IT ALLOWS:

The ENS and RSMS program consists of employer sponsored visas for skilled foreign workers in certain occupations. The 186 and 187 visas are both permanent resident visas, and eligibility is dependent on a number of factors including the occupation, age, or salary of the candidate.

Theses visas result in a permanent visa for the sponsored employee. While it has been a common way for 457/TSS visa holders to qualify for permanent residence, it does have a higher skill level than the 457/TSS visa.

ELIGIBILITY & CRITERIA:

Direct Entry Stream:

Applicants will need to provide a formal skills assessment in their occupation and show that they have worked in their occupation for three years.

Applicants must also be under the age of 45 years, be nominating an occupation on the Medium Long-term Strategic Skills List (MLTSSL), and have competent English.

Temporary Residence Transition (TRT):

Under the TRT stream, no skills assessment is required. Applicants need to be under 45 years of age at the time of lodgement, have worked with the nominating employer on a 457 and/or TSS visa for at least 3 years.

The position must be an occupation on the Medium and Long-term Strategic Skills List (MLTSSL) and the applicant must have Competent English

Labour Agreement Stream:

Under this stream, skilled workers who are nominated by their employer to reside and work in Australia permanently. The Labour Agreement stream may be applicable to a foreign worker who either currently or, in the future, will work for an employer who is party to a labour agreement.

Differences between the RSMS and ENS Visas

  1. Working in a Regional Area

    One of the main differences between the 186 visa and 187 visa is that the 187 RSMS requires the applicant to live in a regional area. Regional areas do not include the Perth metro area, Gold Coast, Sydney, Brisbane, Newcastle, Melbourne or Wollongong. All of Western Australia, South Australia, the ACT, Tasmania and the Northern Territory are considered regional areas.

    There are no geographical restrictions when it comes to the 186 visa.187 RSMS applicants must remain in the designated regional area for two years after their visa grant.

  1. Regional Certification Body (RCB approval)

    When an employer wishes to nominate an employee for a 187 RSMS visa they must seek approval from the Regional Certifying Body in their area. The RCB will assess whether there is a genuine requirement for the position.

  1. Training benchmark

    A major difference between the two visa types is that employers nominating an employee under the 187 RSMS Direct Entry stream are not required to meet the ‘training benchmark’.

    Businesses can meet the training benchmark in two ways. They can spend equivalent to 1% of their payroll on training for Australian citizens and permanent residents or pay 2% of payroll into an approved industry training fund.

    Employers sponsoring a candidate on a 186 visa or 187 through TRT are required to meet the training benchmark. This makes the 187 Direct Entry option a great choice for business that cannot meet the benchmark, however, note that if the business holds (or has previously held) a Standard Business Sponsorship (SBS) to nominate 457 holders, Immigration make ask to see proof that prior training benchmarks were met.

  1. Staying with your employer

    With both the 186 and 187 visas, the nominated position must be available for at least two years. However, an employee sponsored on a 186 visa is under no obligation to remain with that employer. In contrast, a 187 visa holder is obliged (in most cases) to stay in the same position and remain with the same employer for two years. If the employer no longer has work available the 187 visa holder can work elsewhere, but must remain in the regional area for the first two years.

  1. Skill assessments

    The 187 DE stream is also an attractive option because candidates in ANZSCO major group 1 and 2 occupations and non-trade group 3 occupations are not required to complete a skill assessment. Please note however, a formal qualification or work experience relevant to the role is still required. Candidates nominated in a trade occupation from ANZSCO major group 3 must either receive a positive skill assessment from the relevant assessing body or hold an Australian trade qualification, completed in Australia.

  1. Other differences

    Work experience requirements, nomination charges and English language requirements also vary between these visa types. The 187 occupation list also has dozens of occupations that are not available to 186 visa applicants.

WHERE CAN I APPLY FROM:

You can be in or outside Australia when you apply for the visa. If you are in Australia you must hold a substantive visa or a Bridging visa A, B or C.

You can be in or outside Australia when your application is granted.

CAN I INCLUDE FAMILY MEMBERs:

You can include:

  • family members in your application when you apply
  • add family members to your application after you apply but before we decide on your visa

For this visa, your family members are:

  • your partner
  • your dependent child or stepchild
  • your partner’s dependent child or stepchild
  • the dependent child or stepchild of your or your partner’s dependent child or stepchild