14 Dec, 2022
VIHAAN SALARIA
Australia Immigration
You will need a sponsorship of business for the position which is located in eligible regional areas for the 187 visa, which is a PR visa. Out of the eligible regions, your nominated role must be in the list as only certain areas are eligible like New South Wales, Victoria, Western Australia and entire states of South Australia and the capital of the Australian territory along with the Northern Territory.
To apply for this visa, you can satisfy the two streams, which are Direct Entry System and the Temporary Residence Transition Stream.
To start with the requirements, let us first get to the primary or standard requirements that are to be satisfied by the primary applicant for both the Streams. The following are the requirements:
The applicant must be less than45 years of age at the time of lodging the application. (Anyways the applicant can turn 45 years of age or older after applying)
A proficient English is required for both the streams for which the results from exam conducted within 3 years of applying for visa application are considered. But you must score more than the minimum required score for skill assessment or a higher level is required to get mandatory registration along with the licence or professional membership required for working in your nominated occupation.
- Must have (or be eligible for) any mandatory registration, licence or professional membership:
If it is required for working in your nominated occupation, then you hold or are eligible for this. (If you are working as a registered professional in the occupations)
- If you are applying in Australia:
You can directly apply for this visa if you hold a temporary visa, or a bridging visa (Provided you have a due hearing under section 48). In that case, you can apply for visa B to leave Australia temporarily to apply for 187 Visa.
This criterion of character and health requirements must be satisfied by all the members of the applicant for getting the PR visa; else visa will be refused. (Also, the members not included in the visa application.
- Promise to work in the nominated role:
The applicant must be ready to work for the position, for which he/she has been nominated for at least 2 years from the grant of PR visa and the employer must also have the appointed role available for the applicant for those 2 years.
Nomination Application for 187 Visa:
Specific requirements are to be fulfilled within the two streams by sponsoring business. Know what are they:
The applicant must get a similar salary to what is paid to an Australian employee on the same position and is consistent with the “Australian Market Rate”.
- Commitment required to work in the nominated position/role:
The visa applicant and the employer must ensure that the position is available for working for 2 years, which will be evaluated by the department.
- Should comply with the migration and laws at the workplace:
The business must satisfy and comply with the Australian immigration and workplace relations laws.
- There should be no adverse information:
There must not be any adverse information is found with the sponsoring business or any person associated with the business associated.
Direct Entry Stream (DE)
Requirements under DE Stream:
The applicant must have 3 years of experience of the nominated occupation or relevant work. Part-time work can also be considered on a pro-data basis, which considers 12-month part-time work equal to 6 months of full-time experience.
- Should have proper skills:
The applicant must not get through a skill assessment for the nominated position necessarily. Only if your occupation is present in listed trade occupations, you will need a skill assessment, or you must have qualification satisfying the ANZSCO requirements. (You are exempted if you are subclass 444 or Subclass 461 visa holder)
Primary visa applicant requirements under Temporary Residence Transition stream::
- Occupations that are eligible:
You must nominate the occupations which are on the eligibility list of Occupations for the 187 Visa.
- Area of employment must be eligible:
The postal code of the business where you are nominated for employment must be in the list of eligible regions of Australia falling under the regional areas list.
- The application must be according to Regional certifying body:
The employer must not nominate any Australian Citizen on the position for which you are nominated, and he must also announce it through the newspaper at least for 4 weeks. The RCB will provide a report to the Department in relation to the same, but these applications take almost 8-12 weeks.
Temporary Residence Transition (TRT) stream
If you held a Primary 457 visa, or you were applying for a Primary 457 visa, the following are requirements that are to be fulfilled:
- Work full-time for 2 years under 457 visa holder:
The applicant must work for 2 years full time in the last 3 years under 457 or 482 (if applicable) else you can opt for a bridging visa but only after completing those two years of work before.
- Eligibility of Occupations:
The occupations must be according to ANZSCO as 457 visa application or eligible list for the 187 visa.
The occupations must be according to ANZSCO as 457 visa application or eligible list for the 187 visa.
Applicant must work for three years as a 457 and/or 482 TSS visa holders:
Out of 4 years, the applicant must have worked for three years as a full-time employee for 187 visa application for your nominated role under 457 0r 482 TSS visa.
Whereas, the Business nomination requirements under the Temporary Residence Transition stream are the same as discussed in the common requirements.
