What’s The Difference? Comparing Australia’s 187 & 186 Visas

 

The 187 RSMS (Regional Sponsored Migration Scheme) and 186 ENS (Employer Nomination Scheme) permanent residency visas have a lot in common. But these are still two different types of visas, and I think that a lot of prospective applicants are confused about which one of these visas is appropriate for them.

In this post, I will highlight the key differences between the 187 and 186 visas.

One thing that I’d like to point out is that like the 186 visa and despite its name, the 187 visa is an employer sponsored permanent residency visa.

Working in a regional area of Australia

You can only apply for the 187 RSMS visa if your nominated position is located in regional Australia. Your sponsoring employer must also be actively operating its business in this regional area. Regional areas are basically areas that are outside the major metropolitan centres of Brisbane, Gold Coast, Sydney, Newcastle, Wollongong and Melbourne.

The postcodes of the areas that are classified as regional are listed here. Note that the whole of South Australia, Western Australia, Australian Capital Territory, Tasmania and the Northern Territory are classified as regional areas (including the relevant capital cities of these states and territories such as Adelaide and Perth). In the final section of this post, you’ll find a detailed outline of what needs to be met in relation to working in a regional area.

In contrast, you can apply for a 186 ENS visa irrespective of where your nominated position is located in Australia, including regional areas.

Applying for 187 RSMS visa under the Temporary Residence Transition (‘TRT’) stream

You may be able to apply under this stream if you currently hold a 457 visa and the employer that is currently sponsoring you for your 457 visa is also going to sponsor you for permanent residency.

The eligibility requirements are almost identical to those that need to be satisfied for 186 ENS applications made under the TRT stream. I have outlined the requirements in this post about the 186 ENS visa. I’m not going to outline the eligibility requirements in great detail since they are covered in my earlier post, but I will summarise the requirements:

  1. You’re a primary 457 visa holder and you’ve worked full-time for at least 2 years (out of the last 3 years) in the role that you’re approved to work in under your current 457 visa (work in similar roles may be allow and may count towards the 2 years. See 186 ENS visa for further information)
  2. You’re nominated role for your 187 RSMS visa application must be a full-time position. The position must be made available to you for at least 2 years. The terms and conditions of employment can’t contain any conditions that would preclude the possibility of you extending your employment beyond the initial 2 years
  3. The terms and conditions of employment are no less favourable than the terms and conditions that is or would be provided to an Australian citizen or permanent resident that is working in the same role and location as the nominated position. This requirement is covered in greater detail in my post in relation to the ‘market rate’ requirement
  4. Your nominating employer has met the ‘training requirement’ that it needed to meet when their Standard Business Sponsorship was approved

Unlike a 187 RSMS application that is made under the Direct Entry stream, a 187 RSMS nomination application made under the TRT stream does not need to be certified by a regional certifying body (see below in relation to certification by regional certifying bodies).

What’s the advantage of applying under the 187 RSMS TRT stream?

If you’re a 457 visa holder and you’re looking to apply under the TRT stream after completing 2 years of employment in a regional area, then both the 187 and 186 visa options may be available to you.

The only real difference and advantage of applying for the 187 RSMS visa is that DIAC gives RSMS applications priority processing over ENS applications. DIAC may be able to finalise your application quicker if you go down the RSMS pathway but other than that, I don’t see any other advantages or major differences.

There is an advantage for your sponsoring employer because they do not have to pay a nomination lodgement fee for the 187 RSMS nomination application (the lodgement fee for the 186 ENS nomination application is currently $520).

Applying for 187 RSMS visa under the Direct Entry (‘DE’) stream

  • Your nominated occupation must align with an ANZSCO from major groups 1, 2 or 3. You can search for various ANZSCOs through the ABS website. This differs from applications made under the 186 ENS Direct Entry stream where your nominated occupation can be any occupation listed on the Consolidated Sponsored Occupation List
  •  The nomination application needs to be certified by the Regional Certifying body
  • In a nomination application made under the RSMS DE stream, the skill level specified for the nominated role must be at least be equal to the skill level specified for the relevant ANZSCO occupation. This does sound a bit complicated but the following example should illustrate this requirement: if your nominated role aligns with the ANZSCO of Mechanical Engineering Technician, the ‘Indicative Skill Level’ for this occupation is either: AQF Associate Degree, Advanced Diploma or Diploma or at least 3 years of relevant work experience. So you need to hold at least the required level of formal qualification or have at least 3 years of relevant work experience
  • Your nominating employer does not need to meet the ‘training benchmark’ requirement
  • Your sponsoring employer will need to show that the ‘market rate’ requirement is met

Skills assessment requirement for RSMS Direct Entry stream

The one major advantage of the 187 RSMS DE stream is that for those that are nominated into ANZSCO major 1 or 2 occupations, or a non-trade ANZSCO major group 3 occupation, you won’t need to complete a skills assessment. You still need to have either the required level of formal qualification or relevant work experience that is specified in the ‘Indicative Skill Level’ for the ANZSCO that your occupation aligns with.

So you may be able to apply for permanent residency before you complete 2 years of employment under a 457 visa, and without having to complete a skills assessment. You can also be exempted from having to do a skills assessment if your guaranteed annual salary is at least $180,001, or if you’ve worked for the employer that will sponsor you for at least 2 years as a Subclass 444 or 461 visa holder (New Zealand citizens and relatives of New Zealand citizens).

If your nominated ANZSCO is a trade occupation (from ANZSCO major group 3), then you need to have either a relevant Australian trade qualification or obtain a positive skills assessment for your occupation from VETASSESS or Trades Recognition Australia. This legislative instrument lists all the trade occupations for which you will need to complete a skills assessment or have a relevant Australian trade qualification.

