Anyone here who has an idea if an occupation listed on STSOL is eligible to apply for 187 TRT visa after staying on Regional area and working for the same employer for 3 years?
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Posts: 1,161Member
Joined: Nov 12, 2013
All occupations listed are eligible
Joined: Jun 06, 2021
Thank you for answering! I really do hope that is the case. May I ask if you have personal experience with SC 187 TRT? I have talked to different agents and they have different/contradicting advices regarding sc 187 TRT. There are few agents who says TRT visa is applicable to an applicant given the circumstances above are met regardless if it’s STSOL or MLTSOL. But some agents says that it is only applicable for occupations on MLTSOL. And if it’s under STSOL, you must be a previous 457 visa holder to be eligible. But in my case, I have only held a TSS 482 visa. I am really confused on who to believe in.
Posts: 1,161Member
Joined: Nov 12, 2013
I dont have any experience on 187 visa. There are 3 major requirements for this visa for you to qualify.
1. You must have held 457 or 482 visa
2. Must have work for 3 years with the nominating employer
3. Must be nominated by an employer ( nomination must be approved within the 6 mos prior to application)
It did not mention anything about whether your nominated occupation is in the STSOL or MLTSOL so i guess its not a concern.
Joined: Jun 06, 2021
Hi @fgs,
I’ve read this on the immi website too:
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
-a subclass 482 visa granted under the Short-term stream if on 18 April 2017 the nominee held a subclass 457 visa (or had applied for a subclass 457 visa that was later granted).
Saw this eligibility detail when I switched to “for sponsors”.
Joined: Jul 12, 2021
Hey @mkel ,
I am in the same boat. Been working for my employer in regional WA for 3 years now on a STSOL occupation with TSS visa. Did you find a solution?
Joined: Jun 06, 2021
Hi @vishalvikas Still not sure if STSOL occupations have PR pathway. I’m running to 2nd yr on my TSS visa and I’ve been trying to find well supported answers if I’ll be actually eligible for 187 TRT visa after 3yrs of working for the same employer. But so far, 4/5 of the agents I have consulted said, Tss 482 visa holders under STSOL occupation can only be eligible for 187 TRT stream if they are a previous 457 visa holder.
Have you tried inquiring with migration agents/lawyers as well regarding your options for PR? Ano usually suggestion nila sayo?
Joined: Jul 12, 2021
I have talked to one migration agent, and he advised the same that it would not be possible as I don't have a 457. The only suggestion I got was to get on the 494 and wait for another 3 years :-(
At the moment, I am trying to get a skill assessment in a closely related occupation code which is in the medium term list and then I should be able to lodge 186 DE. If I dont get a positive skill assessment in that, then I will go the 494 way and wait another 3 years.
I would recommend you to do 494 and not waste another year on the TSS.
Let me know how you go mate.
Joined: Jun 06, 2021
But you will still need a positive skills assessment for 494 visa right?
Joined: Jun 06, 2021
@vishalvikas thanks for the info! Regarding 494, you will still need a positive skills assessment for 494 visa right?
Joined: Jul 12, 2021
Hey mkel,
For 494, I would try to get skill assessed as a Web Developer (STSOL), which I should be easily able to get. At the moment I am trying to get a skill assessment for Software and Application Developer (medium term list) as my roles/duties are quite similar (web based applications development). If it get this medium term list skill assessment, i can apply for 186DE. But if ACS downgrades my skill assessment to a web developer (short term list), then I apply for 494 :-(
Joined: Jul 12, 2021
Hey mkel, I have always wondered if Immi might have just copied/pasted this info from the 186 visa's sponsorship requirements. and never updated it as there are probably not many cases like ours (482 to 187 TRT), most are usually 482 to 186 TRT. Reading the 187TRT sponsorship requirements and comparing it to the 186 sponsorship requirements, there seems no difference, so why even have a 187TRT visa? (just use the 186TRT visa for everybody). When I try to decipher the legislation (Migration Law), I feel I am eligible.
Joined: Jun 06, 2021
@vishalvikas I think the difference is only based on location. 187 is for applicants whose occupations are located in regional areas while 186 are for non regional.
I’ve also tried reading the migration law, there are legislations that actually appears like we are eligible to apply for 187 TRT after 3 yrs. But the only part that kind of make us ineligible is the part where they defined the meaning of Transitional 482 worker. It is defined in regulation 1.03 of the Regulations. Not sure if 187 TRT is solely for that definition.
I hope someone can read this thread and be able to help to shed some light on this.
Btw, if you have worked for your employer for more than 3years, maybe you can try to simulate a 187 TRT application using ImmiAccount? I have tried this but it was invalid. But I guess it was also because the TRN reference number I used is from my initial TSS 482 2yr visa.
If yours isn’t invalid, that could be a positive sign that you may probably have a chance to be eligible for 187 TRT.
Joined: Jul 12, 2021
@mkel I might be wrong but I think the meaning of 482 transitional worker was originally defined for both 186 and 187. Then a legislative instrument was published (https://www.legislation.gov.au/Details/F2020C01125) to override/add occupations already defined for 187 in the Regulations (https://www.legislation.gov.au/Details/F2021C00613 search for '5.19 Approval' to find the relevant place where it says so and correlates with the legislative instrument).
My employed lodged a 187 nomination recently (a year almost now) for a colleague of mine who fits the "transitional 457" category, and the nomination would only go through when my employer would enter his 457 visa number. It would say invalid if they entered his (latest) 482 visa number.
My employer is happy to try to lodge a 187 TRT sponsorship application for me in December (when I hit the 3 yr mark). I will report back if that goes through.
Btw, 187 TRT permanently closes in March 2022 so if you are not planning to lodge nomination+application before that then 494 way is a no brainer.
Joined: Jun 06, 2021
@vishalvikas Thanks for the info. Read about 187 TRT ceasing on March 2022. I guess it’s a clear indication that it is not really meant for 482 worker under STSOL. But yes, no harm in trying come December. I hope all goes well for you. If not, you still have another option which is a win. I’d say I am on a less favoured situation as I was not able to secure a positive skills assessment. So without the 187 TRT, I may need to take some units to get enough qualification evidence. Not sure if it’s a fact- Further study is quite common for most medical related occupations when you are a graduate from Ph.
Anyway, best of luck on your PR application later on! Wish you’ll get it the soonest. Another 3yrs with 494 is still a good option!