Comprehensive Guide to the Regional Sponsored Migration Scheme Visa (Subclass 187) – Temporary Residence Transition Stream

Advertisement

Advertisement

Overview

The Temporary Residence Transition stream under the Regional Sponsored Migration Scheme visa (subclass 187) offers a pathway for eligible temporary workers to settle permanently in Australia. Below is an inclusive elucidation to assist you in understanding the key aspects of this visa.

Processing Times

To approximate the processing periods for this visa, you can utilize the visa processing time guide tool. This tool provides indicative processing times based on recently decided applications. Please note, that these times are for direction only and may not specifically reflect the processing duration of your application.

Benefits of this Visa

With the subclass 187 visa, you can enjoy numerous benefits, including the ability to:

• Work, Reside, and Get an Education in Australia indefinitely.
• Sponsor eligible relatives accompanying you in Australia.
• Apply for Australian citizenship, provided you meet the eligibility criteria.

Eligibility Requirements

To qualify for this visa, you must meet several essential requirements:

1. Current Visa Status: You should be a transitional subclass 457 or subclass 482 worker, as defined under the eligibility criteria for "Have this visa."
2. Visa Type: You must hold a substantive visa or a Bridging Visa A, B, or C, which is associated with a pending 482, 186, or 187 visa.
3. Work Experience: Generally, you should have worked for your manager/employer in regional Australia for at least 2 years full-time or permanently while possessing a subclass 457 or TSS visa.
4. Employer Nomination: You need to have been nominated by an Australian employer, and this nomination must have been approved within the six months preceding your visa application.

The subclass 187 visa under the Temporary Residence Transition stream provides a robust opportunity for temporary workers to establish permanent residency in Australia, offering numerous benefits and a pathway to citizenship. Ensuring you meet all eligibility criteria and understanding the processing times can help streamline your application process.  

About the Visa: Temporary Residence Transition Stream-Subclass 187

Benefits of This Visa

The subclass 187 visa offers a range of benefits that can significantly enhance your life in Australia. With this visa, you can:

• Live Indefinitely: Stay in Australia for an unlimited period.
• Work and Study: Engage in employment and educational opportunities across the country.
• Access Healthcare: Enroll in Australia's public health care scheme, Medicare.
• Family Sponsorship: Sponsor eligible relatives to come to Australia.
• Travel: Travel to and from Australia freely for five years.
• Path to Citizenship: Apply for Australian citizenship if you meet the eligibility criteria.

Travel Privileges

Upon being granted this visa, you can travel to and from Australia for a time of up to five years. Post this period, you will need to obtain a Resident Return (RRV) visa to maintain your permanent resident status when re-entering Australia. Be mindful that if you leave Australia after your travel facility has expired without securing another valid permanent visa, you may lose your ability to return as a permanent resident. You can check the status of your travel facility using VEVO.

Duration of Stay

This visa grants you permanent residency, allowing you to stay in Australia indefinitely. You are converted to a permanent resident on the day your visa is granted if you are in Australia, or on the day you arrive in Australia on this visa if you are outside the country.

Including Family Members

You can include family members in your visa application at the time of submission or add them before a decision is made. Eligible family members include:

• Partner: Your partner/spouse or de facto partner.
• Dependent Children: Your dependent child or stepchild, your partner’s dependent child or stepchild, or the dependent child of your or your partner’s dependent child.
• Family with Subclass 457 or 482 Visas: Individuals holding these visas based on their relationship to you.

All family associates comprised in your application must fulfill health and character requirements. This may also apply to family members not included in your application.

Costs

The main applicant fee for this visa is AUD 4,770. Extra charges apply respectively for each family member comprised in the application.

Second Instalment Fees

An additional fee of AUD 4,890 applies to each family member whose age will be 18 years or older who:

• Applies to you and
• Possess less than Efficient English expertise.

As the main applicant, you must demonstrate Competent English unless exempt. If exempt, you must show Functional English. Failure to demonstrate Functional English will incur a second installment fee of AUD 9,800. You will obtain a statement for this payment/fee afterward meeting all other visa requirements.

Important Notes for New Arrivals

New residents might experience a waiting period before they can avenue/access certain Australian Government expenses and benefits.

