RSMS 187 policy change –Australian Certificate 4 now a trade level qualification with no need for experience prior to application

The relevant DIBP policy now states:

“AQF Certificate III, IV and Diploma​ qualifications

If the applicant relies on an Australian qualification, that qualification must be as specified within the ANZSCO framework for that occupation. For example, if the nominated position were that of a cook (ANZSCO 351411), the applicant must:

• hold a relevant AQF Certificate IV or
• hold a relevant AQF Certificate III including at least two years of on the job training or
• have at least 3 years of relevant experience.”

Comments by Chris Johnston:

Have you been working as much as possible and waiting until you have two years of experience?

If you have a Certificate 4 and an employer you may be eligible to apply now.

This is great news for vocational graduates who are already in Australia.

Warning:

 This information is accurate on the 17 February 2015.  State/Territory Bodies and DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Do You Need Help with Australian Migration?

At Work Visa Lawyers we are experience in assisting applicants and employers with the RSMS process. 

If you require further information regarding an application or your Australian visa options

you can contact us through:

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The visa charges for many visas will be raised by approximately 15% from 1 September 2013.

Some examples of the charges are:

For an RSMS subclass 187 this means the base application charge will go up from $3060 to $3520.

Dependent spouse/partner $1530 to $1760.

Dependent child from $765 to $880

For a Contributory Parent (Migrant) per applicant the 2^nd Instalment will go up from $42,220 to $48,550.

Here is a link for the Instrument listing all the changes:

http://www.comlaw.gov.au/Details/F2013L01534/Explanatory%20Statement/Text

Need Help?

If you require further information regarding Australian Visa application charges or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

This information isaccurate on the 27 August 2013.  DIAC will change visa charges regularly and you will need to check the current charges prior to lodging an application. 

The RSMS Direct entry subclass 187 is an Australian permanent residency work visa.  The first stage of the RSMS Direct entry process requires applying to the RCB for advice on the suitability of the employer and position.

Immigration SA, the state body that is the Regional Certifying Body (RCB) for RSMS in SA, has announced the following:

“Changes to the way employers demonstrate how they have tested the labour market:

• Removal of the peer review process (implemented on 21 June, 2013).

• Reduction in the number of  documents applicants are required to upload. Some documents have been replaced with a series of online questions.

• In some instances, the employer will be able to provide the RCB with a statutory declaration to support their application.”

There are also new Exemptions from labour market testing for the following:

• Employers who are approved 457 sponsors, who can demonstrate that the skilled migrant they are nominating has been working for them in the nominated occupation for at least 12 months.

• Occupations listed on a new Regional Certifying Body Occupation List. This list includes occupations such as:

• Construction Project Manager 133111
• Engineering Manager 133211
• Surveyor 232212
• Cartographer 232213
• Other Spatial Specialist 232214
• Chemical Engineer 233111
• Civil Engineer 233211
• Quantity Surveyor 233213
• Structural Engineer 233214
• Electrical Engineer 233311
• Mining Engineer (excluding
• Petroleum) 233611
• Petroleum Engineer 233612
• Geologist 234411
• University Lecturer 242111
• University Tutor 242112
• Construction Estimator 312114
• Metal Machinist (First Class) 323214
• Panelbeater 324111
• Roof Tiler 333311
• Electronic Equipment Trades
• Worker 342313
• Plus a large number of specialist medical positions.

There is a New Employer Document List:

• The new employer document list is much shorter.  Here is a link:

https://www.migration.sa.gov.au/sites/default/files/files/RSMS_Factsheet_for_SAEmployers_0.pdf

For the full list Regional Certifying Body Occupation List.:

https://www.migration.sa.gov.au/sites/default/files/files/RegionalCertifyingBody_OccupationList.pdf

Source: Immigration SA

http://us5.campaign-archive1.com/?u=a69011c047c7d5d323942b5d4&id=ec157d95cf&e=1e56c72cf8

This information isaccurate on the 10 August 2013.  Immigration SA will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Need Help?

At Work Visa Lawyers we are experience in assisting employer and applicants with the RSMS process.

If you require further information regarding a RSMS application or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

Immigration SA is the RCB that provides advice regarding the first stage of the RSMS Direct Entry subclass 187 visa process.

From the 1 July 2012 up until late June 2013 the Labour Market Testing requirements for RSMS visa applications caused many employers to get very frustrated and some to choose not to be involved in the RSMS process at all.

Immigration SA has taken on some feedback and the process has been improved and streamlined.

Immigration SA has released a new document checklist which has reduced the advertising requirements. 

Concessions for some 457 visa holders

If the position for the RSMS is for a person who has been working on a 457 in that organisation for 12 months or more, then LMT is not required.  You will have to answer some questions. 

