Subclass 187 — Regional Sponsored Migration Scheme

187.1—Interpretation

187.111

In this Part: application for approval means an application under regulation 5.19 for approval of the nomination of a position. occupation means the occupation that would be carried out by a person who is employed in a position. regional Australia has the meaning given by subregulation 5.19(16). Note 1: For ANZSCO and labour agreement: see regulation 1.03. Note 2: Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C.

187.2—Primary criteria

Note: The primary criteria for the grant of a Subclass 187 visa include criteria set out in streams. If an applicant applies for a Subclass 187 visa in the Temporary Residence Transition stream, the criteria in Subdivisions 187.21 and 187.22 are the primary criteria for the grant of the visa. If an applicant applies for a Subclass 187 visa in the Direct Entry stream, the criteria in Subdivisions 187.21 and 187.23 are the primary criteria. The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. All criteria must be satisfied at the time a decision is made on the application.

187.21—Common criteria

Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 187 visa.

187.211

If it is mandatory, in the State or Territory in which the position to which the application relates is located, that a person:

(a) hold a licence of a particular kind; or

(b) hold registration of a particular kind; or

(c) be a member (or a member of a particular kind) of a particular professional body;

to perform tasks of the kind to be performed in the occupation to which a position relates, the applicant is, or is eligible to become, the holder of the

licence, the holder of the registration, or a member of the body, at the time of application.

187.212

The position to which the application relates will provide to the applicant the employment referred to in the application for approval.

187.212A

Either:

(a) the Minister is satisfied that the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or

(b) both of the following apply:

(i) the Minister is satisfied that the applicant has engaged in such conduct in that period;

(ii) the Minister considers that it is reasonable to disregard the conduct.

187.213

(1) The applicant (the primary applicant) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010, 4020 and 4021.

(2) If the primary applicant has turned 18 at the time of application, the primary applicant satisfies public interest criterion 4019.

(3) Each person who is covered by subclause (4), (5) or (6) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010 and 4020.

(4) This subclause covers a person who is a member of the family unit of the primary applicant who is also an applicant for a Subclass 187 visa.

(5) This subclause covers a person (the relevant person) if:

(a) the relevant person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant; and

(b) the relevant person is an applicant for a Subclass 187 visa; and

(c) the Minister is satisfied that:

(i) the relevant person; or

(ii) a member of the family unit of the relevant person who has made a combined application with the relevant person or with the primary applicant; or

(iii) a dependent child of the relevant person or of the primary applicant;

has experienced family violence committed by the primary applicant. Note: For special provisions relating to family violence, see Division 1.5.

(6) This subclause covers a person if:

(a) the person is an applicant for a Subclass 187 visa; and

(b) the person is a member of the family unit of a person covered by subclause (5).

(7) Each person:

(a) who either:

(i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 187 visa; or

(ii) is covered by subclause (5) or (6); and

(b) who had turned 18 at the time of the primary applicant’s application;

satisfies public interest criterion 4019.

(8) If a person:

(a) either:

(i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 187 visa; or

(ii) is covered by subclause (5) or (6); and

(b) has not turned 18;

public interest criteria 4015 and 4016 are satisfied in relation to the person.

(9) Each person:

(a) who is a member of the family unit of the primary applicant; and

(b) who is not an applicant for a Subclass 187 visa;

satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004.

(10) Each person:

(a) who was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and

(b) who is a member of the family unit of a person who is covered by subclause (5); and

(c) who is not an applicant for a Subclass 187 visa;

satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004.

187.214

(1) The applicant satisfies special return criteria 5001, 5002 and 5010.

(2) Each person covered by subclause 187.213(4), (5) or (6) satisfies special return criteria 5001, 5002 and 5010.

187.22—Criteria for Temporary Residence Transition stream

Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 187 visa in the Temporary Residence Transition stream.

187.221

At the time of application, the applicant:

(a) had not turned 45; or

(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.

187.222

At the time of application, the applicant:

(a) had competent English; or

(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.

187.223

(1) The position to which the application relates is the position:

(a) nominated in an application for approval that:

(i) identifies the applicant in relation to the position; and

(ii) is made in relation to a visa in the Temporary Residence Transition stream; and

(c) in relation to which the declaration mentioned in paragraph 1114C(3)(d) of Schedule 1 was made in the application for the grant of the visa.

(2) The Minister has approved the nomination.

(3) The nomination has not subsequently been withdrawn.

