The minimum requirements of this Subclass 187 visa are set out below:
- Employer Requirements
- Nominated Position Requirements
- Visa Applicant Requirements
- Application Requirements
- How Long Does it Take?
Employer
The business seeking to employ you must:
- be actively and lawfully operating in a regional area of Australia
- genuinely need you to work in the nominated position under its direct control, and have the capacity to employ you in this position for at least two years
Position
The position to be filled must:
- be full-time and available for at least 2 years from the time your visa is granted
- be located in the regional area of Australia in which your employer operates its business
- not be able to be filled by an Australian citizen or permanent resident who is living in (or would move to) the area in which the position is located
- be an occupation included on the current Medium and Long-term Strategic Skills List (MLTSSL) OR the Regional Occupation List (ROL)
- have a salary that is:
- at least $53,900 per year (excluding any non-monetary benefits) AND
- at least the annual market salary rate (AMSR) for your nominated occupation
The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location.
You will be exempt from the AMSR requirement if your salary is more than $250,000 per year.
- be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location.
Visa Applicant
As the visa applicant, you must (unless specifically exempt from any requirement):
- have competent English i.e.
- hold a valid passport issued by the UK, USA, Canada, New Zealand or the Republic of Ireland (and you are a citizen of that country) OR
- an IELTS test score of at least 6 in EACH test component OR
- an OET test score of at least B in EACH test component OR
- a TOEFL iBT test score of at least 12 for listening, 13 for reading, 21 for writing and 18 for speaking OR
- a PTE test score of at least 50 in EACH test component OR
- a CAE test score of at least 169 in EACH test component
- have the qualifications required by ANZSCO for your nominated occupation
- have at least three years of full-time experience in your nominated occupation
- be under 45 years of age
- meet any mandatory licensing, registration or professional membership requirements
Application
Stage 1: Nomination Application
This application is lodged with the DHA on behalf of your employer, and relates to the skilled position that you have been offered, which must meet the requirements referred to above. Your employer is required to supply documents to the DHA in support of this application, the nature and extent of which will vary depending upon the particular circumstances of the business.
Employers must pay a one-off Skilling Australians Fund (SAF) levy for EACH subclass 186 nomination lodged with the DHA. The amount payable varies based on the employer’s annual turnover: For employers with an annual turnover of LESS THAN AU$10 million, the SAF levy is AU$3,000 per nomination. For employers with an annual turnover of AT LEAST AU$10 million, the SAF levy is AU$5,000 per nomination. The SAF levy must be paid upfront, at the time that the nomination is lodged. Please contact our office for further information regarding the SAF levy
Stage 2: Visa Application
Your visa application is lodged with the DHA either at the same time as the nomination application, or within six months of the DHA’s approval of the nomination. The main criterion is that you fulfil the above requirements, including the standard health and character checks.
Once the DHA has approved both applications, you will be granted a permanent visa. You may be in Australia or outside Australia when your visa is granted. You must then work in the nominated position with your employer for a term of at least 2 years from the visa grant date.
The time that it takes the DHA to process your application is dependent upon its processing time service standards, and may also vary due to a number of other factors, including the complexity of your case, perceived risk factors and processing priorities. Please contact us for current information regarding likely processing time frames for this type of application.
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