSMS.

Applicants applying for the RSMS Direct Entry visa need to meet age, English and skills requirements.

English Requirement: Must present competent score in IELTS or equivalent test such as PTE, TOFEL etc. The passport holders of the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland and individuals nominated for a selected group of nomination are exempted from the English requirement.

You must also meet the qualifications and skills requirement for the nominated occupation. The details of qualifications and skills required for each occupation can be found in ANZSCO list from the Australian Bureau of Statistics. Trade occupation applicants will need to obtain a skills assessment if the relevant qualifications were obtained outside of Australia.

All the applicants of Subclass Visa 187 Australia need to be under the age of 50, unless exemptions apply.

6. Benefits of the Direct Entry RSMS 187 visa

There are two benefits for applicants of the RSMS visa. Firstly, it is not subject to the Temporary Skilled Migration Income Threshold (TSMIT) which is $53,900 which means that unlike the 457 Temporary Work Visa the RSMS visa is suitable for occupations which have an annual market salary lower than $53,900 (such as cooks or restaurant and café managers). Secondly, the RSMS occupation list has more occupations than the Consolidated Skilled Occupation List (CSOL) used for the 457 visas. A good example is Hotel Service Managers which are available for sponsorship under the RSMS visa but not for the 457 Temporary Work Visa.

Other advantages would include the exclusion from 457 visa sponsorship obligations and the fact that visa applicants (the employee and family) will receive Australian permanent residence from date of grant, with access to Medicare and international school fee waivers.

7. Requirements for existing 457 visa holders under RSMS Temporary Transition

The key requirements for quick visa subclass 187 processing time to apply for the RSMS via Temporary Transition are:

– the applicant must have stayed in Australia with 457 visa and have worked under the same employer for minimum 2 years before applying. There are very limited exceptions for this

– the employer must have paid the right salary, superannuation and withheld taxes for the work done under the 457-visa employment

– the employer meets the Training Benchmark requirements. This means that the employer has provided an acceptable amount of training for its Australian citizen and permanent resident employees, or has contributed to a relevant industry training fund

8. Benefits of the Temporary Transition RSMS 187 visa

The required English ability is Vocational English, which is band score of 5.0 in all components or equivalent English test results. Skills assessments, demonstration of skills or qualification is also not required if the 457-visa holder has been employed in the position for at least 2 years. The Temporary Transition pathway also allows access to a health waiver, which can be beneficial to a family which may have a family member who is ill. Do note that there is no guarantee that a health waiver will be granted. Get in touch with Visa Agent Adelaide for professional help with your application.

9. Obligations under the RSMS Visa for the Employer and Employee

The most recent focus is on the “Payment for Visas” conduct where visa applicants have paid employers in return for a RSMS sponsorship. Recently passed legislation now allows both the employer and employee to be subjected to civil and criminal penalties, which include fines and imprisonment. The Department can also cancel the RSMS visa of the employee who engaged in such illegal conduct.

Besides, the Migration Act also allows the DHA to cancel the RSMS visa of an employee if:

– employee does not start working for the employer within 6 months of arriving in Australia

– employee does not make a genuine effort to stay and work with the employer for at least 2 years

10. Does one need help with a subclass 187 visa application?

There are multiple stages involved in RSMS visa application and is quite complex process for both the employee and the employer. Maximum of RSMS applications are prepared by experts in the field. You can rely on Migration Consultant Adelaide for efficient guidance and help with your visa file.

Besides using the services of a Registered Migration Agent provides accountability, consumer protection and expertise required to submit a strong application on your behalf.

At Migration Agent Adelaide we have a team of registered migration agents who can assist you with RSMS applications regardless of the industry. Moreover, below mentioned are the rights of an individual post getting this visa grant:

– Stay in Australia permanently

– Work for the organization (who sponsored you) for minimum 2 years

– Travel to and from Australia any number of times for a period of 5 years

-Study in Australia

Enjoy benefits of Medicare, First Home Buyer’s Grant, Family Tax Benefits, etc. Contact Registered Migration Agent Adelaide to get an Australian Visas.

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