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Showing posts with label Regional Sponsored Migration Scheme. Show all posts
Showing posts with label Regional Sponsored Migration Scheme. Show all posts

Monday, 7 August 2017

Subclass 187 RSMS is an alternative solution to Permanent Residence

The RSMS (Regional Sponsored Migration Scheme) has significant benefits as compared to other skilled migration pathways. RSMS has the widest occupations list of any skilled migration visa type. Any occupation at ANZSCO skill level 1, 2 or 3 can be used to apply for an RSMS visa.

The RSMS Occupations List includes the following occupation categories:

Skill Level 1: Management and Professional occupations requiring a bachelor degree or 5 years of work experience

Skill Level 2: Associate Professional occupations requiring a diploma-level qualification or 3 years of work experience

Skill Level 3: Technician and Trade occupations requiring a Certificate III which includes 2 years of on-the-job training or a Certificate IV

The RSMSOL includes 224 occupations which are not on either the STSOL (used for 457 and ENS visa applications) or the MLTSSL (used for Skilled Independent Subclass 189 visas). These include occupations such as:

  • Various Specialist Managers such as PR managers, Policy and Planning Managers, Production Managers, Procurement Managers, Wholesalers and Importers or Exporters
  • Hospitality, Retail and Service Managers such as Retail Managers, Call or Contact Centre Managers and Financial Institution Branch Managers
  • Occupations in the Arts such as performers, authors, directors
  • Human Resources occupations
  • Sales Representatives in Industrial, Medical and Pharmaceutical Products
  • Air and Sea Transport Professionals such as pilots, ships engineers etc
  • Science occupations such as biochemists, metallurgists, research and development managers
  • Various engineering professional, technician and drafting specialisations
  • Office Managers and Practice Managers
  • Receptionists, secretaries and personal assistants
  • Child Care Group Leaders
  • Various trades
However, from March 2018, the selection of occupations for RSMS will be much more limited. Most applicants will need to have an occupation on the MLTSSL - at 183 occupations; this is much shorter than the RSMSOL which has 673 occupations. Additional occupations may be available for regional positions, but at this stage it is not clear how many extra occupations will be available.

Training Requirement
Unlike the 457 and ENS programs, the employer does not need to show that they have met the training benchmarks to be able to sponsor for RSMS. Establishing compliance with the training benchmarks is generally the most involved part of applying for 457 and ENS, so this is of great benefit.

From March 2018, a training levy will be payable when applying for an RSMS visa. For businesses with under AUD 10 million in turnover, the training levy will be $3,000. For larger businesses, the levy will be $5,000. It is not yet clear if this can be paid by the individual applying for the RSMS visa, or whether it must be paid by the employer.

Skill Level and English Requirement
Most applicants only need to meet the ANZSCO skill level for their occupation to meet the skill requirement for RSMS. Either a formal qualification or work experience is generally sufficient to meet the ANZSCO skill level, though registration is also necessary if this would be required for the position.

Unlike general skilled migration or the ENS Direct Entry Stream, a formal skills assessment is not in general required. This would normally only be necessary where nominating a trade occupation and where the applicant does not have an Australian trade certificate.
In terms of minimum work experience, this is currently not required if you hold a relevant qualification. This means that international students can potentially qualify for an RSMS visa without any work experience. 

From March 2018, a minimum of 3 years of work experience in the occupation will be required when applying for an RSMS visa.

For the Direct Entry RSMS pathway, Competent English is sufficient to qualify (6 in each band) - this is similar to what is required for the ENS visa, but significantly easier than the requirement for General Skilled Migration.

To meet the pass mark of 60 points for General Skilled Migration, many applicants will need Proficient English (7 in each band of IELTS or equivalent). Many applicants in pro rata occupations need 65 or 70 points to receive an invitation for a Skilled Independent Subclass 189 visa - these applicants may need to get full points for Superior English (8 in each band or equivalent).

The RSMS visa is a permanent visa which allows you to live in Australia indefinitely. This is more beneficial than the 457 visa, which for most occupations is now valid for only 2 years. It is also more beneficial than the Skilled Regional Provisional Subclass 489 visa, which is a 4-year visa which requires you to live and work in a regional area for 2 years before being eligible for permanent residence. However the RSMS visa can be cancelled if you do not commence work with your employer or if you do not stay with the employer for 2 years. However, if this is due to circumstances beyond your control (eg business went into liquidation, redundancy etc.), your visa is unlikely to be cancelled, particularly if you do continue to live in a regional area.

Lastly the RSMS is a highly beneficial visa which in many ways is easier to qualify for than the 457, ENS and General Skilled programs.

However, from March 2018, many applicants will no longer be eligible for the RSMS visa - particularly if your occupation is not on the MLTSSL or if you do not have 3 years of skilled work experience.

Contact Nevett Ford Lawyers if you require advice or assistance.

Thursday, 26 February 2015

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


The Regional Sponsored Migration Scheme (RSMS) (subclass 187 visa) allows employers in regional or low population growth areas of Australia, to sponsor employees who are foreign nationals for a permanent visa to work in Australia.


Visa applicants can apply in or outside of Australia for RSMS (subclass 187) visa.

Note: ONLY applicants who hold a substantive visa or relevant bridging visa when applying for the RSMS visa (subclass 187) in Australia will be eligible for a bridging visa. 

Other Requirements for the Regional Skilled Migration Scheme

Direct Entry

A regional certifying body must first certify the nominated position against the following criteria:

  • Business must be actively and lawfully operating in Regional Australia
  • The position must be available for a minimum of two (2) years
  • The business requires a person for the nominated position and satisfies the market rate requirement

In addition to the above, the department will also assess the application against the following criteria:

  • the nomination has been approved by the relevant Regional Certifying Body
  • the business follows all relevant Australian laws and has a satisfactory record of meeting immigration laws (if applicable)
  • the nominated position is in a business operated by the employer
  • the position is being remunerated in accordance with relevant workplace legislation and awards.
The Employee must:

  • have the relevant qualifications and/or work experience for the nominated position which are equivalent to the Australian standard (Skills Assessment may be required in some circumstances)
  • meet any mandatory licensing, registration or professional membership requirements which allow you to work unsupervised and without further training
  • have been offered a full time position for a fixed term of at least two years (supported by evidence of a contract or letter of appointment signed by both the employer and the employee)
  • be under 50 years old
  • have Competent English language ability

Note:  Exemption of certain requirements is available.

Temporary Residence Transition stream

If you have already worked for your nominating employer for two years in Australia, your skills do not need to be assessed.

You must have at least vocational English. No Regional Certification is required for this stream.

This stream is available only to people who hold a subclass 457 visa. People who hold other 400 series visas may qualify to apply for a permanent residence visa through the Direct Entry stream.

Benefits of the Regional Skilled Migration Scheme

This visa allows employers operating in regional and low population growth areas of Australia (NSW, Victoria, and other States and Territories) to sponsor skilled workers to fill skilled vacancies in their business.