187 Visa Processing Time

[Rajvir Singh]

10 hours ago, Geelee said:

I have waited 17 months and two weeks. Nomination already approved in may 2016. Visa applied on16/05/2016. Still waiting?

My nomination was approved aswell in may 2016....filed visa on 8th June 2016.... no news yet??? restaurant manager

your occupation mate?

[SaurabhG]

12 hours ago, ljarc said:

HI MATE , did your Nomination approved yet? which city are you in?

Hi Ijarc,

Not approved yet I m in Qld 

[SaurabhG]

7 hours ago, Kaushal said:

Is your opened?

Hi Kaushal

not opened yet 

[Guest ljarc]

Hi Ijarc,
Not approved yet I m in Qld 

Thanks man，hope we could all get our visa soon.

[Cippalippa]

Does anyone know what the automated message say at the moment?

[atamel]

Does anyone know what the automated message say at the moment?

April 2016 to June 2016.

[FIZA]

Hi.

Wanted to know is there anyone who has applied as an office manager? 

[SaurabhG]

22 minutes ago, Cippalippa said:

Does anyone know what the automated message say at the moment?

**This is an automated response regarding ENS 186 and RSMS 187 applications. Please do not respond to this email**

Email Updated on 1 November 2017

 

IMPORTANT INFORMATION

 

We are currently allocating ENS/RSMS cases lodged between April 2016 and June 2017.

[Geelee]

8 hours ago, Rajvir Singh said:

My nomination was approved aswell in may 2016....filed visa on 8th June 2016.... no news yet??? restaurant manager

your occupation mate?

My occupation is massage therapist, in QLD. Just waited too long time. 

[FIZA]

Just thinking those who have crossed timeline and are waiting for more than 16 months, can they take any legal action or request for priority processing?

 

[Guest ljarc]

Hi 

did anyone know what are the procedure after the application?

first you got 'received',  what is the next step?  what will happen when your case been allocated? thanks

what does 'allocated to application' mean?

 

Edited November 3, 2017 by ljarc

[Cippalippa]

Just thinking those who have crossed timeline and are waiting for more than 16 months, can they take any legal action or request for priority processing?
 

I believe everyone is asking the same question but most of us is scared to actually proceeding with enquiring about it because of potential negative repercussions on our own visa application (we don’t want to upset the case officer).

[SaurabhG]

1 hour ago, FIZA said:

Just thinking those who have crossed timeline and are waiting for more than 16 months, can they take any legal action or request for priority processing?

 

Hi Fiza

read visa process times carefully.

it says that 90% of files are assessed in 16 months.so there is no way that we cannot take any type of action.

so just be calm stay positive hope for the best .

i am waiting from 18months.

Nomination 7/4/2016

visa 20/4/2016

retail manager

Qld

Offshore

HR 3 people.

 

?

 

[atamel]

Hi Fiza
read visa process times carefully.
it says that 90% of files are assessed in 16 months.so there is no way that we cannot take any type of action.
so just be calm stay positive hope for the best .
i am waiting from 18months.
Nomination 7/4/2016
visa 20/4/2016
retail manager
Qld
Offshore
HR 3 people.
 
[emoji4]
 

agreed

[FIZA]

On 03/11/2017 at 11:51, FIZA said:

Hi.

Wanted to know is there anyone who has applied as an office manager? 

Anyone?

 

[ManniSingh]

1 hour ago, FIZA said:

Anyone?

 

I applied for client service manager. 

July 2016 

NOM AND VISA 

OFFSHORE. 

HOPE FOR A MIRACLE

 

[Muntasir]

On 11/3/2017 at 10:55, SaurabhG said:

Hi Fiza

read visa process times carefully.

it says that 90% of files are assessed in 16 months.so there is no way that we cannot take any type of action.

so just be calm stay positive hope for the best .

i am waiting from 18months.

Nomination 7/4/2016

visa 20/4/2016

retail manager

Qld

Offshore

HR 3 people.

 

?

 

Is there any chance for Retail Manager occupation to fall of the List on 1st March 2018?

[barker]

Quote

3 hours ago, Muntasir said:

Is there any chance for Retail Manager occupation to fall of the List on 1st March 2018?

 

According to the information we have at the current time, as of March 2018 the MLTSSL will apply to the 187 (supposedly with additional regional occupations), at first glance it appears that Retail Manager 142111 is not on the MLTSSL. 

The DIBP has not made any announcement or provided guidance on whether this change is a time of decision or time of application criteria. 

[Pawi]

Hi guys 

I think they are not picking up Managers file......i m waiting here from 27/4/16 nd no co allocated yet.

[Cippalippa]

According to the information we have at the current time, as of March 2018 the MLTSSL will apply to the 187 (supposedly with additional regional occupations), at first glance it appears that Retail Manager 142111 is not on the MLTSSL. 
The DIBP has not made any announcement or provided guidance on whether this change is a time of decision or time of application criteria. 

