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Various changes to the subclass 186 visa (ENS visa) and subclass 187 visa (RSMS visa) have been recently implemented!

The key changes to the 186 visa (ENS visa) and 187 visa (RSMS visa) are summarized briefly below.  Please note that this list is not an exhaustive list of all changes but contains the major changes in bite size form which we consider would be of importance to our clients:

  1. Age limit requirements: Applicants under the Temporary Residence Transition Stream and Labour Agreement Streams must now also be 45 years or younger (the age limit has therefore been reduced from 50 years to 45 years).  This is in alignment with the age reduction from 50 years to 45 years under the Direct Entry Stream which occurred in July 2017.
  2. Minimum 3 years work experience: Primary applicants must have at least 3 years of work experience which is relevant to their nominated occupation.
  3. Annual market salary rate: Employees must be provided with terms and conditions of employment which are at least equivalent to those which an Australian worker, performing the same work at the same location, would achieve.  This is not vastly different to the previous requirements.
  4. Mandatory Licensing / registration: There is now a requirement that visa applicants must hold any mandatory licensing or registrations required in order to lawfully perform their nominated occupation at the time their nomination application is lodged.
  5. Refusal of nominations based on prior work experience: Visa applicants under the Temporary Residence Transition stream who have been performing a different occupation or one which is at a lower skill level may be refused their visa.
  6. Capacity of the employer to nominate: Case officers may refuse a nomination if they consider that the employer does not have the capacity / resources to nominate their employee at the annual market salary rate for at least two years.
  7. TRT stream work requirements: There is now a requirement that applicants under the Temporary Residence Transition Stream must have worked for at least three years out of the previous four years in the same occupation as their subclass 457 or 482 visa was held (previously the requirement was 2 years work).  There are exceptions to this rule.  The first four digits of the ANZSCO code for their nominated occupation under the subclass 457 / 482 visa must match their proposed nominated occupation. 
  8. Subclass 187 additional requirement: Employers wishing to nominate under the subclass 187 Direct Entry stream must now also demonstrate that that the position cannot be filled by an Australian worker who would be willing to move to the relevant regional area.
  9. Subclass 187 specified Regional Certifying Bodies: Specific Regional Certifying Bodies are now responsible for specified local areas under the Direct Entry Stream.

 

We have provided a comprehensive overview of the ENS visa and RSMS visa online:

Skilled Migration

Sponsoring Employees

 

Skilled Migration - ENS and RSMS visa

 

As always, if you have any questions, please do not hesitate to contact us:

Migration Agent


 

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