Shaktimaan Posted November 16, 2017 Share Posted November 16, 2017 3 hours ago, atamel said: 6 hours ago, barker said: Bad news guys! That decrease in processing time was short lived. really Hello, is there anyone could explain for the month ending 31october2017??? Even though some friends have completed 18months and some are suppose to do that in another 1-2 months. Quote Link to comment Share on other sites More sharing options...
Cippalippa Posted November 16, 2017 Share Posted November 16, 2017 I donāt know you guys but it feels like that since last March Immi has stopped processing certain occupation... how is it possible that they still have applications from April 2016 and in the meanwhile they are working with June 2017 too... something tells me we really going to wait until they decide to invalid all the pending applications... Quote Link to comment Share on other sites More sharing options...
jd0830 Posted November 16, 2017 Share Posted November 16, 2017 My agent went to last week Melbourne MIA meeting. She said even theĀ immigration officer had no idea about upcoming policy changes and some questions....In MIA meeting, they said there might be some changesĀ about 186/187 occupationalĀ list in January 2018. Well, let's see.... They used 7 months to finalize the grandfathering provision for 457, no one knows how long and how they will decide the new policy for 186/187. It's so struggling forĀ all theĀ 186 and 187 applicants.Ā Ā Ā Quote Link to comment Share on other sites More sharing options...
barker Posted November 16, 2017 Share Posted November 16, 2017 (edited) Remember all those posts I made doubting the ability to approve after changes are made to the instrument. Well hereās not just my concern but the migration institute is also concerned. Email I got from MIA on Wednesday as an FYI: Dear Colleagues, I have as a matter of urgency asked the Assistant Minister for Immigration and Border Protection and the Assistant Secretary of the Department of Immigration and Border Protection in charge of visa policy for transitional arrangements to apply to RSMS applications in the pipeline which will be affected byĀ Migration (IMMIĀ 17/059: Regional Certifying Bodies and Regional Postcodes) Instrument 2017Ā https://www.legislation.gov.au/Details/F2017L01460Ā which comes into effect on Friday 17 November 2017 and replaces and repeals the current Instrument (IMMI 16/045) The major effect of this Instrument is to re-define āRegional Australiaā and exclude the postcodes of Perth metropolitan area. Specifically, the Instrument re-defines the postcodes that make up āregional Australiaā under subregulation 5.19(7) The relevant part of Regulation 5.19, that deals with Direct Entry RSMS Nominations, falls under Subparagraph 5.19(4)(h)(ii), which has seven sub-subparagraphs, A, B, C, D, DA. E and F. All these 7 sub-subparagraphs are āTime of Decisionā requirements. The relevant sub-subparagraph affected by a re-definition of āRegional Australiaā is sub-subparagraph 5.19(4)(h)(ii)(A): āthe position is located inĀ regional Australiaā. Without any transitional arrangements to this new Instrument, any Nominations on or after 17 November 2017, will not meet Sub-subparagraph 5.19(4)(h)(ii)(A) and must be refused.Ā This would also retrospectively affect Nominations refused prior to 17thĀ November 2017, that are still undecided with the AAT. I am grateful for WA Branch President James Clarke and his Committee for alerting me to this. We will keep you informed of the progress of our request Ā Second email: Ā Dear Colleagues, Update on processing of Perth RSMS applications lodged prior to 17 November 2017 when Legislative Instrument IMMI 17/059 (which removes Perth as a āregionalā area) comes into effect: Ā Ā NO RETROSPECTIVITY! Following my representations to the Assistant Minister and the Department I have just received the following advice from the Department of Immigration and Border Protection: Hi Kevin, The new Instrument applies to applications lodged from 17 November and will not be applied retrospectively. Under the new InstrumentĀ [Legislative Instrument IMMI 17/059]Ā the Perth metropolitan area is not considered regional for RSMS applications. The RSMS applications in the Perth metropolitan area that we have on-hand and lodged before the 13 March 2017 with RCB certification will proceed to assessment. Those RSMS applications lodged from 13 March 2017 onwards do not have RCB certification as the WA governmentās RCB declined to provide certification. These applications will be finalised and as they cannot be approved without RCB certification, will be offered the option to withdraw or be refused. The department will be sending an e-newsletter shortly with this information. Ā The department has since confirmed that this means that those applications lodged before 13 March 2017 with RCB certification from Perth will proceed to assessmentĀ AND when they are assessed the consideration of sub-subparagraph 5.19(4)(h)(ii)(A), which is a time of decision matter, will use the old Instrument and Perth will be acceptable for those applications. I trust this information will be of some comfort to many of you and your clients. Kind regards, Kevin Lane National President Migration Institute of Australia Edited November 16, 2017 by barker Quote Link to comment Share on other sites More sharing options...