Summary of when 187 RSMS visa may be right for you

If you’re working (or will be working) in a regional area and:

  • If you’ve worked full-time for 2 years as a 457 visa holder and you want to apply under the TRT stream. Applying for a 187 RSMS visa will give you priority processing over 186 ENS visa applications
  • Your occupation aligns with an ANZSCO from major groups 1 or 2, or a non-trade occupation from major group 3. You may be able to apply for a 187 RSMS visa without having to obtain a positive skills assessment
  • Your employer can’t meet the ‘training benchmark’ requirement. This requirement does not apply for RSMS Direct Entry stream applications
  • Your occupation is not in Schedule 1 or 2 but is in ANZSCO major groups 1, 2 or 3. Hypothetical example: Your employer or prospective employer wants you to work in a regional area of Australia, but they can’t sponsor you for a 457 or 186 visa because your occupation doesn’t fall into an ANZSCO that is on Schedule 1 or 2. However, your occupation aligns with an ANZSCO that is from major groups 1, 2 or 3. You may be able to apply directly for permanent residency under the RSMS Direct Entry stream

Your role must be in a regional area

Your nominating employer needs to operate their business in the regional area (although the employer doesn’t need to only operate their business in this area, or have their registered head office in the regional area). As the nominee, you don’t have to live in the regional area. You can travel to the regional area for work purposes. However, you can’t perform your role remotely. You need to be physically in the regional area to perform your role. For instance, if you’re an IT programmer and you’ve been offered a role in Perth, you can’t perform this role remotely from Melbourne and be eligible to be nominated for this role under the RSMS pathway.

If your role requires you to work in several locations, each of these location must be located within a regional area. Occasionally travelling to non-regional areas for meetings, presentations, training etc. is allowed. But if you need to regularly work outside of regional areas, then the nomination application won’t be approved under the RSMS pathway.

In terms of identifying a regional area for the nomination application, the relevant location is where the majority of your tasks and duties are carried out.

Professional Assistance

Need assistance with an Australian migration law matter? Please contact me if you require professional assistance.

See the feedback that we have received from our clients.

124 thoughts on “What’s The Difference? Comparing Australia’s 187 & 186 Visas

  1. Natasha

    Hi Peng,

    Firstly thank you so much for all this information on RSMS.i have been looking everyone to find info on the new rsms 187.

    My partner has been offered at least 2 years work in a regioal area and he is a fully qualified electrician so we are hoping we can go on the RSMS.

    The employer has never sponsored or nominated anyone before, what are the requirements. Sorry for asking on here im not sure if this is the right thread. Are you a agent because we would love to use you as you know exactly what you are talking about unlike some of the other agents we have spoken to recently.
    Many Thanks
    Natasha

    Reply
  2. Peng Cheng Post author

    Hi Khan,
    IELTS – If you’re applying under TRT (complete 2 years of employment as a 457 visa holder), you need test score of at least 5 for each of the 4 test components. If you’re applying under direct entry, you need test score of at least 6 for each of the 4 test components.
    Salary – employer needs to pay you the ‘market rate': http://myaccessaustralia.com/the-market-rate-requirement/
    Work experience – depends on the pathway you’re applying under. For instance, for direct entry, you need 3 years of relevant work experience.
    Thanks
    PC

    Reply
  3. Ryan C.

    Hi there,

    I am applying for RSMS application as i have been sponsored by my employer.
    I am also including my wife as dependent in my visa.
    I just wanted to know if she has to take IELTS test for English requirement .
    She has done her Graduation from India in English Language,shouldnt that be enough.
    Thanks.

    RC

    Reply
  4. Peng Cheng Post author

    Hi Ryan,
    I can’t confirm whether her qualification is sufficient, depends on the nature of her course. She needs to demonstrate functional English which can be demonstrated in a number of ways including:
    (a) the applicant provides evidence of having completed all years of primary education and at least 3 years of secondary education at educational institutions in which all instruction was conducted in English; or

    (b) the applicant provides evidence of having completed at least 5 years of secondary education at institutions in which all instruction was conducted in English; or

    (c) the applicant provides evidence of having achieved an IELTS average band score of at least 4.5 based on the 4 test components of speaking, reading, writing and listening in a test conducted:

    · not more than 12 months before lodging the relevant application to migrate; or

    · at the time of the processing of the relevant application to migrate; or

    (d) the applicant provides evidence that he or she has successfully completed, in Australia, at least 1 year of full-time study or equivalent part-time study towards a degree, higher degree, diploma, or associate diploma at an institution or institutions where all the instruction was conducted in English.
    (e) the person holds an award (being a degree, a higher degree, a diploma or a trade certificate) that required at least 2 years of full-time study or training; and all instruction (including instruction received in other courses for which the person was allowed credit) for that award was conducted in English.
    Thanks
    PC

    Reply
  5. FA

    G’day Peng.

    Really appreciate your blog and how you get back to specific queries. Got a quick question, I’m in the process of my 187 and got a positive assesment from the RCB. I’ll be going through the DE stream and was wondering how employer nomination fits into this. Or getting a positive assesment from the RCB lets you apply for the visa? How I see it is once RCB makes a decision on your case you go ahead and apply for your Visa??(based on the flow chart on the RSMS process found in Booklet 5) Correct me if i’m wrong..

