Regional Sponsored Migration Scheme visa (subclass 187)

This visa is a permanent residence visa for skilled workers who want to work in regional Australia. It allows you to work in Australia under one of two streams:

Temporary Residence Transition stream (those who were on subclass 457 temporary work visa and after working certain period of time with same employer in same occupation were eligible to transit to permanent visa 187 – 457 is now known as 482 – we have successfully dealt with this transit stream permanent visa for our clients for whom we had received successfully subclass 457 visa earlier; now subclass 482 have commenced so applicants have to meet new requirements for transition stream 187 permanent visa; if you have subclass 457 is valid and if you are working with same employer in same occupation, you will still be eligible to apply subclass 187 if you meet with all requirements – please feel free to contact us if you wish apply through us); and

Direct Entry stream – we have dealt successfully Direct Entry stream in the past and we can very well deal in future as we have tremendous experience of dealing with complex requirements of this visa stream. Direct Entry RSMS 187 visa is one of our specialities and you are welcome to discuss with us the latest requirements of Direct Entry Stream. The recent changes are DRASTIC where applicant – employer as well as nominee – both have to satisfy very stringent criteria especially related with labour market testing “WHY EMPLOYER DID NOT FIND SUITABLE LOCAL PERSON TO FILL IN POSITION AVAILABLE IN THEIR BUSINESS!” – A million dollar question and a very few will now be able to answer such question of Dept of Immigration, Australia because when you advertise you will find hundreds of local people applying without looking at requirements of employer – you may say local people simply ‘dumping’ applications; and also when you advertise position in job seeking websites the websites owners have been ‘dumping’ applications from their ‘data base’ and in reality the applicants have never applied for the advertised position. Recently we received RCB (Regional Certifying Body) approval where we had come across about 200 applicants and hardly anybody would have met criteria but employer did select about 10 applicants and conducted interview and found that none of them was able to answer questions asked to them –employer has to document all these events and it is enormous task but under our guidance employer did very well and selected nominee and we did receive RCB approval successfully.

Generally, under Direct Entry Stream, main occupations nominated are Store Manager (Retail Manager), Restaurant Manager, Chef, Cook, Pastry Cook, Baker, Customer Service Manager and other related occupations in Hospitality Industry and Dept of Immigration expects Local People to be recruited for such positions. From our experience of last 18 years, we would certainly tell you that it is extremely difficult to find local person who can be trustworthy, hardworking, dedicated, reliable, honest and he would be able to carry out complex tasks required by the employer. All the above positions are not ordinary in nature and these positions do involve complex tasks and a very few will be capable of carrying out such tasks under pressure and hostile environment. Employer when come across dedicated, honest and hard working overseas worker, would certainly in favour of employing such worker on permanent basis and employer will wish to nominate such worker for permanent position under RSMS 187 visa. Employee – the overseas worker would be very happy to receive residency under this scheme – but now Dept has made it extremely difficult by introducing drastic changes in requirements of applying for such visa. Employer & Nominee are welcome to contact us as we have vast experience in dealing with complex situations of Direct Entry RSMS 187 visa and we will assist you to carry out all Herculean Tasks to prove your Genuine Requirement to apply for such visa. All processes have now become very costly so you must first work out the costs of applying for this visa and if employer is willing to bear all the costs, we will be very happy to provide you our services for applying for Direct Entry RSMS Subclass 187 visa.

Eligibility to apply RSMS 187 visa is that you must be nominated by an approved Australian employer for a job in regional Australia; be under 45 years of age;

meet the skills, qualifications and English language requirements; and
meet the other requirements of one of the streams of this visa. It is a permanent visa and govt visa fee is also of very high amount.

Employer document checklist

If you are the employer and intend to lodge a nomination application under

Regional Sponsored Migration Scheme visa (subclass 187)

you must attach the documents listed below to your online application.

List of Occupation for Regional Skilled Migration Scheme subclass 187 visa:

Regional Sponsored Migration Scheme (RSMS) visa (subclass 187)

The below legislative instrument lists eligible skilled occupations for the RSMS visa

IMMI 18/043: Specification of Occupations — Subclass 187 Visa

The below legislative instrument lists skilled occupations which require skills assessments

IMMI 12/096 – Specification of Occupations and Assessing Authorities

(link to be provided)