barker Posted November 17, 2017 Share Posted November 17, 2017 (edited) Hey guys I'm happy to say I have some relief and for a change some truly GREAT NEWS for you all. So the stack updated today and here is the updated directive. The bold and big text is the most important part.Ā 10.3.3 Approvable occupations specified in the latest legislative instrument For RSMS any occupation specified in the relevant legislative instrument with ANZSCO skill levels 1 to 3 may be nominated. RegulationĀ 5.19(4)(h)(i)(A)Ā (ENS Direct Entry stream) and RegulationĀ 5.19(4)(h)(ii)(D)(RSMS Direct Entry stream) provide that the delegate must be satisfied that that the tasks to be performed in the position will correspond to the tasks of an occupation specified by the Minister in an Instrument in writing. In practice, this means that: when assessing nominations under RegulationĀ 5.19(4)(h)(i)(A)Ā delegates must confirm that the nominated occupation is included on theĀ Medium and Long term Strategic Skills List (MLTSSL)Ā or theĀ Short term Skilled Occupation List (STSOL),Ā which lists occupations that can be approved in relation to permanent employer sponsored nominations under the ENS Direct Entry stream; when assessing nominations under RegulationĀ 5.19(4)(h)(ii)(D)Ā delegates must confirm that the nominated occupation is included in the legislative instrument in relation to permanent employer sponsored nominations under the RSMS Direct Entry stream. delegates must be satisfied that the tasks of the nominated position effectively align with the tasks for that occupation as outlined in the Australian and New Zealand Standard Classification of Occupations (ANZSCO). Important: As of 19 April 2017, the legislative instrument for Regulation 5.19(4)(h)(i)(A) referred to above contains two lists, the MLTSSL, which replaced the former Skilled Occupation List (SOL), and the STSOL which replaced the Consolidated Sponsored Occupation List (CSOL). Occupations listed in the MLTSSL and STSOL are eligible for the PESE ENS Direct Entry stream. A full list of these occupations is available on the Departmentās website. Some occupations on the list are restricted to certain situations via a caveat - refer to the legislative instrument. The list will be reviewed periodically and can change with occupations being removed or added. If the Direct Entry stream nomination application was made before the updated list came into effect, then the application will be considered against the list that was current at the time the nomination was lodged. If the Direct Entry stream nomination application was lodged on or after the date the updated list came into effect, then officers should confirm that the nominated occupation is specified in the current legislative instrument. If the nomination application and associated visa application are for a removed occupation, then the applications cannot be further assessed and the applicants should be offered the opportunity to withdraw. Edited November 17, 2017 by barker Quote Link to comment Share on other sites More sharing options...
barker Posted November 17, 2017 Share Posted November 17, 2017 Also, here is an update about potential changes to the occupations listed onĀ MLTSSL and STSOL.Ā Traffic Light Skilled list changes.pdf Quote Link to comment Share on other sites More sharing options...
