If an employer has offered to sponsor you or your business is intending to sponsor someone for an Australian permanent residency visa you should seek migration advice from a registered migration agent or immigration lawyer in order to determine which visa may be the most appropriate for your circumstances.
In the table below we will summarise the differences between the 186 ENS (Employer Nomination Scheme) and 187 RSMS (Regional Sponsored Migration Scheme) visa schemes. Despite its name the 187 visa still requires ‘employer sponsorship’.
It should be noted that both schemes contain three streams: ‘Direct Entry’ (DE), ‘Temporary Residence Transition’ (TRT) and ‘Agreement’ streams. The Agreement stream is for people nominated by an employer through a labour agreement with the Department of Immigration and Border Protection (DIBP), for simplicity we will not cover this stream in the table below.
Summary of differences between the 186 and 187 visa streams
186 DE |
186 TRT |
187 DE |
187 TRT |
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Employer Nomination Requirements1
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| Period of employment offered |
Position must be available for at least 2 years |
Position must be available for at least 2 years |
Position must be available for at least 2 years |
Position must be available for at least 2 years
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| Positions that can be nominated |
Occupation must be listed on the Consolidated Sponsored Occupation List
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Employee must have worked in the same nominated position in your business for at least two years prior to nomination |
Occupation must be classified at skill level 1 to 3 in the Australian and New Zealand Standard Classification of Occupations
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Employee must have worked in the same nominated position in your business for at least two years prior to nomination |
| Training requirements |
Business must meet the training requirement (depending on the circumstances your business must make a yearly spend on training equivalent to 1 or 2% of total yearly payroll) |
Business must meet the training requirement (depending on the circumstances your business must make a yearly spend on training equivalent to 1 or 2% of total yearly payroll) |
Business does not need to meet the training requirement (However current 457 sponsors may be asked to prove that there are currently meeting the training requirement)
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Business must meet the training requirement (depending on the circumstances your business must make a yearly spend on training equivalent to 1 or 2% of total yearly payroll)
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| Position located in a regional area |
Not required |
Not required (however see ‘Nomination charges’ below) |
Yes, position must be located in a regional area. <h5>The whole of Western Australia including Perth is listed as a regional area for the purposes of the RSMS scheme. |
Yes, position must be located in a regional area.
The whole of Western Australia including Perth is listed as a regional area for the purposes of the RSMS scheme. |
| Regional Certification Body (RCB) advice |
Not required |
Not required |
Required |
Not required
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| Nomination charges |
DIBP charge of $540 |
DIBP charge of $540 applies unless the position is located in a regional area. |
No DIBP charge but RCB charge likely to apply (e.g if position is based in Perth RCB charge is $200)
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No DIBP or RCB charge |
Visa Application Requirements2
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| Age |
Must be under 50 years of age prior to application unless exemption applies
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Must be under 50 years of age prior to application unless exemption applies |
Must be under 50 years of age prior to application unless exemption applies |
Must be under 50 years of age prior to application unless exemption applies |
| English language requirements |
IELTS test score of 6 in every band (or equivalent test score in alternate test) or relevant exemption applies |
IELTS test score of 5 in every band (or equivalent test score in alternate test) or relevant exemption applies |
IELTS test score of 6 in every band (or equivalent test score in alternate test) or relevant exemption applies |
IELTS test score of 5 in every band (or equivalent test score in alternate test) or relevant exemption applies |
| Skill Assessment |
Required (cost approximately $1000 to $2000 depending on the assessing authority), unless exemption applies
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Not required |
Required if nominated in an occupation specified in the relevant legislative instrument and you obtained your qualifications outside of Australia, unless exemption applies
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Not required |
| Work experience |
Employee must prove that they have at least 3 years work experience in the nominated occupation
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Employee must have worked in the same nominated position in your business for at least two years prior to nomination |
Not required (unless applicant is using work experience in lieu of holding a formal qualification)
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Employee must have worked in the same nominated position in your business for at least two years prior to nomination |
Visa Applicant Obligations3
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| Commencement of nominated employment |
Must not provide ‘false or misleading information’ that you intend to commence nominated employment |
Must not provide ‘false or misleading information’ that you intend to commence nominated employment |
Must make ‘genuine effort’ to commence employment within 6 months of the date of approval of the visa application (if in Australia at time of approval) or within 6 months of entering Australia as an RSMS visa holder
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Must make ‘genuine effort’ to commence employment within 6 months of the date of approval of the visa application (if in Australia at time of approval) or within 6 months of entering Australia as an RSMS visa holder |
| Requirement to work for two years in nominated employment |
Must not provide ‘false or misleading information’ that you intend to remain engaged in nominated employment for two years
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Must not provide ‘false or misleading information’ that you intend to remain engaged in nominated employment for two years |
Must make ‘genuine effort’ to remain engaged in nominated employment for two years
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Must make ‘genuine effort’ to remain engaged in nominated employment for two years |
DIBP Processing Priority
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| Priority Group |
2 |
2 |
1 |
1
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1 Other employer nomination requirements apply that are applicable to both the RSMS and ENS scheme.
2 Other visa application requirements apply that are applicable to both the RSMS and ENS scheme.
3 Other visa applicant obligations apply that are applicable to both RSMS and ENS visa holders.
Other visa options?
Even if you have an employer willing to sponsor you for Australian permanent residency you may wish to consider applying for a points-based skilled migration visa which gives you the flexibility of working for whoever you choose.
If you need assistance with an application for an Australian visa or sponsorship of someone for an Australian visa, please contact Equitas Lawyers on (08) 9228 2881.
Equitas Lawyers are migration agents and immigration lawyers based in Perth, Western Australia.
Disclaimer : This blog is provided by Equitas Lawyers for general information purposes only. While every care has been taken in preparing this blog, it is intended to be a guide only, and no warranty is given as to the accuracy, currency or completeness of the information contained herein. It is not intended to be, nor should it be, relied upon as a substitute for legal or other professional advice. Formal legal advice should be sought in particular matters.
