Understanding Sponsor Visa Options (Part 3 – RSMS Visa)

If you are looking for a Migration Agent in Brisbane that will invest the time necessary to maximize your chances of a successful visa outcome, then look no further. Cliché? Sure. But we mean it. No other Migration Lawyer goes to the efforts we go to educate and inform you on how each Visa works and to make things clear and simple. To prove it, we present to you Part 3 of our three part blog series on the Sponsor visa options to Australia, which this week takes a look at the Regional Sponsored Migration Scheme (Subclass 187) visa.
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As with the ENS (186) visa (discussed here), the RSMS is a permanent residency visa, however it is specifically available to skilled workers who have secured employment from a regionally based Australian business. Importantly, there are two “streams” in which applicants can qualify for the visa, the Direct Entry Stream and the Temporary Residence Transition Stream.

​To provide you the information in a clear and informative manner, and again why we are the best Migration Lawyers in Brisbane, the above diagram summarizes the key criteria for each “stream” and stage of the RSMS visa which we will further elaborate on below:

Direct Entry Stream

The Direct Entry Stream is available to migrants who fall into one of the following classes of applicants:

1. Those who have a Migration Skills Assessment if they are being nominated under a trade; or
2. Researchers, scientists and technical specialists who are being nominated by Australian government agency; or
3. Academics who are being nominated by a university in Australia  employed at an Academic Level of A, B, C, D or E as a University Tutor (ANZSCO: 242112), University Lecturer (ANZSCO: 242111) or Faculty Head (ANZSCO: 134411); or
4. Workers whose earnings will be at least equivalent to the current Australian Tax Office top individual income tax rate; or
5. New Zealand Citizens (or family on a Subclass 164 visa) who have worked for their nominating employer in their nominated occupation for at least two years; or
6. Workers who have the required qualifications or work experience as detailed by ANZSCO for their specific occupation.Importantly, depending on which class of applicant they fall into, migrants generally be required to demonstrate they are under the age of 50 and have Competent English language ability.

With regards to the employer part of the process, they will be required to obtain the approval of the appropriate Regional Certifying Body who will provide their opinion on the key criteria detailed under the Nomination (see diagram). The approval of the RCB does not necessarily mean that the Department of Immigration and Border Protection will also approve the Nomination. For that reason, it is critical that both the RCB and employer Nomination are prepared carefully and correctly to avoid any unnecessary delay or complications.

Transition Stream

Alternatively, for applicants who have worked for their regional employers for at least two years on a Subclass 457 visa, they may be eligible to apply for the RSMS (187) visa under the Transition Stream. For a detailed breakdown of the requirements of this stream specifically, please see our previous blog here.

Important to Note

Prospective applicants of RSMS visas need to be fully aware that an RSMS visa can be cancelled if the visa holder does not make a bona fide attempt to remain with their regional employers for two years following the grant of their visa.

If you need assistance regarding an RSMS Visa and would like to speak to a Migration Agent in Brisbane, then give us a call on 1300 MIGR8TE (644 788) or send your questions to enquiry@salvomigration.com.au.