Written contract of employment

Employment contract for a full-time ongoing position indicating the salary arrangements, as well as the terms and conditions of employment. Evidence must be provided to demonstrate the Annual Market Salary Rate (AMSR) as outlined in the relevant legislative instrument. Ensure that supporting evidence is clearly identified and explained. If you provide vague, unlabelled salary surveys and do not explain how you have determined the AMSR your nomination could be refused where there is a difference between the AMSR determined and the proposed salary of the nominee, you must explain why if there is no equivalent Australian, it is recommended that you attach a comprehensive written statement outlining how you determined the annual market salary rate, particularly if: the nominee’s salary is AUD65,000 or less; the nominee’s salary package contains significant allowances and / or non-monetary benefits; the market salary evidence presented reflects a wide range of salary data, with potentially inconsistent information. If the information you present indicates that the nominee will be paid less than the AMSR, the nomination will be refused unless the market salary information provided indicates that a ‘salary range’ applies to the position and a comprehensive statement has been provided explaining why a salary at the lower end of the range will be awarded to the nominee.

Documents for specific occupations and where caveats apply

If you would like us to take into account broader circumstances when assessing turnover and salary caveats (example: the turnover and salary caveats of an overseas ‘parent company’), you should upload a detailed written submission requesting this.

The occupations of Cook, Chef and Café and Restaurant Manager are excluded from these visa programs where the position is based in limited service restaurant. Cook and Chef positions also cannot be based in mass production in a factory setting.

A limited service restaurant includes the following:

fast food or takeaway food services
fast casual restaurants
drinking establishments that offer only a limited food service
limited service cafes including, but not limited to, coffee shops or mall cafes
limited service pizza restaurants.

If you are nominating one of these occupations and there is the potential for an assessment to be made that the business operates in a takeaway or fast food environment, you should submit with your application documentation that demonstrates otherwise. Such evidence could include:

a detailed position description
an explanatory statement and / or evidence that describes the core activities of your business
a copy of the menu
a link to your website
a floor plan
photographs of the premises which demonstrate the size and type of café/restaurant that the sponsor is running
details of food preparation done on the premises
details of table service provided and the volume of in-restaurant dining.

Direct Entry nomination document checklist

If you are the employer and intend to lodge a nomination application under the Direct Entry stream for a Regional Sponsored Migration Scheme (RSMS) visa (subclass 187) you must provide the documents listed below.

Required documents fo r RSMS

Evidence that you are actively and lawfully operating business in Australia –

certificate of registration for tax purposes (ABN) for all businesses; certificate of registration of business name (if operating under a trading name); certificate of registration with ASIC (if a company); relevant pages of the trust deed specifying the parties to the trust (if you are a trust or trustee of a trust); current lease agreement letter of support from the accountant of your business; audited balance sheet (statement of position) for the most recently concluded fiscal year with comparative figures for previous fiscal year, and profit and loss statement (statement of performance) for the most recently concluded fiscal year with comparative figures for the previous fiscal year, or business tax returns for the most recently concluded fiscal year and associated tax assessment notice, and if the fiscal period to which the financial statements or tax returns submitted relate ended more than three months before the application was lodged – a business activity statement (BAS) for each complete quarter between the end of the fiscal period and the date of application lodgement; If you are a start-up business (a business that has been operating less than 12 months), you must provide:

Business activity statements (BAS) for each complete quarter from commencement of operations to time of lodgement of the nomination, and statements for the business bank account for the period from commencement of operations to time of lodgement of the nomination.

Employer’s need for a paid employee – detailed organisational structure chart;

detailed position description including specified tasks and duties of the position
as applicable; evidence that the position has existed and been previously occupied but has become vacant through attrition; evidence that the position is currently occupied by a temporary resident; evidence of an increase in business activity (e.g. new contracts won) requiring workers in the nominated occupation; evidence of overtime work or increase in overtime work for employees currently in the nominated occupation; if your business is diversifying, evidence of appropriate market research, business plans detailing proposed expansion and timelines, financial budgets covering expenditure and anticipated revenue and evidence of availability of funding (such as own funds or bank loans).

Additional required documents for RSMS only

Regional Certifying Body advice regarding your application, recorded by the RCB using Form 1404 – Regional Certifying Body advice or their own RCB-specific form, that is not more than three months old at the time of lodgement.

Applicant documents

If you intend to lodge an application under the Direct Entry stream for Regional Sponsored Migration Scheme visa (subclass 187); you must attach the documents listed below to your online application.

Important: your visa application will be refused if it is indicated below that the document(s) must be provided at the time of application and you have failed to do so.

Identity documents

Copies of the biographical pages of the current passports or travel documents of all people included in the application (these are the pages with the holder’s photo and personal details and the issue/expiry dates).