    Thanks

    FA

    Reply
    1. Peng Cheng Post author

      Hi FA,
      Appreciate the positive feedback. The positive RCB outcome is good indicator. Your employer will now need to start the 187 nomination application (http://www.immi.gov.au/e_visa/ens-rsms.htm). They will need the positive RCB outcome in this application. Once they have started to nomination application, they can give you the nomination TRN so that you can start the online visa application.
      Thanks
      PC

      Reply
      1. Peng Cheng Post author

        Hi FA,
        It really depends on your agent so it is best to ask him or her. For my applications, if the nomination and visa are both decision-ready, then I don’t see why you won’t lodge both at the same time. And yes, in my experience, its good to lodge both the nom/visa at the same time as both applications are generally assigned to the same case officer.
        Thanks
        PC

        Reply
  6. rick

    hi peng,
    thanks for running this forum it has answered a lot of my questions just by reading previous comments.
    im currently on a 485 visa in SA, my employers have agreed to sponsor me to live in oz under the RSMS scheme. my employer and my main confusion is providing,

    “the evidence of peer review by one of the groups confirming the employer has exhausted available recruitment processes and cannot fill the nominated position from the local labor market.”

    we have the governing body, the restaurant and catering association, willing to provide the letter, but we do not know what to include in the letter?! and how long do we have to hold the advertisement for the job and what reasons to provide for rejecting applicants. PS: I have been doing this job for 3 years now and my employers are happy with my work want me to continue on, hence the sponsorship.
    do i have to go through all the RCB process’ even if I have been in the position for up to 3 years at the correct pay? so confused
    any help will be greatly appreciated..
    thanks

    Reply
    1. Peng Cheng Post author

      Hi Rick,
      Yes, you have to go through the SA RCB because you not applying as a 457 visa holder that has completed 2 years of employment. Honestly with satisfying the RCB requirements, you should call the RCB and ask them to outline their requirements. In my experience, what the RCB actually wants in the nomination application can be easier than what is indicated on their website. I haven’t dealt with the SA RCB before so I don’t have any experience to pass on…
      Just give them a call, have their form and requirements handy, and confirm with them what needs to provided.
      Hope that helps.
      Thanks
      PC

      Reply
  7. Hoa

    Hi Peng, you have done great job with all your excellent advice…

    I need your help please. Can you please let me know if I ask for sponsorship from my company for 187 RSMS under Direct Entry can I pay all charges involved on behalf of my company, including nomination lodgement fee? Can I tell them they will not have to pay anything ’cause I am allowed by law to pay for the company?

    Also, does my employer need to prove that the sponsored role cannot be filled by a local person through advertisement, etc…I recall that I read somewhere before this requirement (proving the position cannot be filled by local labour market) is no longer required. I am just afraid my employer will not agree to sponsor if the procedure is too complex. I need your advice please.

    Reply
    1. Peng Cheng Post author

      Hi Hoa,
      Thanks! Much appreciated.
      You can pay all the fees, there is no legal obligation on your employer to do this.
      The RCB that you have to deal with will have its own requirements, which may require advertising and testing of the local market. If those are the requirements, then that is what your employer needs to undertake.
      Thanks
      PC

      Reply
  8. Steve Pollet

    Hello Peng,

    My name is Steve, I’m French. My employer is a school in regional Australia, and I’m working there as a French Teacher since January,while I was on WHV. I have a bachelor of Education from France which gave me permission to teach for 3 years from the Victorian Institute of Teaching (VIT).

    I lodged my application for the 187 RSMS direct entry stream. I paid the fees, and provided a lot of documents.

    My question is : do I need a skill assessment as a secondary school teacher ?

    It seems like no after reading your blog.

    And from the DIAC website, RSMS 187 visa application document checklist :

    A. Direct Entry Stream
    This section will relate to applicants who are applying for a RSMS visa through the Direct Entry stream.
     Skills and qualifications – Must meet at the time of application

    Applicants who are nominated in an occupation specified in an instrument See: http://www.comlaw.gov.au/Details/F2012L01281 and have obtained their qualifications from outside of Australia must provide evidence that their skills have been assessed as suitable by the relevant assessing authority (i.e. skills assessment);

    Secondary school teacher is not in this list. So does it mean that I don’t need this skill assessment?

    Thanks in advance for your answer,

    Best regards,

    Steve

    Reply
    1. Peng Cheng Post author

      Hi Steve,
      Your understanding is correct. For the 187 visa, you do need to hold any kind of compulsory registration for your profession. You said that you have permission to work from VIT. You’ll need to check with VIT whether you need any kind of registration as a teacher when you apply for PR. Some bodies require the applicant to complete a skills assessment as part of the registration or licensing process.
      PC

      Reply
  9. saurabh j

    Hy Peng,

    My name is saurabh,

    My employer in regional NSW is ready to sponsor me under 187 RSMS visa DE.
    My query is that I want to apply as retail manager and my occupation is not in CSOL schedule 1 , 2 but it shows in ANZSCO group 2 .

    Can I still apply for the RSMS visa.

    I would really appreciate your reply.

    Thanks

    Reply
  10. Gurpreet

    Hi Peng,
    I have applied for 187 visa subclass.
    I have submitted certificate 3 and diploma of hospitality. The position is for cook.
    Do i need certificate 4 in hospitality as well?
    I beleive diploma of hospitality is equivalent to certificate 4.
    Thnks in advance!

    Reply
  11. Witt

    Hi Peng Cheng

    I’m now studying commercial cookery in ACT and also work as a kitchen hand and casual chef in a restaurant. I’m going to graduate Cert III by the end of this year so i was wondering if i can apply for Subclass 187 (if i can talk to my employer to sponsor me) at that time or do i need to wait until i finish my Cert IV next year before i can do it.

