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Visa Information

EMPLOYER SPONSORED VISAS: 186 & 187

If you want to work in Australia you need a subclass 457 visa or of the twoskilled working visas. Perth based MMA agents are experts in both types of skilled working visas: Employer Nominated Visas and Regional Sponsored Migration Visas.

The Employer Nomination Scheme (ENS – Subclass 186) is a permanent visa for the sponsored employees.

It is a common way for 457 visa holders to qualify as permanent residence. However, it does have a higher skill level requirement than the Subclass 457 visa.

Subclass 186 Employer Nomination Visas

Our Perth agents assist you with the two stages of the Employer Nominated subclass 186 visa application:

  • Nomination: involves review of the business’ operations as well as the position offered to the employee; and
  • Visa Application: of which there are three stages of testing: English language testing, medical assessment and national police check.

Application Options

There are three possible application pathways for subclass 186 Employer Nomination Visas in Perth and other Australian cities:

  • Temporary Residence Transition: available when applicants have worked with the employer on a 457 visa for the last 2 years. In this case, no skills assessment is required.
  • Direct Entry Stream: the employee will need to provide a formal skills assessment in their occupation, and show that they have worked in their occupation for three years. The required English level is IELTS 6, unless an exemption applies.
  • Agreement Stream: where the employer has a Labour Agreement.

Subclass 186 Employer Nomination Visa in More Detail

Like the 457 visa, this subclass of Employer Nominated Visas allows you to live and work in Perth and the rest of Australia, however it requires a higher level of documentation. Some difficulties that can be encountered in applying for this visa include:

  • Obtaining a skills assessments – each skills assessing authority has different criteria, but in some circumstances this requirement can be avoided or clearly and efficiently managed by your RMA.
  • Demonstrating that the employer meets the “satisfactory record of training” requirement – a complex area that requires close cooperation with your RMA. With Modern Migration’s substantial expertise in Business and Investment, we know how to work with you, to streamline this process and minimise any disruption the process may cause to applicants.
  • Showing exceptional circumstances where visa applicants could not meet the usual requirements for age, English language ability and/or level of skill.

Subclass 187 Regional Skilled Migration Visa – Perth & Australia

The Regional Sponsored Migration Scheme (RSMS) visa is a permanent employer sponsored visa that requires a job offer in a Regional Area of Australia. At Modern Migration Australia we can help you through the application process, ensuring you the best chance of attaining a Regional Sponsored Migration Visa to work in Perth or anywhere else in the country.

RSMS Application Phases

There are in general three stages to an RSMS application:

  • RCB Certification: the Regional Certifying Body (of Advice) will ensure that the position is genuine, and, in many cases, require that the position has been advertised.
  • Nomination: review of the business and position by the Department of Immigration and Border Protection.
  • Visa application: there are three pathways, and generally the skill level is lower than for the Employer nominated Visa’s. Applicants must be aged under 50, unless exceptional circumstances apply.

RSMS Regional Areas

In order to be granted a Regional Sponsored Migration Visa, for Perth or other Australian cities, the employee must be offered a position in a “regional area.” Regional areas are specified by postcode by the Department of Immigration and Border Protection and are comprehensive in their coverage for this visa subclass.

Designated Regional areas for RSMS sponsorship:

  • All of Western Australia
  • All of South Australia
  • All of Tasmania
  • All of the ACT
  • All of the Northern Territory
  • New South Wales (NSW) – all areas excluding: Sydney, Newcastle and Wollongong
  • Victoria – all areas excluding Melbourne
  • Queensland– all areas excluding Brisbane

Application Pathways

There are three possible application pathways for an RSMS visa:

  • Temporary Residence Transition: where applicants have worked with the employer on a 457 visa for the last 2 years. In this case, no RCB certification is required, however an English level equivalent to IELTS 5 is required.
  • Direct Entry Stream: the position will need to be certified by an RCB, and the employee will need an English level equivalent to IELTS 6. Applicants in trade occupations may require a formal skills assessment.
  • Agreement Stream: where the employer has a Labour Agreement.

Understanding RSMS Visas

Businesses and employers often face some confusion and difficulties when obtaining RSMS visas because of some of following:

  • Identifying the correct eligibility stream;
  • Obtaining an RCB approval – each RCB has different criteria and an approval may need to be individually negotiated with the RCB;
  • Showing exceptional circumstances where visa applicants would not meet the usual requirements for age, English language ability and skill level (this is one area where your RMA brings experts skills and knowledge to assist businesses and employers).

RSMS or ENS visa

The requirements for RSMS are more straightforward than Employer Nominated Visas in a number of ways:

  • The employer does not need to meet the training requirements laid out for the Employer Nominated visa’s;
  • The visa applicant requires a lower level of skill for the Direct Entry Stream – most applicants do not require a skills assessment, and there is no minimum work experience requirement
  • It is possible to apply for RSMS in a wider range of occupations than there are available for Employer Nominated visas;
  • RSMS is the highest priority visa in the skilled migration stream;
  • Most importantly, this type of visa is most suited to Western Australian based business and operations.

Because of the more comprehensive documentation and compliance requirements associated with Regional Sponsored Migration Visa applications and Employer Nomination Visas, our Perth team at Modern Migration Australia, recommends the use of a Registered Migration Agent.

For further information on applying for Skilled Working Visas in Perth or interstate, speak to a qualified agent today.