GnS Posted November 17, 2017 Share Posted November 17, 2017 1 hour ago, barker said: Hey guys I'm happy to say I have some relief and for a change some truly GREAT NEWS for you all. So the stack updated today and here is the updated directive. The bold and big text is the most important part.Ā 10.3.3 Approvable occupations specified in the latest legislative instrument For RSMS any occupation specified in the relevant legislative instrument with ANZSCO skill levels 1 to 3 may be nominated. RegulationĀ 5.19(4)(h)(i)(A)Ā (ENS Direct Entry stream) and RegulationĀ 5.19(4)(h)(ii)(D)(RSMS Direct Entry stream) provide that the delegate must be satisfied that that the tasks to be performed in the position will correspond to the tasks of an occupation specified by the Minister in an Instrument in writing. In practice, this means that: when assessing nominations under RegulationĀ 5.19(4)(h)(i)(A)Ā delegates must confirm that the nominated occupation is included on theĀ Medium and Long term Strategic Skills List (MLTSSL)Ā or theĀ Short term Skilled Occupation List (STSOL),Ā which lists occupations that can be approved in relation to permanent employer sponsored nominations under the ENS Direct Entry stream; when assessing nominations under RegulationĀ 5.19(4)(h)(ii)(D)Ā delegates must confirm that the nominated occupation is included in the legislative instrument in relation to permanent employer sponsored nominations under the RSMS Direct Entry stream. delegates must be satisfied that the tasks of the nominated position effectively align with the tasks for that occupation as outlined in the Australian and New Zealand Standard Classification of Occupations (ANZSCO). Important: As of 19 April 2017, the legislative instrument for Regulation 5.19(4)(h)(i)(A) referred to above contains two lists, the MLTSSL, which replaced the former Skilled Occupation List (SOL), and the STSOL which replaced the Consolidated Sponsored Occupation List (CSOL). Occupations listed in the MLTSSL and STSOL are eligible for the PESE ENS Direct Entry stream. A full list of these occupations is available on the Departmentās website. Some occupations on the list are restricted to certain situations via a caveat - refer to the legislative instrument. The list will be reviewed periodically and can change with occupations being removed or added. If the Direct Entry stream nomination application was made before the updated list came into effect, then the application will be considered against the list that was current at the time the nomination was lodged. If the Direct Entry stream nomination application was lodged on or after the date the updated list came into effect, then officers should confirm that the nominated occupation is specified in the current legislative instrument. If the nomination application and associated visa application are for a removed occupation, then the applications cannot be further assessed and the applicants should be offered the opportunity to withdraw. Thank you for you precious updates Barker! That's an awesome news!! Quote Link to comment Share on other sites More sharing options...
Muntasir Posted November 17, 2017 Share Posted November 17, 2017 1 hour ago, barker said: Hey guys I'm happy to say I have some relief and for a change some truly GREAT NEWS for you all. So the stack updated today and here is the updated directive. The bold and big text is the most important part.Ā 10.3.3 Approvable occupations specified in the latest legislative instrument For RSMS any occupation specified in the relevant legislative instrument with ANZSCO skill levels 1 to 3 may be nominated. RegulationĀ 5.19(4)(h)(i)(A)Ā (ENS Direct Entry stream) and RegulationĀ 5.19(4)(h)(ii)(D)(RSMS Direct Entry stream) provide that the delegate must be satisfied that that the tasks to be performed in the position will correspond to the tasks of an occupation specified by the Minister in an Instrument in writing. In practice, this means that: when assessing nominations under RegulationĀ 5.19(4)(h)(i)(A)Ā delegates must confirm that the nominated occupation is included on theĀ Medium and Long term Strategic Skills List (MLTSSL)Ā or theĀ Short term Skilled Occupation List (STSOL),Ā which lists occupations that can be approved in relation to permanent employer sponsored nominations under the ENS Direct Entry stream; when assessing nominations under RegulationĀ 5.19(4)(h)(ii)(D)Ā delegates must confirm that the nominated occupation is included in the legislative instrument in relation to permanent employer sponsored nominations under the RSMS Direct Entry stream. delegates must be satisfied that the tasks of the nominated position effectively align with the tasks for that occupation as outlined in the Australian and New Zealand Standard Classification of Occupations (ANZSCO). Important: As of 19 April 2017, the legislative instrument for Regulation 5.19(4)(h)(i)(A) referred to above contains two lists, the MLTSSL, which replaced the former Skilled Occupation List (SOL), and the STSOL which replaced the Consolidated Sponsored Occupation List (CSOL). Occupations listed in the MLTSSL and STSOL are eligible for the PESE ENS Direct Entry stream. A full list of these occupations is available on the Departmentās website. Some occupations on the list are restricted to certain situations via a caveat - refer to the legislative instrument. The list will be reviewed periodically and can change with occupations being removed or added. If the Direct Entry stream nomination application was made before the updated list came into effect, then the application will be considered against the list that was current at the time the nomination was lodged. If the Direct Entry stream nomination application was lodged on or after the date the updated list came into effect, then officers should confirm that the nominated occupation is specified in the current legislative instrument. If the nomination application and associated visa application are for a removed occupation, then the applications cannot be further assessed and the applicants should be offered the opportunity to withdraw. Thanks baker for the important update. Just to clarify one thing, as per my understanding from reading the update that you shared, for RSMS the current occupation list will be followed instead of stsol and MLTSSL. Am I right?Ā Quote Link to comment Share on other sites More sharing options...