    Reply
  12. Robbie

    Hi Peng,
    I had finished my certificate 4 in commercial cookery and applied 187 visa but i am on 573 and still on student visa currently studing diploma in hospitality cuz my agent asked to maintain student visa until my visa get approved and I have got roughly 2 and half year part time experience.
    As well my friend did the same and he is also on 573 and studing diploma in hospitality and applied 187 on july but when he applied he had only 1 and half year experience. His case officer asked him that he should have atleast 2 year experience to apply 187 because 187 policy changed from may 2013. So what is going to happen with me in my case if it results same as my friend what should I do ??. I asked with my agent and he advice that it is just a policy and if my result is same as my friend i can appel MRT for 187 and there is chances to win. Please advice.
    Thanks in advance.
    Robbie

    Reply
    1. Peng Cheng Post author

      Hi Robbie,
      You need 2 years of experience now for the 187 visa if you are applying for a Cook role – but you say that you have 2 years of experience.
      PC

      Reply
  13. Tiffany

    Hi Peng

    Could you please specify what you mean by the below:

    Your occupation is not in Schedule 1 or 2 but is in ANZSCO major groups 1, 2 or 3.

    Could you please explain a little bit more on Schedule 1 or 2? Don’t they all refer to the consolidated skilled occupation list? How can one sponsor cannot sponsor someone if their occupation is in the CSOL, but can sponsor them in major groups 1,2 or 3? Confused. Can you give an example?

    Thanks Peng!

    Reply
  14. Robbie

    Hi Peng,
    Thanks for the reply but like I told you above I have got 2 and half year of part time not full time experience. According to policy it says 2 year of full time experience so was just confused what will my application result and if I can apply MRT if they ask for more experience.
    Please suggest. Thanks in advance.
    Robbie

    Reply
    1. Peng Cheng Post author

      Hi Robbie,
      Below policy extract suggests that part-time work experience can be counted if it is at the right level:

      If the applicant relies on an Australian qualification, that qualification must be as specified within the ANZSCO framework for that occupation. For example, if the nominated position were that of a cook (ANZSCO 351411), the applicant must:

      • hold a relevant AQF Certificate IV or
      • hold a relevant AQF Certificate III including at least two years of on the job training or
      • have at least 3 years of relevant experience.
      If the Certificate III was obtained without the formal on-the-job training component, to satisfy the skill requirement the applicant must have at least 2 years post-qualification experience, obtained on a full time basis or its part-time equivalent. The 2 years of post-qualification experience is taken to be equal to the on-the-job training component. This is to ensure that the qualification is relevant to the tasks of the occupation and that the applicant indeed has the practical skills required to perform the task of the occupation.

      Under ANZSCO, there is no requirement of 2 years of on-the-job training for Certificate IV qualifications. However, under policy, if:

      • higher level Certificate IV and Diploma qualifications in terms of their practical skills essentially consist of Certificate III units and
      • these higher level courses do not provide for 2 years of on-the-job training in their own right
      such Certificate IV and Diploma qualifications cannot substitute for the Certificate III requirement of 2 years of on-the-job training. That is, Certificate IV and Diploma qualifications that largely consist of practical Certificate III qualifications must also include 2 years of relevant on-the-job training or, in the absence of these, require 2 years of relevant post-qualifications experience.
      PC

      Reply
  15. Jan Tan

    Hi Peng,

    May I ask a question regarding my recently lodged application for rsms. I am currently working in western australia and now applying for permanent residency through rsms. Is it possible that my application be sent/filed in NSW as written in the acknowledgment letter/receipt considering that I am applying here in Western Australia? I got worried about it thinking that there may be a problem.

    Thank you very much.

    Reply
  16. Nistah

    Hi sir,

    I have a certicate 3 , 4 and an advance diploma in hospitality and management. I have overseas experience as a cook for around 4 years post qualification and a 1 and a half years as partime as a cook in Australia. I apply for my 187 on the 26 may got my acknowledgment 2 days later then I have just got the regional body approved today. But I am very confused about the rumour that I must have 2 years full time experience as a cook after my qualification I also have to add that when I did my tra I got a provisional TRA . Please help

    Thanks,
    Nistah

    Reply
  17. valerio

    hello Peng,

    I`m an italian hairdresser on a 457 visa with more than 3 year full time work experience. In the past I obtained a successful job ready program outcome( from TRA as recognition of my skill).
    As I wish to apply for ens/186 visa as soon as I qualify for it, could you please tell me wether or not the above skill assessment is satisfactory or I ought to need to apply for a different one?

    many thanks ,

    sincerely yours,

    Valerio

    Reply
  18. Paul

    Hi Peng,

    My employer received positive feedback from the RCB and his nomination has been lodged with DIAC – current;y waiting for a case officer. Do I need to wait for DIAC to approve my employers nomination before I submit and pay for my online application or can I go ahead an do this now?

    Regards,

    Reply
    1. Peng Cheng Post author

      Hi Paul,
      You can lodge the visa application now – although waiting for the nomination approval does eliminate the risk of the visa being refused because the nomination is refused.
      PC

      Reply
  19. Yvonne

    Hello Peng,
    First of all thanks for the informative post! I am a dietitian (ANZSCO25111) works in regional areas and my employer has agreed to sponsor me for 187. My question is –is 3 year working experience compulsory if I would like to apply via Direct Entry Stream? or it is occupation specific as per ANZSCO’s requirement?
    Thanks in advance,
    Yvonne

    Reply
    1. Peng Cheng Post author

      Hi Yvonne,
      For the 187 visa, there is no 3 years of work experience requirement for the DE stream if your nominated role is Dietitian.

      Reply
  20. ash

    Hi peng,
    I had to go offshore to apply for a 187visa and wait for
    Residency. I got an email today stating my nomination has been refused.
    While gng thru my agent mail ive notice that he made a big mistake
    About my duty list..I fall under anzco 411712 as a disability support
    Officer n my agent has submitted a duty list of residential care officer which
    Is 411715..now I would like to know if I can talk to my co at the immugration
    Telling her where the mistake is as my agent is denying it.
    Second if I go for an mrt is it worth it.

