The Regional Sponsored Migration Scheme (subclass 187) visa is a permanent visa for skilled visa applicants wishing to work in regional Australia.
The subclass 187 visa allows employers in a regional, remote or low population growth area of Australia to sponsor overseas skilled workers to fill skill shortages in their business.
The subclass 187 visa involves a three-step process:
- the employer must apply to the requisite Regional Certifying Body for approval;
- the Australian employer then applies to nominate an overseas employee; and
- the nominated overseas employee can then lodge a visa application.
This visa has three streams including the Temporary Residence Transition Stream, Direct Entry Stream and Agreement Stream.
Regional Area
Regional Australia includes all of the towns, small cities and areas that lie beyond the major capital cities (Gold Coast, Brisbane, Newcastle, Sydney, Wollongong and Melbourne).
Certifying Bodies
Regional Certifying Bodies must provide advice on an employer nominating under the Direct Entry stream before that employer can be approved by the Department of Immigration.
The regional certifying body assesses the nomination against the following criteria:
- there is a genuine need for a paid employee in a business operated by the employer;
- the terms and conditions of employment are the same as those that would apply to an Australian citizen or permanent resident performing the same work in the same location; and
- the nominated position cannot be reasonably filled from the local labour market.
There are Regional Certifying Bodies in each Australian State and Territory.
Nomination Requirement
An employer is eligible to nominate a skilled worker for the subclass 187 visa if they:
- are actively and lawfully operating a business in regional Australia (regional Australia does not include the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong or Melbourne);
- have a genuine need for a paid employee to fill a skilled position;
- offer a skilled position in the visa applicant’s field that is full time and ongoing for at least two years;
- pay a market salary rate;
- comply with Australian immigration and workplace relations laws; and
- there is no adverse information known about the business or any person associated with the business.
Visa Eligibility
Visa applicants for the subclass 187 visa need to meet the following requirements:
- be nominated by an approved Australian employer for a job in regional Australia;
- be under 50 years of age; and
- meet the skills, qualifications and English language requirements.
Compliance
The Department may cancel this visa if the visa holder does not make a genuine effort to begin employment within six months of the visa being granted/entry into Australia (as applicable).
Visa holders may also have their visa cancelled if they begin employment but do not remain in the position for the full two years. It is important for subclass 187 visa holders to make ‘genuine efforts’ to remain in their nominated position.