Shaktimaan Posted November 17, 2017 Share Posted November 17, 2017 (edited) 16 minutes ago, Muntasir said: Thanks baker for the important update. Just to clarify one thing, as per my understanding from reading the update that you shared, for RSMS the current occupation list will be followed instead of stsol and MLTSSL. Am I right?Ā Thanks for the information baker. Mist be relief for some friends. I was going through the list and many of our friends have applied for RETAIL MANAGER occupation in 2016, what do you say about it??Ā Edited November 17, 2017 by Shaktimaan Quote Link to comment Share on other sites More sharing options...
Shaktimaan Posted November 17, 2017 Share Posted November 17, 2017 25 minutes ago, GnS said: Thank you for you precious updates Barker! That's an awesome news!!Ā MustĀ be relief for some friends. I was going through the list and many of our friends have applied for RETAIL MANAGER occupation in 2016, what do you say about it??Ā Quote Link to comment Share on other sites More sharing options...
Shaktimaan Posted November 17, 2017 Share Posted November 17, 2017 Hi friendsĀ any more updates of which month files are opening as of now? 1 Quote Link to comment Share on other sites More sharing options...
barker Posted November 18, 2017 Share Posted November 18, 2017 2 hours ago, Shaktimaan said: Thanks for the information baker. Mist be relief for some friends. I was going through the list and many of our friends have applied for RETAIL MANAGER occupation in 2016, what do you say about it??Ā Hi Shaktimaan, if you are looking for advise specific to your situation I'd ask your RMA but in general with this statement above by the department, because they applied in 2016, they are subject to that particular instrument.Ā Also, the file I posted is simply proposed changes, not confirmed changes.Ā Quote Link to comment Share on other sites More sharing options...
barker Posted November 18, 2017 Share Posted November 18, 2017 2 hours ago, Muntasir said: Thanks baker for the important update. Just to clarify one thing, as per my understanding from reading the update that you shared, for RSMS the current occupation list will be followed instead of stsol and MLTSSL. Am I right?Ā So right now the current occupation list for the 187 DE is found in this legislative instrument.Ā https://www.legislation.gov.au/Details/F2017L00847 2 Quote Link to comment Share on other sites More sharing options...
Kaushal Posted November 19, 2017 Share Posted November 19, 2017 there few April files were opened . What happened with those files ? Quote Link to comment Share on other sites More sharing options...
29 jun Posted November 20, 2017 Share Posted November 20, 2017 So ........ Ā quite !Ā is anybody know what the ..... Is going on? Quote Link to comment Share on other sites More sharing options...