    Thank u

    Reply
    1. Peng Cheng Post author

      Hi Ash,
      No I don’t think that you are allowed to change the nominated ANZSCO – even if your agent has made a mistake.
      To apply under the 187 visa DE stream, the following needs to be satisfied:
      The tasks required (and accordingly the nominated position) corresponds to an occupation at an ANZSCO skill level of 1, 2 or 3. These skill levels generally correspond to occupations which are managerial, professional, or trade based. This means that if you are nominating a position within the ANZSCO code, it needs to begin with a 1, 2 or 3 (eg, Engineering Manager ANZSCO 133211, Registered Nurse ANZSCO 254412 or Motor Mechanic ANZSCO 321213).
      ANZSCO 411715 and 411712 are not sponsorsable.
      PC

      Reply
  21. deep

    hi peng,
    ur website is very helpful.i want to ask u as a hairdresser wth cert 3 and cert4 and diplomma in business managment.did i need experience and skill assessed ,as i applied under for anzsco 391111.ii am so scared now.i applied under direct stream.
    can i change for that cateory like salon assistant or manager if they dont need experience. plz plz advise me peng .thanks

    Reply
    1. Peng Cheng Post author

      Hi Deep,
      Once you have lodged your application you cannot change nominated ANZSCO.

      In relation to the 186 visa Direct Entry Stream, you need 3 years of experience in the nominated role as well as a positive skills assessment from an assessing body.

      If you applied for the 187 visa regional then you will need 2 years experience or on the job training in addition to your education requirements. This requirement is not law (that is, not in the migration regulations) but is contained in the Department’s policy which they will enforce.
      PC

      Reply
  22. Peng Cheng Post author

    Hi FRI,
    No you shouldn’t need one for the 187 visa if you are registered to teach in that state.
    PC

    Reply
  23. FRI

    Hi Peng,

    I am interested in getting your services, I have seen one Migration agent and she said I needed one skill assessment for this visa, can you please tell me if you would be available? Then, if I am offered a job through a public school in SA, would it be the school or DECS (the Department of Child and SCHOOL DEVELOPMENT OF sa) the sponsor entity?

    Thanks for your quick reply

    Reply
  24. michelle

    Hi my husband and i are have been in Australia since April this year on a employer sponsored 4 year 457 visa, we would like to get P.R. visa as soon as we can we are thinking of a 186/187 visa but would like to change employer as soon as we got PR. would we be able to do this. Also my husband has a AQF CERT 111 in his job as a boilermaker would he still have to have skills assessed for the visa process or would we be able just to provide his certificate thanks

    Reply
    1. Peng Cheng Post author

      Hi Michelle
      To apply for a 186/187 visa you and the employer make a commitment to be employed in that position for 2 years. If you cannot make this commitment then you should not apply for this visa.
      In the visa application form, as the applicant, you are required to declare that you:
      1. Agree to work in the nominated position for at least two years
      2. Understand that if you as the applicant, or any family members included in the application or third parties acting your behalf, provide (or have provided in a previous application) false or misleading information, or bogus documents either knowingly or otherwise, the visa application will be refused and you may be subject to three year bar in relation to visas to which the fraud criterion applies. Any visa granted may be cancelled.
      PC

      Reply
  25. viv

    Hello
    I just want to know.I have done Diploma in Community welfare.My degree accessed was welfare worker.
    My company want to sponsor me as a Disability services officer for Rsms.
    They are located in regional area.
    Can they sponsor me because position Disability services officer is in ANZSCO 4.

    Reply
    1. Peng Cheng Post author

      Hi Viv,
      For RSMS, you need to nominated an ANZSCO that is in levels 1-3. Disabilities Services Officer can’t be sponsored under a RSMS visa since it is in Group 4.
      PC

      Reply
  26. Kristelle

    Hi,

    I had my qualification as an industrial designer but my nomination position is graphic designer and I’ve been working for a year after graduated from uni. Today the case officer rang up and said my qualification and skill assessment are different from my job even said the case might be rejected because of that. she said she’s trying to see if the two disciplines are relevant, if not it won’t be accepted. However, 187 does not require skill assessment and plus i’ve been working for a year as a graphic designer and being sponsored. Could you give me some advice about what I could do?

    Reply
    1. Peng Cheng Post author

      Hi Kristelle,
      All I can say is that a 187 visa does not require a skill assessment if the nominated role is graphic designer. However, you still need to have a qualification that is considered to be relevant – your case officer may have an issue with your qualification rather than your skill assessment.
      PC

      Reply
  27. Fiona

    Hi,
    I am under the process of applying for a 187 visa with my employer based in South Australia. My husband is currently looking for a job. My question is: can he work in another state or in a big city with this visa?

    Reply
    1. Peng Cheng Post author

      Hi Fiona,
      Dependent 187 visa holder doesn’t have to be living in the same state as where the primary visa holder is living.
      PC

      Reply
  28. peter

    hi peng I am on a student visa right now. however I have been offered a job under CSOL in a regional part of Australia in Victoria. Its possible for me to get 187. however my student visa is still cu rent. Is it possible for me to apply for the RSMS 187 so i can start working, or do i have to cancel my student visa. Also how many hours can i work under this arrangement for the employer as I would still be under student visa. Pleas help me
    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Peter,
      While you remain on the student visa, you need to comply with the conditions of this visa. Lodging a 187 visa application doesn’t change the conditions of your student visa or your work rights.
      You should be able to lodge a valid 187 visa application – but until you are granted a 187 visa, you remain on your student visa while it is valid and you need to comply with the conditions of this visa.
      PC

      Reply
  29. Joel

    Dear Peng

    Thanks for maintaining such a detailed website for advising on this topic.

    I am currently on 457 visa for the past 3 years as a physiotherapist and have recently been nominated for a permanent role in the same regional practice under the 187 visa.

    It looks like all my paperwork has come through clear as the CO has contacted me and the sponsor now. However, it looks like there is an issue with the sponsor meeting training benchmarks for Australian employees since becoming an approved sponsor. I understand this looks like a honest misinterpretation of required benchmarks as we are a very small business.

