The subclass 187 (Temporary Residence Transition stream) is a permanent visa. Successful applicants will gain permanent residence and full working rights with this visa.
Applicants for the subclass 187 must be nominated by an employer and upon grant will be required to remain with the nominating business for 2 years and commence work within 6 months of being granted the visa.
The requirements of a subclass 187 visa are set out below:
In order to apply, you must have an approved nomination (by the employer) nominating the applicant to fill the position. This means the nominating business must put in their application before the subclass 187 visa application has been submitted. However, it does not need to be approved before the visa application is lodged.
Nominators must show they are actively and lawfully operating a business in regional Australia, have a genuine need for the employee and show the position will be available for a minimum of 2 years. The nominee must be already sponsored by the employer on a subclass 457 or subclass 482.
If the applicant’s occupation requires a particular registration or license, then the applicant will need to show that they hold a registration or license for that nominated occupation.
An applicant for a subclass 187 visa must be of good character and satisfy the character test. This means an applicant will need to show they do not have a substantial criminal record, in Australia or elsewhere and will need to provide police certificates, signed statements and in some cases, a statutory declaration confirming their good character.
Applicants for a subclass 187 visa must be under 45 years of age (although some exceptions may apply).
If you apply for a subclass 187 visa, you must satisfy the health requirement. This means applicants are required to undertake a health examination by a Medical Officer of the Commonwealth who will assess the applicant’s health and medical history and provide assessment of their impacts on Australia’s health care and community services. A waiver may be sought if the Medical Officer concludes the applicant does not meet the health criteria and will likely cause a significant cost to the Australian healthcare system.
An applicant for a subclass 187 visa must also satisfy the English language requirement. Applicants must show they have Competent English which requires a score of at least 6.0 in all four components in IELTS, or equivalent. Applicants who hold a passport of the UK, United States, New Zealand, Canada or Ireland, or who have completed at least 5 years of tertiary (university) education in English are considered exempt from the English language requirement.
Finally, in order to apply for a subclass 187 visa, the applicant must already hold a subclass 482 or subclass 457 for the last 3 out of 4 years, or held one previously and is currently on a Bridging Visa A, B or C. This means applicants must hold either:
- subclass 482 in the Medium-Term stream; or
- subclass 457; or
- A bridging visa A, B, or C and the last substantive visa was either a subclass 482 or subclass 457.
If you would like more information about a subclass 187 visa contact our migration law team.
This article is general information only, and not a substitute for legal advice. The article was written by Shari Gilbert under the supervision of Richard Pedley.