Visa Conditions
As the visa applicant, you must,
- hold a substantive visa or a Bridging visa A, B or C
- usually, have worked for your employer in regional Australia for at least 3 years full-time while holding a subclass 457 or TSS visa
- have been nominated by an Australian employer whose nomination was approved in the 6 months prior to you applying
Visa Eligibility
- You can apply for this visa from in or outside Australia. If you are in Australia, you must hold a substantive visa or a bridging visa A, B or C. You can be in or outside Australia when a decision is made on your application.
- You must currently be the primary visa holder of either a subclass 457 visa OR a subclass 482 (TSS) visa OR a bridging visa A, B or C. The bridging visa must be the one you were granted after your subclass 457 or TSS visa expired.
- You must have the required skills and qualifications needed to perform the tasks of the nominated occupation. DOHA might ask you to provide a skills assessment to show you have these skills.
- You must fulfill the licensing, registration, or membership requirement:
You must be licensed, registered or a member of a professional body if it is mandatory in the state or territory you intend to work in. - You must be nominated by the employer who sponsored your temporary work visa.
Your employer must have sponsored you to work full-time on your subclass 457 or subclass 482 visa for at least 3 of the 4 years prior to nominating you for the subclass 187 visa.
If you held (or had applied for and were later granted) a subclass 457 visa on 18 April 2017, your employer must have sponsored you to work full-time for at least 2 of the 3 years prior to nominating you for this visa.
Changes to sponsorship
If the business ownership of the subclass 457 or subclass 482 sponsor has changed in the last 3 years – for example, due to a business sale, takeover or restructure – you might still be able to count the time you worked for the previous business.
Eligible business
You must be nominated by an Australian employer whose business is actively and lawfully operating in Australia and the position you are being nominated for must be in regional Australia.
- You must meet the age requirement.
Usually, you must be under 45 years of age when you apply. You are exempt from this criterion if any of the following applies to you: - You are nominated as an academic (university lecturer or faculty head at Academic Level B, C, D or E) by a university in Australia
- You are nominated as a scientist, researcher or technical specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency
- as a subclass 457 or TSS visa holder, you have been working in the nominated occupation for the nominating employer for at least the last 3 years, and your earnings were at least as much as the Fair Work High Income Threshold for each year of that period
- you are a medical practitioner who has worked in your nominated occupation for at least three years as a 457 or TSS visa holder. For two of those years you were employed in regional Australia. The nominated position is in regional Australia
If you held (or had applied for and were later granted) a subclass 457 visa on 18 April 2017, you can still apply for this visa if you are under 50 when you apply. - You must have at least Competent English.
You are exempt from this requirement if you have completed at least 5 years of full-time study in a secondary or higher education institution where all tuition was delivered in English. - You must apply for the visa within 6 months of the nomination being approved.
- You and any family member included in this application must meet all the health and character requirements
- You or any family member must not have any debt to pay to the Australian government. If you or any family members (including those who do not apply for the visa with you) owe the Australian Government money, you or they must have paid it back or arranged to pay it back.
- If you are 18 years of age or older, you must: have read or had explained to you, Life in Australia AND confirm you will respect the Australian way of life and obey Australian laws when you sign an Australian Values Statement
Note: If you have had a visa cancelled or a previous application refused, you may not be granted a visa<.
Eligibility Requirements for Sponsors
Consult with our expert registered migration agents to understand the nomination requirements for the employer to sponsor an applicant for this visa.
Be an eligible business
- Your business must:
- be the employer who last sponsored the 457 or TSS visa holder as a standard business sponsor
- have no adverse information known about it or any person associated with it, or it is reasonable to disregard this information
- actively and lawfully operate a business in regional Australia
- have a genuine need for a paid employee to fill a skilled position in regional Australia
- pay the Skilling Australians Fund levy when you submit your employer nomination application
- have complied with Australian immigration and workplace relations laws
- Your business must also be able to:
- offer a skilled position that is full time and ongoing in regional Australia for at least 2 years. The nominee’s employment contract must not limit the position to 2 years
- if the worker will earn less than AUD250,000 per year, pay them at least the annual market salary rate for these 2 years
- demonstrate the applicant is eligible for any licence, registration or membership needed at the time you submit your nomination
- For the skilled position;
- The nominated occupation must:
- usually, be on the list of eligible skilled occupations for this subclass 187 visa
- have the same ANZSCO 4-digit occupation unit group code as the occupation for which the applicant was granted their subclass 457 or subclass 482 visa
- The nominated occupation does not have to be on the eligible skilled occupation list for this subclass 187 visa if on 18 April 2017 the employee:
- held a subclass 457 visa, or
- had applied for a subclass 457 visa that was later granted
Be the applicant’s current sponsor:
In general, if you sponsored the applicant for a temporary work visa, you can nominate them for this stream of the permanent visa. You must be the applicant’s most recent approved sponsor.
What visa the applicant must hold
Usually when you nominate them, the applicant must hold or have most recently held:
- a subclass 457 visa granted under the Standard Business Sponsorship stream, or
- a subclass 482 visa granted under the Medium-term stream, or
- if on 18 April 2017 the nominee held a subclass 457 visa (or had applied for a subclass 457 visa that was later granted), a subclass 482 visa granted under the Short-term stream
If the applicant does not hold a substantive visa when you apply to nominate them, they must hold a bridging visa that was granted to them when they applied for:
- a subclass 457 visa granted under the Standard Business Sponsorship stream, or
- a subclass 482 visa granted under the Medium-term stream, or
- a subclass 186 visa, or
- a subclass 187 visa, or
- if on 18 April 2017 the nominee held a subclass 457 visa (or had applied for a subclass 457 visa that was later granted), a subclass 482 visa granted under the Short-term stream
How long the applicant must have held their visa
Usually, the applicant must have held one or more of the following visas for at least 3 of the 4 years before you nominate them for this permanent visa:
- a subclass 457 visa granted under the Standard Business Sponsorship stream, or
- a subclass 482 visa granted under the Medium-term stream
If on 18 April 2017 the applicant held a subclass 457 visa (or had applied for a subclass 457 visa that was later granted) they must have held subclass 482 visa granted under the Short-term stream for at least 2 of the 3 years before you nominate them for this permanent visa.
How long the applicant must have been employed
Usually, the applicant must have been employed for at least 3 years of the 4 years before you nominate them for this visa (not including periods of unpaid leave):
- in the position they were granted their visa to fill
- full time
- in Australia
If on 18 April 2017 the applicant held a subclass 457 visa (or had applied for a subclass 457 visa that was later granted) they must have been employed for at least 2 of the previous 3 years (not including periods of unpaid leave):
- in the position they were granted their visa to fill
- full time
- in Australia
If the applicant was granted a visa to work in certain occupations, they must have been employed in the position they were granted their visa to fill for 3 of the previous 4 years (not including periods of unpaid leave).
Continuity of employment
If your business ownership has changed in the last 3 years – for example due to sale, takeover or restructure – you might still be able to nominate the applicant. You must show you and the previous business sponsor would be considered the same employer.
Visa Processing Time
The processing time for the 187 visa varies a lot from person to person but 50% of applicants will be processed within 14 months. To avoid unnecessary delays, make sure to fill in your application correctly and accurately and attach all the required supporting documents.