Other Costs

When applying for the subclass 187 visa, be aware that there may be additional expenses beyond the main application fee. These costs can include:

• Health Checks: Medical examinations are required for visa approval.
• Police Certificates: Background checks from relevant law enforcement agencies.
• Biometrics: Fingerprints and photographs for identification purposes.

To get an estimate of your total visa costs, use the Visa Pricing Estimator. Please note, that this tool does not account for the second installment or other incidental costs.

Application Process

Where to Apply

You can apply for the subclass 187 visa from either within Australia or abroad. If you are appearing for the process from within Australia, you need to possess a valid visa or one of the bridging visas (A, B, or C). Your application can be processed whether you are in Australia or abroad.

Processing Times

To have an impression of how prolong it might take to process your visa application, use the visa processing time guide tool. This tool provides estimated processing times based on recently decided applications. Keep in mind, these times are only indicative and not specific to your application.

Processing may take longer if:

• Your application is incomplete or filled out incorrectly.
• Required documents are missing, or additional information is needed.
• It takes time to verify your information.

Please ensure that you pay the correct visa application charge. If you don't, then no one can process your application and will notify you if this occurs and potentially return your application.

Obligations

Legal Compliance

You and your family members must comply with all Australian laws.

Employment Commitment

You are anticipated to work for your recommending manager/employer in regional Australia for at least two years. Catastrophe to do so may outcome in the termination of your visa. You must commence employment within six months of:

• Entry to Australia: If your visa was granted while you were outside Australia.
• Visa Grant Date: If your visa was granted while you were in Australia.

Visa Label

Your visa will be electronically associated with your passport, eliminating the necessity for a physical tag in your passport.

By understanding these additional costs and application details, you can better prepare for the subclass 187 visa process, facilitating a smoother adjustment to your new life in Australia.

Eligibility Criteria for Temporary Residence Transition Stream-Subclass 187 Visa

Skills and Qualifications

To be suitable for the subclass 187 visa, you must hold the essential skills and qualifications to accomplish the tasks the nominated occupation requires. You might need to undergo a skills evaluation to verify your capabilities.

Licensing, Registration, or Membership

If your occupation requires licensing, registration, or membership with a professional body in the state or territory where you intend to work, you must fulfill these requirements.

Employer Nomination

You must be selected by the manager/employer who sponsored your temporary work visa. Specifically, your employer should have sponsored you to work permanently or full-time on a subclass 457 or subclass 482 visa for at least two out of the three years preceding your nomination for the subclass 187 visa.

Age Requirement

Usually, candidates/applicants must be below 45 years of age at the time of application. However, there are exemptions to this criterion:

• Academic Positions: If you are nominated as an academic (like as a university Professor or head of faculty at Academic Level A, B, C, D, or E) by an Australian university.
• Scientific Roles: If you are nominated as a scientist, technical specialist, or researcher at ANZSCO skill level 1 or 2 by an Australian scientific government agency or university.
• Medical Practitioners: If you are nominated as a medical practitioner and have worked in a designated regional area of Australia for a minimum of two years in the three years immediately before applying, as a subclass 457 or 482 visa holder. Additionally, the nominated position must be in a designated regional area.
• High-Income Threshold: If you have been working in the selected work for the recommending/nominated manager/employer for a minimum of two years within the three years immediately before applying, and your earnings for each year during that period were at least equal to the Fair Work High Income Threshold.

Meeting these eligibility criteria ensures that you are well-prepared for the subclass 187 visa application, paving the way for a smooth transition to permanent residency in Australia.

Transitional Arrangements

If you held (or had appeared for and were later granted) a subclass 457 visa on 18 April 2017, you remain eligible to apply for the subclass 187 visa, provided you are below 50 years of age at the period of application.

Current Visa Status

To qualify for the subclass 187 visa, you must currently be the prime holder of one of the subsequent visas:

• Subclass 457 Visa
• Subclass 482 (TSS) Visa
• Bridging Visa A, B, or C associated with a pending 482, 186, or 187 visa application. The bridging visa must have been granted after your subclass 457 or TSS visa expires.

Definition of Transitional Worker

The legislation defines a “transitional 482 worker” as someone who, on 20 March 2019, held a TSS visa (subclass 482) in the Medium-term stream or had applied for such a visa, which was subsequently granted. This date is significant due to the Australian Government's announcement regarding the closure of the Regional Sponsored Migration Scheme (RSMS) Direct Entry visa (subclass 187) and the introduction of the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494).