If your name has changed or the name of anyone included in your application has changed: a copy of evidence of the name change.

Skills and qualifications

Your curriculum vitae (CV).

Copies of all qualifications and work experience (for example, employment references).

Evidence of registration, licensing or professional membership, if required for your occupation in the state or territory in which you will be working. Documents from the relevant Australian registration and licensing authorities that show you hold, or will be able to meet, necessary registration and licensing requirements. The documents must specify both of the following:

the type of registration or licensing held
the name and contact details for the registration or licensing authority.
Skills assessment

If you are lodging an application in the Direct Entry stream and you are required to complete a formal skills assessment, you must also provide a positive skills assessment with your visa application – see: Age, Skill and English requirements and exemptions. A skills assessment provided after you have applied for your visa cannot be accepted.

Some skills assessments are issued for the purpose of a subclass 485 visa. Skills assessments which have been obtained for the purposes of the subclass 485 visa are assessed solely on qualifications and do not assess the applicant’s work experience. As a result, these types of skills assessments are not appropriate to demonstrate skills under these visa programs.

Applicants exempt from this requirement must provide the following where applicable:

(a) evidence that you are a researcher, scientist or technical specialist at ANZSCO skill level 1 or 2 who is going to be employed by an Australian government research agency.

(b) evidence that you are an academic employed at academic level A, B, C, D or E by a university in Australia.

if you have been in Australia as the holder of a Special Category visa (subclass 444) or New Zealand Citizen Family Relationship (Temporary) visa (subclass 461) and have been working with your nominator for a period of at least two years before applying:

(a) a detailed statement from the employer declaring that you have worked for them for at least two years (the letter should cover employment period, details of paid leave taken, details of unpaid leave taken, details of any overseas trips for training or work)

(b) evidence of tax assessment notices for the two-year period

(c) PAYG payment summaries for the period of employment

(d) pay slips

(e) extracts of leave records.

Competent English language ability – primary applicant

You must provide evidence of the results of a specific English language test that you took less than three years before lodging your application and showing that you have at least competent English, unless you are exempt from this requirement – see Age, Skill and English requirements and exemptions.

This evidence must be provided with your application. It cannot be accepted afterwards.

English language ability – exempt primary applicants and dependant applicants

For primary applicants who are exempt from providing evidence of competent English language ability (see above) and for each of your dependants aged 18 years or older at the time you apply, they must provide one of the following:

a. evidence that they have functional English – see How can I prove I have functional English? or

b. if they do not have functional English, a statement indicating that you intend to pay the second visa application charge.

This evidence is not required to be demonstrated at the time you lodge your application. Your application will not, however, be finalised until this evidence is provided or payment is made.

Your family relationships

A copy of your birth certificate showing both parents’ names. If you do not have a birth certificate and are unable to get one, you must provide a copy of the identification pages of at least one of the following documents:

family book showing both parents’ names
identification document issued by the government
court-issued documents that verify your identity.

If you are unable to provide one of the above documents, you must provide other acceptable evidence that you are who you claim to be.

Copies of marriage certificates or relationship registrations for you and anyone else included in your application, even if they are not joining you in Australia.

If you are living in a de facto relationship: independent evidence that your relationship is genuine and continuing (for example, joint bank account statements, billing accounts in joint names or joint ownership of major assets).

If you or anyone included in the application has been widowed, divorced or permanently separated:

a copy of the death certificate, divorce documents, or statutory declaration separation documents.
Your children
Copies of birth certificates or the family book showing the names of both parents of all your children.

If any child included in the application is adopted: copies of the adoption papers.

For anyone included in the application who is 18 years of age or older and is not your partner, you should provide Form 47a

Details of child or other dependent family member aged 18 years or over.
Evidence of financial dependency for all your children aged 18 to 23:
a copy of their birth certificate and proof of their relationship to you
proof that they live in your household
proof that they have been financially dependent on you for at least the 12 months immediately before you lodge your application.

Note: You do not need to provide this if your family members currently have a TSS or subclass 457 visa that was granted to them on the basis that you are the primary holder of a TSS or subclass 457 visa.

If you want to bring a child younger than 18 years of age with you to Australia, and that child’s other parent is not included in the application: documentary evidence that you have the legal right to bring that child to Australia, such as:

copies of official legal documents, such as a court-issued parental responsibility (custody), access or guardianship order statutory declaration giving their permission
Form 1229 – Consent form to grant an Australian visa to a child under the age of 18 years.

If you use Form 1229 or a statutory declaration, you will have to attach a copy of the other parent’s government-issued identification document (such as a passport or driver’s licence) with their photograph and signature.