    I feel there is a high likelihood this may lead to a rejection of nomination with an audit and penalties on the sponsor for this infringement. What is your take on this, is there a way the DIBP deals with these situations in your experience.

    Is there a way the sponsor can retrospectively rectify this mistake now ?

    Thanks

    JS

    Reply
    1. Peng Cheng Post author

      Hi JS,
      It may not be possible for the sponsor to rectify the situation because they may have needed to pay for the training at a particular time in the past. The action that the Department can take is complete discretionary and can’t really be predicted – they could just issue warnings and/or fines, or they could cancel the sponsorship which can lead to the cancellation of your 457 visa.
      PC

      Reply
  30. imtiyaz

    Hi,

    My AVG IELTS score as 7 band but not in each module. (L8 W6 S6 R7).
    I want to know hoe many points are required for visa sub-class 186/187

    Reply
    1. Peng Cheng Post author

      Hi Imtiyaz,
      There is no points requirement for the 186 and 187 visas, which are employer sponsored visas.
      PC

      Reply
  31. Rafael

    Hi all

    My employer wants to sponsor me as a Customer Service Manager. I don’t have a degree neither diploma, but I do have three years experience in the role.
    Am I eligible to apply under the 187 Direct Stream entry?

    Many Thanks

    Reply
  32. Rafael

    Ok, I appreciate your quick replay. why does it say, under the Customer Service Manager description, that 3 years of relevant experience could substitute a qualification??

    Thanks again

    Reply
    1. Peng Cheng Post author

      Hi Rafael,
      You need to hold a relevant qualification for the 187 visa – experience cannot substitute for this.
      PC

      Reply
  33. Maeklin

    HI Peng
    Someone state that the Immigration department will group the different occupation to allocate different case officers. And the rarer your occupation is the faster DIAC will process. Is it ture?
    Cheers
    Malean

    Reply
  34. Mihir

    Hi Peng,

    I have recently started working in WA in the role of a market researcher…the closest occupation in the list is market research analyst. I have completed my adv masters of business in marketing from Univ of Queensland, but have little work experience in the field and i am confident of securing 7 in each band IELTS as well.

    Q1. Am i eligible to apply for 187 under DE?
    Q2. what is the exact skill criteria in terms of years of experience to be eligible?

    Thanks a lot for your help.

    Reply
    1. Peng Cheng Post author

      Hi Mihir,
      If the nominated role is Market research analyst for a 187 visa application, then you won’t need a skill assessment for the purpose of the visa application.
      PC

      Reply
  35. Pragnesh Patel

    Hi, I am on 573 student visa and doing Master in Professional accounting in Adelaide. I also work with one fruit shop as store manager and my employer is sponsoring me under 187, as I did bachelor of business administration from india and I got 7 band in ielts. Can I start the process while I am studying under 573 streamlined visa? Plz reply me . Thanks in advance.

    Reply
    1. Peng Cheng Post author

      Hi Pragnesh,
      You should be able to lodge a valid application if your student visa does not have a ‘no further stay’ condition on it. But a store manager at a fruit shop may not be eligible under the 187 visa.
      PC

      Reply
  36. Australian Visa Seeker

    Hi there!

    I am 41 years male, and positively assessed by VETASSES in April 2012 as Marketing Specialist. Before Jan 2013, I submitted EOI for 190 subclass with 60 points (IELTS overall band 6.5) but, on Jan 02, 2013 when I turned to 40 years my points dropped to 50 points. Now I have submitted my EOI for 186 and 187 subclass but, unfortunately my VETASSES assessment is going to expire in April 2014.

    My question is; Do I need to re-validate my VETASSES assessment or I can still wait for sponsorship under 186 and 187 subclass?

    Regards

    Reply
    1. Peng Cheng Post author

      Hi,
      If you want to apply under the DE stream for the 186 visa, then you need a positive and valid skill assessment at the time of application.
      You don’t need a skill assessment if the nominated role is marketing specialist for a 187 visa application.
      PC

      Reply
  37. Malik

    Hi Peng
    I am doing my Cert IV in Business Management n driving regional taxis
    Can my taxi co sponsor me as Business Manager
    I dont have any exp in this field in Australia but I have worked in India
    and with Cert IV what does 2 year on job training mean ??
    does it mean training after sponsorship???
    Thankyou

    Reply
    1. Peng Cheng Post author

      Hi Malik,
      Generally speaking, most management roles require you to have a bachelor degree in order to apply for a 457 visa. Some, like customer service manager, allow you to have a diploma. But I don’t think that having a Cert 4 will be sufficient for a management role for the purpose of a 457 visa.
      PC

      Reply
  38. Martina Greenaway

    Hi
    I am currently working as a clinical Nurse Leader in Community Mental Health Drug & Alcohol for NSW I can here from Uk under 457 visa with my husband & 2 children I will be here 1yr June 22nd 2014 My plan is to wait 2yrs & apply for permanent residency under 187 visa My question is How much will that cost children are now 12yrs & 14yrs
    Thanks In advance for your help
    Great website & great questions & answers
    Thanks
    Martina

    Reply
    1. Peng Cheng Post author

      Hi Martina,
      The fees will change by the time that you apply – the law may even change. Current fee is $880 per child under 18.
      PC

      Reply
  39. Mary

    Hi Peng,

    My employer is willing to sponsor me for Visa 187 (I currently have visa 457), he has already submitted the nomination. When he sponsored me for Visa 457 he had to agree with meeting one of the benchmark requirements (He had to pay 1 or 2 per cent of the payroll or something like this), but he did not pay anything, because there was no bank account detail or any other detail provided.
    He submitted his nomination for Visa 187 – with a tick in a box which said he did not pay anything to meet benchmark requirements – and I would like to know if my visa application can be refused, because of his omission? Shall I submit my application or should wait until we get a response from Immigration?
    Thank you for your answer.
    Regards,
    Mary