Forum name Posted November 20, 2017 Share Posted November 20, 2017 (edited) Barker, I wanted to message you privately. I have just joined the forum... it says I can send 0 messages per day (no clue as to if/when I can PM). Are you able to please advertise your professional details on here and/or message me... (I potentially want to consult you professionally)? Regards FN Edited November 20, 2017 by Forum name Mistakes + addition Quote Link to comment Share on other sites More sharing options...
barker Posted November 21, 2017 Share Posted November 21, 2017 19 hours ago, Forum name said: Barker, I wanted to message you privately. I have just joined the forum... it says I can send 0 messages per day (no clue as to if/when I can PM). Are you able to please advertise your professional details on here and/or message me... (I potentially want to consult you professionally)? Regards FN Sorry Iām not a migration agent and I donāt give advice. There are however many good migration agents on this board if you have a look around. I simply post the information that I receive or research myself. Quote Link to comment Share on other sites More sharing options...
Mazen Posted November 21, 2017 Share Posted November 21, 2017 Processing time changed on 16th of November, 15 to 18 months nowĀ Quote Link to comment Share on other sites More sharing options...
parveen Posted November 21, 2017 Share Posted November 21, 2017 My MA send email regarding my application got 13 months Hairdresser nom and visa on 15 oct 2016 so I got this reply from the department Quote Link to comment Share on other sites More sharing options...
parveen Posted November 21, 2017 Share Posted November 21, 2017 Quote Link to comment Share on other sites More sharing options...
Mazen Posted November 21, 2017 Share Posted November 21, 2017 there must be a way of speeding up the process, even if the number of applicants is so manyĀ 1 Quote Link to comment Share on other sites More sharing options...
Talwaar Khan Posted November 22, 2017 Share Posted November 22, 2017 On 18/11/2017 at 10:24, GnS said: Thank you for you precious updates Barker! That's an awesome news!! I have applied on may 17, means im safe as well and all applications applied before March 2018 will be accesed under old instrument? Please clarify ur understanding Barker. Thanks Quote Link to comment Share on other sites More sharing options...
barker Posted November 22, 2017 Share Posted November 22, 2017 5 hours ago, Talwaar Khan said: I have applied on may 17, means im safe as well and all applications applied before March 2018 will be accesed under old instrument? Please clarify ur understanding Barker. Thanks IāveĀ posted the information that DIBP has provided and beyond that I donāt really have any more Iām sorry! They havenāt exactly been super forthcoming with details. Letās hope they release more information soon. Quote Link to comment Share on other sites More sharing options...
kanz Posted November 25, 2017 Share Posted November 25, 2017 On 11/18/2017 at 03:03, barker said: Hey guys I'm happy to say I have some relief and for a change some truly GREAT NEWS for you all. So the stack updated today and here is the updated directive. The bold and big text is the most important part.Ā 10.3.3 Approvable occupations specified in the latest legislative instrument For RSMS any occupation specified in the relevant legislative instrument with ANZSCO skill levels 1 to 3 may be nominated. RegulationĀ 5.19(4)(h)(i)(A)Ā (ENS Direct Entry stream) and RegulationĀ 5.19(4)(h)(ii)(D)(RSMS Direct Entry stream) provide that the delegate must be satisfied that that the tasks to be performed in the position will correspond to the tasks of an occupation specified by the Minister in an Instrument in writing. In practice, this means that: when assessing nominations under RegulationĀ 5.19(4)(h)(i)(A)Ā delegates must confirm that the nominated occupation is included on theĀ Medium and Long term Strategic Skills List (MLTSSL)Ā or theĀ Short term Skilled Occupation List (STSOL),Ā which lists occupations that can be approved in relation to permanent employer sponsored nominations under the ENS Direct Entry stream; when assessing nominations under RegulationĀ 5.19(4)(h)(ii)(D)Ā delegates must confirm that the nominated occupation is included in the legislative instrument in relation to permanent employer sponsored nominations under the RSMS Direct Entry stream. delegates must be satisfied that the tasks of the nominated position effectively align with the tasks for that occupation as outlined in the Australian and New Zealand Standard Classification of Occupations (ANZSCO). Important: As of 19 April 2017, the legislative instrument for Regulation 5.19(4)(h)(i)(A) referred to above contains two lists, the