(3A) Either:

(a) there is no adverse information known to Immigration about the person who made the nomination or a person associated with that person; or

(b) it is reasonable to disregard any adverse information known to Immigration about the person who made the nomination or a person associated with that person.

(4) The position to which the application relates is located in regional Australia.

(5) The position is still available to the applicant.

(6) The application for the visa is made no more than 6 months after the Minister approved the nomination.

187.224

(1) The applicant satisfies public interest criterion 4007.

(2) Each person covered by subclause 187.213(4), (5) or (6) satisfies public interest criterion 4007.

(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 187 visa satisfies public interest criterion 4007 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.

(4) Each person:

(a) who was, at the time of application, a member of the family unit of the applicant but is no longer a member of the family unit of the applicant; and

(b) who is a member of the family unit of an applicant who is covered by subclause 187.213(5) or (6); and

(c) who is not an applicant for a Subclass 187 visa;

satisfies public interest criterion 4007 unless it would be unreasonable to require the person to undergo assessment in relation to the criterion.

187.225

If the Minister requires the applicant to demonstrate that he or she has the skills that are necessary to perform the tasks of the occupation to which the position relates, the applicant demonstrates that he or she has those skills in the manner specified by the Minister.

187.23—Criteria for Direct Entry stream

Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 187 visa in the Direct Entry stream.

187.231

At the time of application, the applicant:

(a) had not turned 45; or

(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.

187.232

At the time of application, the applicant:

(a) had competent English; or

(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.

187.233

(1) The position to which the application relates is the position:

(a) nominated in an application for approval that:

(i) identifies the applicant in relation to the position; and

(ii) is made in relation to a visa in a Direct Entry stream; and

(iii) seeks to meet the requirements of subregulation 5.19(12); and

(b) in relation to which the declaration mentioned in paragraph 1114C(3)(d) of Schedule 1 was made in the application for the grant of the visa.

(2) The person who will employ the applicant is the person who made the nomination.

(3) The Minister has approved the nomination.

(4) The nomination has not subsequently been withdrawn.

(4A) Either:

(a) there is no adverse information known to Immigration about the person who made the nomination or a person associated with that person; or

(b) it is reasonable to disregard any adverse information known to Immigration about the person who made the nomination or a person associated with that person.

(5) The position is still available to the applicant.

(6) The application for the visa is made no more than 6 months after the Minister approved the nomination.

187.234

At the time of application:

(a) the applicant was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph; or

(b) all of the following requirements were met:

(i) the applicant’s occupation is specified by the Minister in an instrument in writing for this subparagraph;

(ii) the applicant did not obtain the necessary qualification in Australia;

(iii) the applicant’s skills had been assessed as suitable for the occupation by an assessing authority specified by the Minister in the instrument for subparagraph (i) as the assessing authority for the occupation;

(iv) the assessment was not for a Subclass 485 (Temporary Graduate) visa;

(v) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended;

(vi) if subparagraph (v) did not apply—not more than 3 years had passed since the date of the assessment;

(vii) the applicant has been employed in the occupation for at least 3 years on a full-time basis and at the level of skill required for the occupation; or

(c) all of the following requirements were met:

(i) the applicant’s occupation was not specified by the Minister in an instrument in writing for subparagraph (b)(i), or the applicant obtained the necessary qualification in Australia;

(ii) the applicant had the qualifications listed in ANZSCO as being necessary to perform the tasks of the occupation;

(iii) the applicant has been employed in the occupation for at least 3 years on a full-time basis and at the level of skill required for the occupation.

187.235

(1) The applicant satisfies public interest criterion 4005.

(2) Each person covered by subclause 187.213(4), (5) or (6) satisfies public interest criterion 4005.

(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 187 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.

(4) Each person:

(a) who was, at the time of application, a member of the family unit of the applicant but is no longer a member of the family unit of the applicant; and

(b) who is a member of the family unit of an applicant covered by subclause 187.213(5) or (6); and

(c) who is not an applicant for a Subclass 187 visa;

satisfies public interest criterion 4005 unless it would be unreasonable to require the person to undergo assessment in relation to the criterion.

187.3—Secondary criteria

Note: These criteria are for applicants seeking to satisfy the secondary criteria. All criteria must be satisfied at the time a decision is made on the application.

187.31—Criteria

187.311

(1) The applicant meets the requirements of subclause (2), (3), (4) or (5).

(2) The applicant:

(a) is a member of the family unit of a person (the primary applicant) who holds a Subclass 187 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and

(b) made a combined application with the primary applicant.