    Reply
    1. Peng Cheng Post author

      Hi Mary,
      If you are applying under the TRT stream, the employer needs to satisfy the training requirement. Can’t see how the Department can approve the nomination if this requirement is not satisfied. You can wait for a decision on the nomination, and then lodge the visa if the nom is approved.
      PC

      Reply
  40. manoj

    Hai Peng Cheng,
    This is very useful site for the those who are seeking new visas.
    I would like to know about RSMS187 visa works in offshore?how this application identified its offshore ?and during this processing time can I travel to outside Australia or inside to Australia if I have a valid another visa subclass457?
    thanks

    Reply
    1. Peng Cheng Post author

      Hi Manoj,
      Generally speaking, it is an offshore application if you are outside of Australia at the time of lodgement. You can use a 457 visa to travel in and out of Australia as long as it is valid.
      PC

      Reply
  41. Kirkhh

    Hi dear,
    I am following this blog from long time.
    I am on 457 visa. Can you let me know how much time i have to start wort after 457 visa granted?
    I want to start after two month. Will this be fine?
    Also can my owner pay me cash after tax?

    Reply
    1. Peng Cheng Post author

      Hi Kirkhh,

      Once the visa is granted, you probably can’t work for any other employer unless the below applies – although starting 2 months after visa grant should be fine:

      Under condition 8107 which applies to primary 457 visa holders, you can only work for your sponsoring employer and in your approved role. The exception to this is when you’re changing your employer and 457 visa sponsor. Even after the 457 nomination application for your new employer has been approved and your sponsorship has changed to this new employer, you can continue to work for your former employer and sponsor to ‘fulfil a requirement to give notice of termination of employment’.

      You should’t be paid in cash.

      PC

      Reply
  42. Meai

    Hi,
    I am on 457 visa.
    My question is, can i go back to my country for 2-3 months.
    Or there is any specific time?
    I aware i only will get 4 weeks annual leave. But if i go overseas for 2-3 months will this affect my visa?

    Thank you i

    Reply
    1. Peng Cheng Post author

      Hi Meai,
      Yes you can leave for 2-3 months – this shouldn’t impact your visa. You can use that visa to leave and enter Australia as long as it is valid.
      PC

      Reply
  43. Amma

    Hi,
    My question also similar.
    As a 457 visa holder can i leave country for 3-4 months.
    Or this will affect my visa?
    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Amma,
      Yes you can leave for 2-3 months – this shouldn’t impact your visa. You can use that visa to leave and enter Australia as long as it is valid.
      PC

      Reply
  44. Lucky

    Hi Sir,
    I am on 457 visa.
    I went to india last month. I was on piad leave but my employer didn’t transfer me my annual leave in account while i was there.
    Now i came back and he paid me 4 weeks paid annual leave by cash.

    I just have a question that can he pay me annual leave by cash?
    Thanks
    He said its ok.
    But I am just confused.

    Reply
    1. Peng Cheng Post author

      Hi Lucky,
      No he shouldn’t be doing that – all salary payments should be properly recorded, such as cheque payments, bank transfer etc.
      PC

      Reply
  45. Hema

    Hi Peng,
    I just want to know can i take unpaid leave while on 457 visa.
    Or it is a breach of condition.

    Reply
  46. vicky

    Hi, Peng!
    I think this web is very useful for us! I got visa 457 and I will apply for visa 186 next year.I would like to ask you that my base wage with my company is $105k/ annual. And I also did tax return half year ( last year). Because I got my visa 457 on 02/2013. And if my company will pay me $90k for this year ( 7/2013-06/2014). Does it have any problem with my application for visa 186 next year? Because we signed contract in employment letter is $105k. Many thanks for your help.

    Vicky

    Reply
  47. sreenivasan

    Hi – I have a valid skill assesment and also have IELTS (L 6, R 5.5, W 6, S 7) since i have 5.5 band in reading i am unable to submit for visa subclass 190. I will try again to get the required IELTS band.

    But still i can submit EOI for Visa 186 & 187 – please let me know what is the differance from visa 198 & 190.

    Thanks in Advance

    Sreenivasan

    Reply
    1. Peng Cheng Post author

      Hi Sreenivasan,
      186 and 187 are employer sponsored PR visas – but you need IELTS of 6 in each band to apply under the DE stream.
      PC

      Reply
  48. Claire

    Hi Peng,

    Looking for some advise please.
    I am sponsored on a 457 2.5 years ago, my occupation is a “general accountant” however my hons degree is in Business Management. I have worked in the finance area for 6+ years so my experience covers my non accountant qualification? Im wondering do i need to register to get my skills assessed ? or can i just apply for TRT 187?

    Thanks.

    Reply
    1. Peng Cheng Post author

      Hi Claire,
      You don’t need a skill assessment if you are applying under the TRT stream for the 187 visa.
      PC

      Reply
  49. Azeem

    Hi Peng,

    I am interested in RSMS subclass 187 to apply as a secondary school teacher. Do I need to get assessment of my teaching credentials? I have IELTS overall band score of 7.5 (R/W 8.0, L/S 7.0). My teaching qualifications are accredited in New Zealand though. Also do you help/advice in getting a nomination from an approved Australian employer? I am a Pakistani national. residing in Pakistan, and it appears contacting the employers by email and getting a positive response is very difficult. It will be greatly appreciated if you can help here too. Thanking in anticipation. Azeem

    Reply
    1. Peng Cheng Post author

      Hi Azeem,
      To apply as a teacher for a 187 visa, you need to have the relevant registration to work as a teacher in Australia.
      Sorry but we don’t assist with finding employers.
      PC

      Reply
      1. Azeem

        Hi Peng, Thanks for the reply. What is the relevant teacher registration body if I want to apply under RSMS.