LMT documents requirements are lower

At a practical level, having recently done an online application, there is now no need to attach evidence of the Labour Marketing Test.  A detailed description from the employer of the advertising process is still required.

There in now no need for:

-         - No need for advertising to include the exact salary of the position.

-          - No need for Peer review evidence from Recruitment Agent, Union or Industry Association.

Processing times with Immigration SA are now shorter

Processing times had been up to three months at one stage.

Processing times for RSMS Immigration SA RCB advice are currently quoted as 24 days. 

Source: Immigration SA website: https://www.migration.sa.gov.au/node/20

Need Help?

If you require further information regarding a RSMS application or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

This information isaccurate on the 7 August 2013.  Immigration SA will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

From the 1 July 2013 there will be some changes to the total cost of applying for a visa for Australia. The major changes are:

• The Visa Application Charge (VAC) for the main applicant has increased for some visas.

• There is now a fee for each dependent applicant.

• If there is the option to lodge your visa over the internet and you choose not to lodge this way, you may be charged a fee of $80.

• There is a new fee called the Subsequent Temporary Application Charge which is $700. You may be charged this fee if you are applying for a temporary residency visa listed in Table 1 AND you have previously applied for one of the temporary visas listed on Table 2.  Refer to tables listed at page 4 of this link.

http://www.immi.gov.au/fees-charges/_pdf/visa-pricing-table.pdf

 If this fee is applicable in your situation, then it needs to be paid by each individual in the visa application. You will not be charged this fee if you are applying for a temporary visa from outside Australia, or if this is the first time you are applying for a temporary visa in Australia. This fee does not apply to bridging visas or permanent visas.

Here are three examples of how the new fees are calculated:

Example 1: Application for a subclass 190 skilled – nominated visa for a family with two adults and two children (under 18 years old).

If an applicant over 18 does not have function English a second instalment fee of $4250 will also be charged.

Example 2: Application for a subclass 457 temporary work visa for a couple who are both over 18 years old. This couple are currently holding 457 visas that they applied for in Australia. 

They are therefore required to pay the subsequent temporary application fee for each application.

Example 3: Application for a subclass 820/801 partner visa for an adult and one child under 18 years old.

Need Help?

If you require further information regarding Australian Visa application charges or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

This information is accurate on the 6 July 2013.  DIAC will change visa charges regularly and you will need to check the current charges prior to lodging an application. 

Peer Review is no longer required by the RCB Immigration SA for the first stage of the RSMS process. This change was introduced from 24 June 2013.

Immigration SA posted the following on their blog:

“A recent review has identified the following changes to the RCB application process:

• Removal of peer review - effective immediately
• Simplified assessment questions
• Extensively reduced evidence requirements
• Quicker application process”

For Immigration SA announcements:

https://www.migration.sa.gov.au/news%20and%20events

Peer Review required a letter from an employment agent or industry body or Union about not being able to fill the position.  It was very unpopular with employers, who often chose not to proceed with the RSMS process. 

Firstly, I can make reference to an insightful blog by a representative of DIAC.   Kruno Kukoc, First Assistant Secretary Migration and Visa Policy Division, Department of Immigration and Citizenship.  The below blog summarises some of DIAC’s policy initiatives for 2012.

http://migrationblog.immi.gov.au/2013/01/24/a-year-in-review-2012/

It is a good summary of some of the changes and the intentions underlying the changes.

Secondly, I can add my own observations on the negative effects of changing so many major visa categories at the same time, from the 1 July 2012.  These included a surge in visa applications prior to visa changes, with the potential of significant processing  delays due to these numbers, and ongoing technical difficulties for the new SkillSelect  electronic visa system.

The priority processing order released by DIAC since 1 July 2012 still has employer sponsored visas the Regional Sponsored Migration Scheme (RSMS) subclass 187 and Employer Nomination Scheme (ENS) subclass 186.

Source:

http://www.immi.gov.au/about/charters/client-services-charter/visas/8.0.htm

Registered Migration Agents can still lodge Decision Ready application for RSMS and ENS.

The ability for RMAs to indicate an application is decision ready has been built into the new online system for RSMS (subclass 187) and ENS (subclass 186).

Decision ready applications usually receive superior processing times from DIAC compared to non-decision ready applications.

Need Help Locating a Business Sponsor? Try AustJOBS!

One of the biggest challenges many suitably qualified overseas graduates and qualified tradespersons face in the Australian migration process, is finding a suitable employer. Work Visa Lawyers can connect you to AustJOBS who may be able to assist. AustJOBS is an Australian based service that helps to link suitably qualified overseas graduates and qualified tradespersons with Australian Employers. Contact Work Visa Lawyers, an official member, to discuss how this service may be of assistance.

You can visit AustJOBS at: www.austjobs.com