MLTSSL, which replaced the former Skilled Occupation List (SOL), and the STSOL which replaced the Consolidated Sponsored Occupation List (CSOL). Occupations listed in the MLTSSL and STSOL are eligible for the PESE ENS Direct Entry stream. A full list of these occupations is available on the Departmentās website. Some occupations on the list are restricted to certain situations via a caveat - refer to the legislative instrument. The list will be reviewed periodically and can change with occupations being removed or added. If the Direct Entry stream nomination application was made before the updated list came into effect, then the application will be considered against the list that was current at the time the nomination was lodged. If the Direct Entry stream nomination application was lodged on or after the date the updated list came into effect, then officers should confirm that the nominated occupation is specified in the current legislative instrument. If the nomination application and associated visa application are for a removed occupation, then the applications cannot be further assessed and the applicants should be offered the opportunity to withdraw. Ā On 11/18/2017 at 03:03, barker said: Hey guys I'm happy to say I have some relief and for a change some truly GREAT NEWS for you all. So the stack updated today and here is the updated directive. The bold and big text is the most important part.Ā 10.3.3 Approvable occupations specified in the latest legislative instrument For RSMS any occupation specified in the relevant legislative instrument with ANZSCO skill levels 1 to 3 may be nominated. RegulationĀ 5.19(4)(h)(i)(A)Ā (ENS Direct Entry stream) and RegulationĀ 5.19(4)(h)(ii)(D)(RSMS Direct Entry stream) provide that the delegate must be satisfied that that the tasks to be performed in the position will correspond to the tasks of an occupation specified by the Minister in an Instrument in writing. In practice, this means that: when assessing nominations under RegulationĀ 5.19(4)(h)(i)(A)Ā delegates must confirm that the nominated occupation is included on theĀ Medium and Long term Strategic Skills List (MLTSSL)Ā or theĀ Short term Skilled Occupation List (STSOL),Ā which lists occupations that can be approved in relation to permanent employer sponsored nominations under the ENS Direct Entry stream; when assessing nominations under RegulationĀ 5.19(4)(h)(ii)(D)Ā delegates must confirm that the nominated occupation is included in the legislative instrument in relation to permanent employer sponsored nominations under the RSMS Direct Entry stream. delegates must be satisfied that the tasks of the nominated position effectively align with the tasks for that occupation as outlined in the Australian and New Zealand Standard Classification of Occupations (ANZSCO). Important: As of 19 April 2017, the legislative instrument for Regulation 5.19(4)(h)(i)(A) referred to above contains two lists, the MLTSSL, which replaced the former Skilled Occupation List (SOL), and the STSOL which replaced the Consolidated Sponsored Occupation List (CSOL). Occupations listed in the MLTSSL and STSOL are eligible for the PESE ENS Direct Entry stream. A full list of these occupations is available on the Departmentās website. Some occupations on the list are restricted to certain situations via a caveat - refer to the legislative instrument. The list will be reviewed periodically and can change with occupations being removed or added. If the Direct Entry stream nomination application was made before the updated list came into effect, then the application will be considered against the list that was current at the time the nomination was lodged. If the Direct Entry stream nomination application was lodged on or after the date the updated list came into effect, then officers should confirm that the nominated occupation is specified in the current legislative instrument. If the nomination application and associated visa application are for a removed occupation, then the applications cannot be further assessed and the applicants should be offered the opportunity to withdraw. hey barker, not able to find one about nomination approvalĀ where it's written specifically on dibp website ? Quote Link to comment Share on other sites More sharing options...
barker Posted November 25, 2017 Share Posted November 25, 2017 (edited) 10 hours ago, kanz said: Ā hey barker, not able to find one about nomination approvalĀ where it's written specifically on dibp website ? Hi Kanz, You won't find it on the DIBP website. This is an excerpt from legendcom, which is a subscription based service from DIBP.Ā Edited November 25, 2017 by barker Quote Link to comment Share on other sites More sharing options...
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