(3) The applicant meets the requirements of this subclause if:

(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 187 visa, and the primary applicant has since been granted that visa; and

(b) the relationship between the primary applicant and the applicant has ceased; and

(c) one or more of the following:

(i) the applicant;

(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;

(iii) a dependent child of the applicant or of the primary applicant; has experienced family violence committed by the primary applicant; and

(d) the applicant:

(i) was in Australia at the time the applicant’s visa application was made; or

(ii) entered Australia after the applicant’s visa application was made.

(4) The applicant meets the requirements of this subclause if:

(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 187 visa; and

(b) the relationship between the primary applicant and the applicant has ceased; and

(c) one or more of the following:

(i) the applicant;

(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;

(iii) a dependent child of the applicant or of the primary applicant; has experienced family violence committed by the primary applicant; and

(d) the applicant:

(i) was in Australia at the time the applicant’s visa application was made; or

(ii) entered Australia after the applicant’s visa application was made; and

(e) the Minister has decided to refuse to grant the primary applicant the visa for reasons including that the primary applicant had engaged in conduct involving family violence (whether or not the family violence was against a person mentioned in paragraph (c)).

(5) The applicant meets the requirements of this subclause if:

(a) the applicant is a member of the family unit of a person (the secondary applicant) who meets the requirements of subclause (3) or (4); and

(b) the applicant has made a combined application with either the secondary applicant or the primary applicant mentioned in subclause (3) or (4) (whichever applies to the secondary applicant); and

(c) a Subclass 187 visa has since been granted to the secondary applicant. Note: For special provisions relating to family violence, see Division 1.5.

187.312

If:

(a) the applicant meets the requirements of subclause 187.311(2); and

(b) a nomination mentioned in paragraph 1114C(3)(d) of Schedule 1 is approved in respect of the primary applicant mentioned in subclause 187.311(2);

the nomination includes the applicant.

187.312A

Either:

(a) the Minister is satisfied that the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or

(b) both of the following apply:

(i) the Minister is satisfied that the applicant has engaged in such conduct in that period;

(ii) the Minister considers that it is reasonable to disregard the conduct.

187.313

(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010, 4020 and 4021.

(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.

(4) If:

(a) the primary applicant mentioned in clause 187.311 in relation to the applicant holds a Subclass 187 visa in the Temporary Residence Transition stream; or

(b) at the time of the application, the primary applicant mentioned in clause 187.311 in relation to the applicant was seeking to satisfy the primary criteria for the grant of a Subclass 187 visa in the Temporary Residence Transition stream;

the applicant satisfies public interest criterion 4007.

(5) If subclause (4) does not apply, the applicant satisfies public interest criterion 4005.

187.314

The applicant satisfies special return criteria 5001, 5002 and 5010.

187.315

(1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 187.311(4).

(2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 187 visa satisfies:

(a) public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010 and 4020; and

(b) special return criteria 5001, 5002 and 5010.

(3) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 187 visa and who has turned 18 at the time of application satisfies public interest criterion 4019.

(4) Public interest criteria 4015 and 4016 are satisfied in relation to each member of the family unit of the secondary applicant who is an applicant for a Subclass 187 visa and who has not turned 18 at the time of application.

(5) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 187 visa satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004.

Temporary Residence Transition stream

(6) If the primary applicant mentioned in clause 187.311 was seeking to satisfy the criteria for a Subclass 187 visa in the Temporary Residence Transition stream at the time of application:

(a) each member of the family unit of the secondary applicant who is an applicant for a Subclass 187 visa satisfies public interest criterion 4007; and

(b) each member of the family unit of the secondary applicant who is not an applicant for a Subclass 187 visa satisfies public interest criterion 4007 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.

Direct Entry stream

(7) If the primary applicant mentioned in clause 187.311 was seeking to satisfy the criteria for a Subclass 187 visa in the Direct Entry stream at the time of application:

(a) each member of the family unit of the secondary applicant who is an applicant for a Subclass 187 visa satisfies public interest criterion 4005; and

(b) each member of the family unit of the secondary applicant who is not an applicant for a Subclass 187 visa satisfies public interest criterion 4005 unless the Minister is satisfied that it would be unreasonable to require the member to undergo assessment in relation to the criterion.

187.4—Circumstances applicable to grant

187.411

The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance. Note: The second instalment of visa application charge must be paid before the visa can be granted.

187.5—When visa is in effect

187.511

Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.

187.6—Conditions

187.611

If the applicant is outside Australia when the visa is granted:

(a) first entry must be made before the date specified by the Minister; and

(b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.