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. 

Immigration SA has announced the deadline for lodging under RSMS subclasses 857 and 119 criteria, with the last day to lodge being 16 April 2012.  Any applications lodged after the 16 April 2012 will be considered for the new RSMS subclass 187.  The new subclass has a number of changes including Higher English requirements and age requirement set at 50 (with some exemptions).

Immigration SA has released the following:

“Nominations and visa applications lodged with DIAC from 1 July, 2012 will need to conform to the new DIAC requirements. Nominations lodged on form 1054 after 29 June, 2012 will not be valid and cannot be processed by DIAC.

Immigration SA is currently taking 10 weeks to certify a nomination. Based on current processing times, Immigration SA should be able to process complete nominations if received by 16 April, 2012, ready for lodgement with DIAC by 29 June, 2012.

From the 17 April, 2012, Immigration SA may not accept new nominations unless prior arrangements have been made with DIAC to lodge a registered but uncertified nomination and visa application.”

Immigration SA has release the following in relation to the new guidelines which correspond to the RSMS to be introduced by DIAC from the 1 July 2012:

“The new RSMS Guide for Employers now clearly outlines the supporting documents required to accompany a nomination. This will assist employers to lodge nominations which are quicker and easier to assess against the relevant criteria.

The new RSMS Guide for Employers comes into effect on 17 April 2012. Nominations lodged on or after this date will need to meet the requirements outlined in the new guide.”

WATCH THIS SPACE – I will provide more details on changes for Permanent Employer Sponsored Visas when they become available.

On 9 March DIAC announced there will be changes to the permanent employer sponsored program to be implemented from the 1 July 2012.  

The reforms will reduce the number of visa classes in the Permanent Employer-Sponsored Visa Program from six to two.

The two new consolidated subclasses will be:

• ENS subclass 186
• RSMS subclass 187

Within each subclass there will be three streams:

1. Temporary Residence Transition Stream – for qualifying 457 visa holders.
2. Direct Entry Stream – for a range of applicants including non-qualifying 457 visa holders, those completing studies on student visas and offshore applicants.
3. Agreement stream – replacing labour agreements.

In the process, there are changes to the age, English and Skills requirements for ENS and RSMS.

The 457, a common temporary working visa, will become more integrated into the Permanent Employer-Sponsored Visa Program.

Those most likely to be negatively affected by the changes may include:

•  Higher English requirements for RSMS may make it harder to apply for some:
  • For RSMS Temporary Residence Transition Stream the English language requirements will be 5.0 in each of the four components of IELTS test.  Current RSMS requirements are IELTS band score 4.5.
  • For RSMS Direct Entry Stream the English language requirements will be 6.0 in each of the four components of IELTS test.  Current RSMS requirements are IELTS band score 4.5.
• Skills assessments required for RSMS applicants with overseas trade level qualifications or experience.
• May be more difficult for those that are over 50:
  • With the age limit for RSMS and ENS being raised to 50, there may also be less flexibility for persons over 50.
• Skill level four no longer available under 457 and direct stream for RSMS:
  • Skill level four, such as Mobile Plant Operators and Drillers will not be able to apply for RSMS anymore. They will only be able to be able to apply through the Agreements stream.  Agreements can take a long time to arrange and are usually for large employers.  Currently such skill level four, can apply under exceptional circumstances of RSMSM

Under a Ministerial Direction that becomes effective on the 1 July 2011 the processing priorities for permanent residency skilled visas are:

1. Applications for Regional Sponsored Migration Scheme (RSMS) and Subclass 887
2. Applications for Employer Nomination Scheme (ENS)
3. Applicants nominated by a state / territory government and nominated skilled occupation is on the relevant State Migration Plan (SMP)
4. Applications with a nominated skilled occupation on the 2011 Schedule 1 Skilled Occupation List (SOL)
5. All other applications.

The effect of processing priorities is that applications with a higher priority are generally processed faster. For example DIAC estimates that the majority of RSMS applications which are priority 1. are being processes in 5-8 months, while some GSM visas in priority 5. are currently not progressing and can take several years.

At a practical level, the processing priorities mean, that if you qualify for an Employer Sponsored Visa, it may lead to permanent residency much faster that other visa options.

Source on processing time estimates:

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

Contact Work Visa Lawyers if you want to know more about Employer Sponsored Visas.