Health Requirements

You and the family members comprised in your application must meet Australia's health requirements. This also applies to any other family members who are not included in your application.

Character Requirements

All applicants aged 16 years and over must meet Australia's character requirements. This includes any family members who are part of your application and potentially those who are not.

Australian Values Statement

In case you are 18 years or older, you must:

• Have recited, or been described, in the Life in Australia booklet.
• Sign an Australian Values Statement, affirming that you will honor the Australian mode of life and follow Australian laws.

English Language Proficiency

You must have at least Competent English. You are exempt from this requirement if you have concluded a lowest of five years of full-time study in a secondary or higher education institution where the instruction was entirely in English.

Debt to the Australian Government

If you owe money to the Australian Government, you must have either repaid the debt or have made formal arrangements to do so.

Immigration History

Your immigration history will be reviewed as part of the application process. You could potentially be disqualified from obtaining this visa if your visa has been revoked or if a prior application has been denied. However, in certain circumstances, you may still apply for a permanent visa despite having a visa canceled or an application refused.

Seeking Immigration Assistance

By meeting these transitional and additional requirements, you can enhance your eligibility for the subclass 187 visa, ensuring a successful transition to permanent residency in Australia.

Step-by-Step Procedure for Temporary Residence Transition Stream-Subclass 187 Visa Application

Step 1: Before You Apply

Organize Health Exams

You must undergo health examinations as part of your visa application process. You have the option to complete these exams before you apply or wait until after you submit your application. To arrange your health exams beforehand, find out which examinations are required and how to schedule them.

Seek Assistance with Your Application

If you need help with your application, only certain individuals are authorized to assist you. Those who can provide immigration assistance must be:

• A registered migration agent
• A legal practitioner
• An exempt person

You can also assign somebody to accept documents on your behalf related to your visa application.

Obtain the Nomination TRN

Ensure that your employer has submitted a nomination application for you. Once submitted, they will receive a Nomination Transaction Reference Number (TRN). Request this TRN from your employer, as you will require it to apply for the visa.

Know Your Rights and Your Employer's Duties

Be aware that both criminal and civil penalties can be imposed on anyone involved in exchanging benefits for visa sponsorship. This includes asking for, receiving, offering, or providing such benefits.

By following these preliminary steps, you can ensure a smooth and organized start to your subclass 187 visa application process.

Step 2: Gather Your Documents

Provide Accurate Information

Confirm that all the data or information you provide is correct. Wrong or false data can lead to delays or rejection of your application.

Identity Documents

Submit the following documents:

• Current passport pages showing your photo, personal details, passport issue, and expiry dates.
• National identity card, if you have one.
• Proof of any name changes (e.g., marriage or divorce certificate, change of name documents from an Australian Registry of Deaths, Births, and Marriages, or related overseas consultant).

Licensing, Registration, or Membership

Provide evidence of any necessary licenses, registrations, or professional memberships required for your nominated occupation in the state or territory where you intend to work.

Skills Assessment

If required, you will need to undertake a skills assessment to prove your qualifications and skills for the nominated occupation.

Age Exemption Documents

If you are 45 years or older, furnish documents to display that you are exempted from the age eligibility criteria.

English Language Documents

Submit documents proving you have Competent English. If you have finished a minimum of five years of full-time study in an English-speaking institution, provide evidence of this to demonstrate you have Functional English.

Health Documents

You do not need to submit health documents if you have already completed medical exams; the results will be sent directly by your doctor.

Character Documents

Furnish an Australian police permit (comprehensive disclosure National Police Certificates issued by the Australian Federal Police). Additionally, provide:

• An international police certificate from each nation where you resided for 12 months or longer during the past decade since reaching 16 years of age.
• Military service records or discharge papers if applicable.

For more information, refer to the Character requirements for visas.

Notify Us If You Are Getting Help

To nominate someone to:

• Obtain your communication, use Form 956A Appointment or withdrawal of an authorized recipient.
• Offer immigration support, use Form 956 Appointment of a registered migration agent, legal practitioner, or exempt person.

Upload your written notification or forms to ImmiAccount.

Partner Documents

Provide the following for your partner:

• Identity and character documents.
• Recent nuptial/marriage certificate or evidence of a de facto relationship for at least 12 months before applying (e.g., joint bank account statements, joint leases or mortgages, documents showing you lived at the same address).