For detailed information about members of your family unit see including family members in your application.

Character requirements

For each person included in the application who is 16 years of age or older Form 80 – Personal particulars for assessment including character assessment.

Police checks for you and everyone included in your application, whether they are migrating or not, who is at least 16 years of age. When required, you must provide a scanned colour copy:

of an Australian national police check for anyone who has spent a total of 12 months or more in Australia since turning 16 years of age
of police certificates from each country in which anyone in your application has spent a total of 12 months or more in the past 10 years since turning 16 years of age.

If you or anyone included in the application has served in the armed forces of any country, a scanned colour copy of military service record or discharge papers.

Eligible Postcodes in Regional Australia

For information on the related legislative instrument, see IMMI 18/037: Regional Certifying Bodies and Regional Postcodes.

Area	Postcodes inclusive
Australian Capital Territory	Entire Territory
New South Wales (Excluding Sydney Newcastle and Wollongong)	2250 to 2251 – Central Coast 2256 to 2263 – Central Coast 2311 to 2312 2328 to 2411 2415 2420 to 2490 2536 to 2551 2575 to 2594 2618 to 2739 2787 to 2898
Norfolk Island	Entire Territory
Northern Territory	Entire Territory
Queensland (Excluding the greater Brisbane area and the Gold Coast)	4124 to 4125 4133 4211 4270 to 4272 4275 4280 4285 4287 4307 to 4499 4515 4517 to 4519 4522 to 4899
South Australia	Entire State
Tasmania	Entire State
Victoria (Excluding Melbourne metropolitan Area)	3211 to 3334 3340 to 3424 3430 to 3649 3658 to 3749 3753 3756 3758 3762 3764 3778 to 3781 3783 3797 3799 3816 to 3909 3921 to 3925 3945 to 3974 3979 3981 to 3996
Western Australia (Excluding Perth and surrounding area)	6041 to 6044 6083 to 6084 6121 to 6126 6200 to 6799

Employer’s business must be located in above said post codes to apply for RSMS 187 Direct Entry Visa. RSMS D/E subclass 187 involves application to RCB (Regional Certifying Body) for approval of Business Form 1404; after that nomination application to Dept of Immigration and Visa application to Dept of Immigration – all these applications can be lodged online.

IMPORTANT FACTS TO NOTE IN RSMS 187 DIRECT ENTRY VISA:

RCB approves the business and dept of immigration rejects nomination in many cases for several reasons – you as employer or nominee may not have much idea as how does this process work – well, you must carry out process as requested by RCB and must provide them genuine documents as requested, lodge online application and pay them fees and wait for their decision. When RCB approves Business for Nomination – Why Dept of Immigration, Australia rejects the case finding various kinds of faults in application – it is logic and not a mathematics so dept can interpret criteria differently and if not satisfied will reject the case.

If Dept rejects nomination, the visa also will be refused because to approve visa, the nomination must have been approved. Employer and Nominee both will have appeal rights if so you must exercise your rights to lodge an appeal to AAT; we will always tell you “DO NOT GIVE UP”. Chances are high you may win appeal.

If nomination is approved by dept and if visa is rejected; make an appeal if you have appeal right and do prove your case to appeal authority.

If you go through different processes to be carried out for RSMS 187 visa application and also if you have to provide appropriate information, documents, explanation and evidence in support of your application – employer or nominee or so called cheap agents may not have much idea about how to meet the requirements of RCB and Dept of Immigration for successful outcome of application at all the stages of application. From our vast experience of last 18 years we would certainly tell you that the amount of work involved is enormous in RSMS subclass 187 visa application and please remember that it is a PERMANENT VISA and how would you expect Dept to simply grant you permanent visa without scrutinising the application in detail.

We have listed the requirements above and take one requirement at a time and try to find out how best you can meet each requirement – you probably will scratch your head as you may not get any clear picture of anything – so the best course of action would be to seek initial consulting and it may cost you little money but it will save you thousands of dollars and it will give you peace of mind and it will guide you to follow correct path upon which you can achieve success in your application.

We have also have vast experience in dealing with AAT Appeals for Rejected cases of RSMS subclass 187 visa and we welcome you to discuss with us your requirements so that you can achieve your ‘dreams’ come true!

“BMS Global has been operating for the last 18 years and has successfully dealt with AUSTRALIAN VISA applications for Student Visa, Visitor Visa, Partner Visa, Temporary Work Visa Subclass 482, Permanent RSMS Visa Subclass 187, Business Visa and AAT Appeals.”