        Reply
        1. Peng Cheng Post author

          Each state has their own teacher registration body – check the requirements for the state that you will be working in.

          Reply
  50. Sherry

    HI PC
    I have won my nomination through MRT. MRT set aside the decision given by DIBP. But I had to go offshore visa application due to my agent’s fault of not filing visa MRT at right time. Just wanted to know how long its gonna take for visa?Its already 10 weeks.Confirmation of nomination from DIBP has been received 10 weeks ago.

    Regards

    Reply
    1. Peng Cheng Post author

      Hi Sherry,
      There really is no standard or normal processing time for this. It usually shouldn’t take more than 1-2 months, but the Department can really take as long as they want to check the visa requirements.
      PC

      Reply
  51. Kabita thapa

    Hi Peng I am kabita and recently I hold 457 visa and I am a enrolled nurse and I am working in regional area in Victoria .In September I am completing my 2 years here in Victoria and I want to apply my pR through ENS 186, but there is another stream temporary Stream which is RSMS 187. So now I am confused what is the difference between 186 ENS and Another 187 RSMS. Which one will be better one for me.

    Reply
  52. Ian yu

    Hi Peng, i graduated in 2010 (C3 and Diploma of hospitality management commercial cookery) and also got 2 years PART-TIME working experience as a cook after C3, and four 6s on ielts test. now i found a sponsor to apply 187 for me, so i just want to ask if my 2 years PART-TIME working experience is long enough to apply this visa? and this 2 years exprience is not gained recently (from Jan 2010 to Dec 2011), can that be counted? Many thanks. Joe

    Reply
    1. Peng Cheng Post author

      Hi Ian,
      You need to demonstrate 2 years of FT experience, or the equivalent of 2 years of FT experience.
      PC

      Reply
  53. Sam

    Hi Peng, I have been on a 457 for 18 months as a customer service manager, but have over 2 years experience in the role, I have a bachelors degree in computer science, and I want to switch onto the 187 visa, from what i read i can do this on the direct stream before the 2 year mark. My question is would i need to get a skills assessment and would my employer need to show evidence of the Labour Marketing Test. Thanks

    Reply
    1. Peng Cheng Post author

      Hi Sam,
      Skill assessment is not mandatory if nominated occupation is customer service manager.
      LMT will probably be needed for the RCB application.
      PC

      Reply
  54. Ian

    Hi Peng, thanks a lot for replying. i have another question, what evidences would CO ask me for the work experience? Can the volunteer work be counted for work experience? if yes, what materials will be needed? thanks. Ian

    Reply
    1. Peng Cheng Post author

      Hi Ian,
      Examples: payslips, tax records, employment contract, PAYG summary
      That depends on why you need to count work experience. But generally speaking, you can’t count volunteer work if the visa requires a particular level of work experience.
      PC

      Reply
      1. ian

        work experience for 187 visa, can the volunteer be counted? i only have tax record and reference , is that enough to be the evidence of PT experience? thanks

        Reply
  55. Alan

    Im on visa 457 for 6 months , my nomination is Management Consultant, now my employer would like to sponsore my under visa 187 .

    Do I need to do skills assessment for Management Consultant ?
    Do my employer need to provide evidence that meet training benchmark 1% of total payroll ?

    Thank you

    Alan

    Reply
    1. Peng Cheng Post author

      Skill assessment (where the occupation is management consultation) and training benchmark do not apply to the 187 visa.

      Reply
  56. max

    hi
    im currently sponsored as an electrician on a 457 visa, which ends january 2015. do i need have the australian electrical license to apply for the 186 TRT, or has the time spent working with my employer enough, which has been over 2 years
    thank you

    Reply
    1. Peng Cheng Post author

      Hi Max,
      If it is mandatory to have a licence to work in that profession, then you need the mandatory licence when you apply for PR.
      PC

      Reply
  57. Apple

    hi Peng,

    I am currently on 573 visa, expires in March next year. Got an employer that able to sponsor for 186, wondering if I can apply while I am still holding 573? I have been working part-timely since I landed Australia last year.

    Also, I have just submitted my skill assessment application, can my employer submit the nomination now or should they wait till the positive skill assessment result come out?

    Very much appreciate your advice.

    Regards,

    Apple

    Reply
    1. Peng Cheng Post author

      Hi Apple,
      Check the conditions of your current student visa to see if there is any condition on it which will prevent you from lodging such an application from within Australia.
      You don’t need a positive skill assessment at the time that you lodge the 186 nom.
      PC

      Reply
  58. Mikky

    Hi ping
    I loudge 187 file with rcb, nomination , visa file an spouse together on 29/5/14.
    I got rcb approval 3/7/14.
    Recently my file was opened on 10/10/14 and they needed my medical , pcc and 80 form .i submitted all documents
    Now I want to know how much time taken for decision ? And how many chances of visa?
    Reply soon

    Reply
    1. Peng Cheng Post author

      Hi Mikky,
      That it really up to how busy the case officer is. You should get a decision before the end of the year.
      PC

      Reply
  59. Bran

    Hello ,

    I have an enquiry about my 187 subclass visa.
    I am holding my current student visa, i have finished my Bachelor here and got sponsored last minute before my visa expires.
    Can I apply for 187 subclass offshore wile still holding my current student visa?
    I have to travel overseas and thinking of applying from there. Would I still get the bridging visa while not on Australia shore at the time of lodgment??

    Thanks so much

    Reply
    1. Peng Cheng Post author

      Hi Bran,
      Check the conditions of your current student visa to see if there are any conditions which prevent you from lodging a 187 visa application from within Australia.
      PC

      Reply

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