Proof of Functional English for your partner is required. If you cannot provide this, you will need to pay the second installment when requested.

Dependents Under 18 Documents

For each dependent under 18 applying with you, provide:

• Identity documents.
• Proof of relationship (e.g., birth or marriage certificate).
• Character documents, if applicable.

Parental Responsibility Documents

For applicants under 18, provide consent from anyone with a legal right to decide where the child lives who is not migrating with the child:

• Form 1229 Authorization form to issue an Australian visa to a minor below 18 years of age, or a legal statement.
• Incorporate an individuality document with the photo and signature of the consenting person (e.g., passport, driver’s license).

Alternatively, provide an Australian court order allowing the child to migrate or evidence that your home country's laws permit the migration.

Dependents Over 18 Documents

For each dependent 18 or older applying with you, provide:

• Identity documents.
• Supplementary relationship documents, if applicable.
• Character documents.
• Proof of dependence (e.g., Form 47a, proof of relationship, financial dependency evidence such as tax records, proof of living together, or study records).

Proof of Functional English

Show that your family member has Functional English. If not, you will need to pay the second installment when requested.

Prepare Your Documents

Translate

Translate all non-English documents into English. Interpreters in Australia must be credited by the National Accreditation Authority for Translators and Interpreters (NAATI). Translators outside Australia must include their full name, address, telephone number, qualifications, and experience on each translation.

Scan or Photograph

Scan or photograph all documents in color. Ensure the scans and photos are clear and, if a document is multiple pages, save it as one file.

Attach

Attach each document only once, even if used for multiple purposes. Ensure all documents are uploaded clearly and correctly to your application.

By following these detailed steps and organizing your documents meticulously, you will facilitate a smooth and efficient visa application process.

Step 3: Apply for the Visa

Ensure Accuracy

It's vital to deliver precise and honest information. Inaccurate information or failure to prove your identity can outcome in delays or refusal of your application.

Submit Your Application Online

1. Login or Create an ImmiAccount:
• Visit the ImmiAccount website.
• Log in if you already have an account, or create a new one if you don't.
2. Attach Required Documents:
• Upload all necessary documents to your ImmiAccount. Ensure that each document is clear and correctly attached.
3. Pay the Application Fee:
• Submit the application charge. Remember, your application will not be processed until the fee is paid.
• Keep a record of the Transaction Reference Number (TRN) for future reference and tracking.

By following these steps and ensuring all information and documents are accurately submitted, you will streamline the visa application process and upsurge the probabilities of an effective conclusion.

Step 4: After You Apply

What to Expect

Once you’ve submitted your application, here’s what you need to know and do:

Confirmation of Receipt

• Acknowledgment: We will notify you once we have received your application.

Status Updates

• Application Tracking: We cannot provide updates during the standard processing time.
• Information Requests: Check ImmiAccount to see if we need more information from you.

Traveling Post-Application

• Leaving Australia: If you plan to travel while your application is processed, you do not need to inform us. However, ensure you have a valid visa to re-enter Australia.

Health Examinations

• Pending Health Exams: If you haven’t completed your health exams before applying, we will inform you if they are needed. Monitor your ImmiAccount for updates.

Biometrics

• Biometric Requests: We may ask for your biometrics (fingerprints and photos). If required, you will be notified.

Additional Information

• Document Submission: If you didn’t attach all necessary documents initially, upload them promptly to your ImmiAccount. We may also request further information.

Maintaining Lawful Status

• Visa Validity: Ensure you hold a valid visa during the processing period. Characteristically, a linking visa is approved when you apply for a new visa in Australia, allowing you to stay legally while awaiting the decision.

Second Instalment Payment

• Payment Notification: If a second installment is required, you will receive an invoice after meeting all other visa requirements.

Adding Family Members

• Post-Application Additions: You can add family members to your application after submission but before the visa decision is made. Eligible family members include:
• Your partner
• Your dependent child or stepchild
• Your partner’s dependent child or stepchild
• Newborn Children: Learn what steps to take if your child is born after your application submission.

Correcting Application Mistakes

• Error Notification: If you made a mistake on your application, inform us promptly. Finalize and submit Form 1023 Notification of Incorrect Answers.

