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The RSMS program has effectively been replaced by alternative visas, however it is still possible for Transitional 482 visa holders to apply under the Temporary Residence Transition stream (TRT).
A Transitional 482 visa holder is defined as someone who held a subclass 457 visa on or after 18 April 2017, or who held a subclass 482 TSS visa in the medium term stream on or before 20 March 2019. Most TSS visa holders will not fall into this category, and will instead likely need to apply for permanent residence through the subclass 186 Employer Nomination Scheme (ENS) visa.
The RSMS is a sponsored visa, which requires the visa applicant to be nominated for the visa by the same regional employers that sponsored them for their TSS.
Once granted, the RSMS visa allows a visa applicant to remain in Australia indefinitely as a permanent resident. Visa holders are required to continue working for their employer in a regional area for a minimum of two years, after which they have unrestricted work rights.
In order to be successful with an application for a RSMS visa in the Temporary Residence Transition stream, a visa applicant must fulfill the following requirements:
In order to be successful with an application for a RSMS visa in the Temporary Residence Transition stream, a visa applicant must fulfill the following requirements:
As a permanent visa, there are a number of benefits to the RSMS visa, which allows skilled workers to remain in Australia indefinitely, and to apply to become an Australian citizen on meeting the criteria.
The RSMS provides a pathway to permanent residency which does not require a state nomination or invitation unlike other skilled visas, providing greater certainty and a faster time frame for foreign workers who meet the criteria. Further benefits for RSMS visa holders include:
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Most of the evidence required for the RSMS visa in the Temporary Residence Transition stream relate to the skills of the applicant, as well as evidence that they have worked for their TSS sponsor for a minimum of two years. The nature of the evidence required, and the specific requirements for different occupations, can prove to be an obstacle for applicants looking to become an Australian permanent resident. Here is a snapshot of some of the documents that you will be asked to provide:
The RSMS visa consists of a two stage process as follows:
Stage 1: Nomination
For the RSMS visa, the applicant’s employer must first lodge a nomination for the position within their business. The position must be the same as the one nominated in the applicant’s previous TSS. Nominations will need to include evidence that the worker has been employed on a full-time basis for at least two of the previous three years, as well as evidence of the business’ operations in Australia and information relating to how the foreign worker’s salary has been determined.
Stage 2: Visa application
The last stage is the visa application, which must be lodged after the nomination. An RSMS visa application includes evidence of the applicant’s skills and experience to ensure that they would meet the criteria for the visa.
Australian Migration Lawyers can help both visa applicants and sponsoring employers to prepare thorough applications to ensure that you have the best chance of success with both stages.
As immigration lawyers, we have a keen understanding of the relevant case law, policy, and legislation relating to RSMS visas.
At Australian Migration Lawyers, we provide valuable guidance and support to make the entire process as seamless as possible. We have a high success rate with our applications, and have dealt with a wide array of complex occupations and situations.
We assist in all stages of the process, including the preparation of all necessary applications all the way through to the grant of the visa, including working with you to action any additional requests from the Department of Home Affairs.
There are two main costs associated with a RSMS visa application.
Our fees will vary depending on the circumstances of your application. Some applications will be more complex than others and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about what the total costs associated with their visa application will be. We strive to be flexible, so we offer payment plans based on financial need.
Book a free consultation with one of our qualified lawyers to get a quote.
The relevant fees for the Department of Home Affairs in relation to a RSMS application are as follows:
Applying for a visa to Australia can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you apply for the right visa.
Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.
We will prepare written submissions in support of your visa application. This will be based on your individual circumstances, and supported by evidence where appropriate.
We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your application.
We will keep you informed about your application, and notify you of the outcome. If you receive an unfavourable outcome and we can reapply, we will!
The processing time for a RSMS visa can take between 12 to 19 months, subject to the approval of the nomination. Processing times are subject to the complexity of the case, the completeness of your application and the caseload being processed by the Department. At Australian Migration Lawyers, our goal is to submit high-standard, comprehensive applications that are as complete as possible to help reduce delays and to seek a successful outcome.
Our legal team at Australian Migration Lawyers are skilled lawyers practising in Australian migration law.
As lawyers, we cannot issue guarantees that your RSMS visa will be granted. The decision rests with the Department of Home Affairs, not any one representative, lawyer or migration agent. However, our sound understanding of the law means that we are able to put the best case forward to seek a successful outcome.
We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
Read our most frequently asked questions.
The subclass 187 Regional Sponsored Migration Scheme (RSMS) visa is a permanent visa for subclass 482 Temporary Skill Shortage (TSS) visa holders working in regional Australia. The RSMS program is closed to all new applicants except those who would fall under the definition of a transitional 482 worker.
The RSMS visa is a permanent visa, allowing permanent residence once granted.
The subclass 186 Employer Nomination Scheme (ENS) visa and the RSMS visa are very similar, with almost identical criteria. The main difference between the two is that the RSMS is only available for applicants working in regional Australia.
Since the closure of the RSMS for most applicants, most TSS visa holders will likely apply for permanent residency with the ENS visa, which has fewer restrictions and does not require the applicant to remain in a regional area.
Transitional 482 workers will only be eligible to apply for the RSMS visa once they have completed a minimum of two years full-time work on their 482. Once lodged, processing times are currently listed as between 12 to 19 months, which will vary depending on the quality of the application, and pending any requests for further information from the Department.
Tell us a little about your situation, and one of our migration lawyers will get back to you as soon as possible.