barker

I've asked this question of both the department, and of several migration agents, as well as an open post in this forum. There is currently no guidance in regards to this. The PAM3 states that under DE, this is a time of decision requirement not time of application, however there appears to be disagreement among MA's. We will just have to wait for further guidance. The worst case scenario is that they enact similar restrictions to what happened in the 457 situation, allowing those no longer eligible to withdraw their applications for a refund. This is of course of little solace to those who paid for police checks, medical exams etc. TLDR; We just don't know right now.

The RCB is the Regional Certifying Body which certifies: 1) There is a genuine need for a paid employee in the business of the nominator, for the nominated position. 2) The position cannot be filled locally by an Australian citizen or permanent resident. 3) The terms and conditions of employment are the same as those that would be offered to an Australian citizen or permanent resident for performing the same tasks at the same location and the salaray is equal to (or greater than) the market salary rate. The nomination is the employer's submission that includes the RCB statement and a guarantee of a 2 year position, among other things.

The BVA is granted with the application automatically if you hold a valid substantive visa at the time of application, and are onshore. It's important to note the conditions of the BVA will be the same as your current substantive visa. IE; all of your student conditions will apply until the time the visa is decided.

For 187 the current processing time is listed here. https://www.border.gov.au/Trav/Visa-1/187- For direct entry it's up to 15 months or more. For transitional it's 9 to 15 months or more.

Here is the policy statement guidance from the department about how long they will accept medical clearances. There is some discretion by the decision maker that can be exercised. When can the validity of a health clearance be extended If the validity period of a health clearance can be extended, this can be done only for 6 months and only if: there were delays in processing the visa application for which the medical examinations were completed and these were not caused by the visa applicant, or there are compelling or compassionate reasons. Such extensions should not be given automatically. Note: The validity of a health clearance completed for a previous visa application which has already expired should not, unless compelling and compassionate circumstances exist, be extended to facilitate re-use of a previous health clearance. If an applicant has lodged a new visa application has HAP has already successfully ‘re-used’ a health clearance (completed for a previous visa), and this health clearance expires shortly after ‘re-use’ for the new pending application, officers should keep in mind that the delays in processing provision would not generally be in respect of the newly-lodged visa applications. These cases may fall under the ‘compelling or compassionate’ provision. Extensions beyond those above are not available in any circumstances and processing officers should manage this. If it appears that a health clearance is about to expire before visa grant, processing officers should organise for health examinations to be undertaken again. Where the applicant’s health clearance has expired, and no further extensions are available, applicants are required to complete medical examinations.

To clarify this, the Bridging Visa A takes over if/when your 457 or other substantive visa expires. It basically sits in the background doing nothing until then. But beware, if your current substantive visa expires, and you somehow find yourself only on a Bridging visa A, you will need to apply for a Bridging visa B to travel outside Australia.

Applications are decided not necessarily in the order in which you applied, but also by occupation, nominator and the ease of processing your application. (ie: is it complete, are you low risk, etc)

8 to 10 months as specified on the DIBP site. http://www.border.gov.au/Trav/Visa-1/186-

And here is the relevant ANZSCO criteria. http://www.abs.gov.au/ausstats/abs@.nsf/Product+Lookup/1220.0~First+Edition,+Revision+1~Chapter~UNIT+GROUP+1411+Cafe+and+Restaurant+Managers CAFE AND RESTAURANT MANAGERS organise and control the operations of cafes, restaurants and related establishments to provide dining and catering services. Indicative Skill Level: Most occupations in this unit group have a level of skill commensurate with the qualifications and experience outlined below. In Australia: AQF Associate Degree, Advanced Diploma or Diploma (ANZSCO Skill Level 2) In New Zealand: NZ Register Diploma (ANZSCO Skill Level 2) At least three years of relevant experience may substitute for the formal qualifications listed above. In some instances relevant experience and/or on-the-job training may be required in addition to the formal qualification. Tasks Include: planning menus in consultation with Chefs planning and organising special functions arranging the purchasing and pricing of goods according to budget maintaining records of stock levels and financial transactions ensuring dining facilities comply with health regulations and are clean, functional and of suitable appearance conferring with customers to assess their satisfaction with meals and service selecting, training and supervising waiting and kitchen staff may take reservations, greet guests and assist in taking orders

Here is the information from legendcom. That ANZSCO position is assessed by VETASSESS with caveat 8. Positions for which occupation is inapplicable: 8 The position is in a limited service restaurant. 11.7 Café and Restaurant Manager (ANZSCO 141111) Officers are referred to the relevant caveats in the applicable Instrument. If the sponsoring business predominantly provides takeaway or fast food services in a small retail establishment, food court or casual dining outlet, this occupation is not considered appropriate for the business. That is, this occupation is appropriate only if the tasks of the position as specified in ANZSCO include planning menus in consultation with chefs and the planning and organising of special functions (as opposed to administering functions initiated by customers). Shift or duty manager positions are not equivalent to a café and restaurant manager because one restaurant manager should not report to another restaurant manager, that is, there can only be one manager responsible for the overall operation of the business. Given the absence of such occupations in ANZSCO as ‘Restaurant Supervisor’, ‘Shift Restaurant Supervisor’, ‘Restaurant Duty Manager’ and ‘Assistant Restaurant Manager’, under policy these functions are taken to be equivalent to such assistant and supervisory roles because they exist in the broader retail environment for occupations that may be described as Retail Supervisor (ANZSCO Code 621511, Skill Level 4). Retail Supervisor would therefore not be eligible for nomination under ENS or RSMS. 11.9 Assessing Delegates will need to be satisfied that the position in the nomination will require the skills commensurate with the occupation being nominated, and the onus will be on the nominator to provide evidence to the satisfaction of the delegate. The delegate should be satisfied that: the nominee will be paid the appropriate wages commensurate with their skill level and the position is required - that is, there is indeed a genuine need for the position and there is no other similar position in the store – for example, a customer service manager may be performing the required tasks and there is no significant genuine need for a retail manager and the tasks relating to the position are in line with the ANZSCO classification for the occupation, and are not at a lower skill level (for example, the occupation nominated is Customer Service Manager (149212 – skill level 2) but the tasks are commensurate with a skill level 4 occupation such as Retail Supervisor (ANZSCO 621511). Store managers would also participate in professional development, which can involve business leadership courses as well as ongoing feedback from the franchise owner/licensee or operations manager (who may be responsible for all outlets within an area). Disclaimer: Not migration advice. Simply a reference to available information.

Got my approval today, just wanted to keep you all updated. This thread has been very helpful in getting everything together, and for tips. I did the medical using ehealth and it was finished at time of submission. I did the application myself, no agent. Nomination from employer 6 July 2017 Submitted 187 on 10 July 2017 Nomination and PR grant 7 August 2017 Occupation 253211 Anaesthetist, Citizenship USA.

Does anyone have any idea how much the occupation matters with regards to processing time? I'm planning on submitting my application for 187 RSMS DE as a medical officer nominated by NSW.