Assistance with Your Application

• Change of Representatives: If you no longer want someone to receive your correspondence or provide immigration advice, complete the relevant forms:
• Form 956A for appointing or withdrawing an authorized recipient
• Form 956 for appointing a registered migration agent, legal practitioner, or exempt person
• Upload Forms: Submit your written notification or forms to ImmiAccount.

Reporting Changes in Circumstances

• Notification Requirements: Inform us of any significant changes, such as:
• Withdrawing your application
• Changes in contact information (phone number, email, address, passport)
• Changes in relationship status
• Birth of a child
• Additional Steps: Refer to guidelines on what to do if your situation changes.

Further Assessments

• Skills Assessment: We may request a skills assessment after your application has been submitted.

Step 5: Visa Outcome

Application Decision

• Location Flexibility: You can be inside or outside Australia when we decide on your application.

Employer Nomination Approval

• Necessary Approval: We must approve your employer's nomination before granting you this visa.

Notification of Decision

• Written Confirmation: We will inform you of our decision regarding your visa application in writing.

Visa Grant Details

If Your Visa is Granted

• Information Provided: Upon approval, we will specify:
• Your visa grant number
• The commencement date of your visa
• Any applicable visa conditions.
• Keep Records: Retain a copy of the decision for your records.

If Your Visa is Refused

• Reasons for Refusal: If your visa application is rejected, we will outline:
• Reasons for refusal
• Your options for reviewing the decision.
• Non-refundable Fee: Please note, the visa application charge will not be compensated if your application is excluded.

Conclusion

• Understanding the Outcome: Whether your visa is approved or refused, we will provide clear information to guide your next steps.

When You Have This Visa

Coming to Australia

Before You Travel

• Check Your Travel Documents: Ensure you have:
• A valid visa to enter Australia
• A valid passport or other travel document

At the Border

• Completing an Incoming Passenger Card: All arrivals must complete an Incoming Passenger Card provided during the flight.
• Using SmartGate: Speed up your airport exit using facial recognition technology with your ePassport.

New Zealand Passport Holders

• If processed by an immigration officer, inform them:
• You hold a permanent Australian visa
• You do not wish for a Special Category visa (subclass 444)
• Failure to do so may result in being granted a 444 visa, potentially affecting your Australian citizenship eligibility.

In Australia

What You Can Do

• Visa Benefits: This visa allows you to:
• Reside in Australia indefinitely
• Work and study
• Enroll in Medicare
• Sponsor eligible relatives
• Travel to and from Australia for 5 years
• Apply for Australian citizenship, if eligible
• Initial Limitations: New residents may face initial waiting periods for some Australian Government payments and benefits.

Your Obligations

• Compliance with Laws: Adhere to all Australian laws.
• Employment Commitment: Work for your nominating employer in regional Australia for at least 2 years from:
• Entry into Australia (if visa granted offshore)
• Visa grant date (if granted in Australia)

Reporting Changes

• Notification Requirements: Inform us of changes such as:
• Contact details, relationship status, or passport updates
• Birth of a child

Traveling on Your Visa

• Travel Validity: Travel to and from Australia is permitted for up to 5 years from visa grant.
• Resident Return Visa (RRV): After expiry, obtain an RRV for re-entry as a permanent resident.

Visa Verification

• Using VEVO: Verify your visa status and conditions.
• International Movement Records: Request records via Form 1359 to prove entry to Australia.

Working

• Work Rights: Protected under Australian workplace laws. Study about your rights and privileges/entitlements.

Bringing Family

• Sponsorship: As a permanent resident, sponsor eligible family members to join you in Australia.

Becoming an Australian Citizen

• Path to Citizenship: Eligible for citizenship after a specified period. Explore citizenship requirements.

Leaving Australia

Before You Leave

• Travel Documents: Confirm your passport or travel document is valid for departure.
• Visa Validity: Check visa conditions and RRV expiry on VEVO.

At the Border

• Fast Departure Option: Use SmartGate for quicker airport exit with facial recognition technology.

After You Leave

• Proof of Visit: Request international movement records via Form 1359 to confirm your visit to Australia.

Disclaimer: While we strive to provide accurate and comprehensive information on the Australia work permit Regional Sponsored Migration Scheme visa (subclass 187) Temporary Residence Transition stream, we encourage all readers to conduct their thorough research. Visa regulations and requirements may vary, and individual circumstances can impact eligibility. For the most current and personalized guidance, we highly recommend that you explore official government resources and consult with qualified migration professionals. 

Advertisement