I did ask that question to my migration agent... Her answer was: “I truly believe we will have an outcome by March 2018 but in any case the new rules will not apply to previous applications”. That was back in August... and yet I am still waiting for an outcome... Applied June 2016...

[barker]

I certainly hope for everyone's sake that the new rules apply from that date forward, but without any actual guidance it is very difficult for anyone to make a claim one way or the other. Like I've said before it's one of those things that depends on their interpretation of the rules and right now on the PAM3 their interpretation is if the occupation isn't on the list, the nomination can't be approved. I really hope they clarify this soon. 

[GnS]

32 minutes ago, barker said:

I certainly hope for everyone's sake that the new rules apply from that date forward, but without any actual guidance it is very difficult for anyone to make a claim one way or the other. Like I've said before it's one of those things that depends on their interpretation of the rules and right now on the PAM3 their interpretation is if the occupation isn't on the list, the nomination can't be approved. I really hope they clarify this soon. 

I had the same answer from my migrant agent, that is, all new laws/rules do not apply if the application has been submitted. They will apply for only new applications. Anyhow next week there will be an update regarding the visa processing time again...any bet?

Edited November 5, 2017 by GnS

[barker]

11 minutes ago, GnS said:

I had the same answer from my migrant agent, that is, all new laws/rules do not apply if the application has been submitted. They will apply for only new applications. Anyhow next week there will be an update regarding the visa processing time again...any bet?

Once again, I think that saying that the rules do not apply without an official update from the department is misguided. Here's my post from last month that seems to have been ignored, keep in mind this is from the PAM3 which the department decision makers use as their "brain". The thing is if nothing changes this is their current line of thinking. I have underlined and bolded the most important part which is "If the nominated occupation is not listed on the current legislative instrument at the time of making the decision, the nomination cannot be approved."

Quote

Here are the relevant sections. Basically it's stating that Reg 5.19 is a time of decision requirement and not a time of application requirement. Now as some MA's have said this is policy and not law, however it certainly is a troubling interpretation of the law on DIBP's part. As we all know in March 2018 the MLTSSL will replace the current legislative instrument, once this occurs, based on this it appears they could deny unapproved nominations. 

What I'm getting at is that no one besides the DIBP can guarantee how they will process these. To do so is disingenuous. 

The final paragraph is the most damning one in that it specifies the time of decision rule. 

10.3.3 Approvable occupations specified in the latest legislative instrument

For RSMS any occupation with a skill level within ANZSCO skill levels 1 to 3 may be nominated.

Regulation 5.19(4)(h)(i)(A) (ENS Direct Entry stream) and Regulation 5.19(4)(h)(ii)(D) (RSMS Direct Entry stream) provide that the delegate must be satisfied that the nominated occupation and its corresponding 6-digit code correspond to an occupation and its corresponding 6-digit code specified in a legislative instrument. In practice, this means that:

when assessing nominations under Regulation 5.19(4)(h)(i)(A) delegates must confirm that the nominated occupation is included on the Medium and Long term Strategic Skills List (MLTSSL) or the Short term Skilled Occupation List (STSOL), which lists occupations that can be approved in relation to permanent employer sponsored nominations under the ENS Direct Entry stream;
when assessing nominations under Regulation 5.19(4)(h)(ii)(D) 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 referred to above contains two schedules, the MLTSSL, which replaced the former Skilled Occupation List (SOL), and the STSOL which replaced the Consolidated Sponsored Occupation List (CSOL).
Occupations listed in Schedule 1 (MLTSSL) and Schedule 2 (STSOL) to the instrument are eligible for the PESE ENS Direct Entry stream. A full list of these occupations is available on the Department’s website.
Some occupations on the list are restricted to certain situations via a caveat - refer to legislative instrument
The list can change with occupations being removed or added. If the legislative instrument has changed since the application was made, officers should confirm that the nominated occupation is specified in the current legislative instrument. If the nominated occupation is not listed on the current legislative instrument at the time of making the decision, the nomination cannot be approved.

The STSOL and MLTSSL will be updated every six months based on advice from the Department of Employment. Listed caveats will provide additional requirements or exclusions for a number of listed occupations. Since Regulation 5.19 are time of decision requirements, this can mean that an occupation on the STSOL and MLTSSL at the time of lodgement is either no longer on these lists or is further constrained by caveats at time of decision and therefore cannot be approved. In these instances applicants will be afforded the opportunity to withdraw the nomination and associated visa application. The improved agility of the STSOL and MLTSSL to respond to ‘on the ground’ labour market conditions will strengthen the skilled migration programme to react to real-time skill shortages. The STSOL and MLTSSL continues to cover a range of managerial, professional, technical and trade occupations at ANZSCO skill levels 1, 2 and 3.

 

Edited November 5, 2017 by barker

[GnS]

Thank you for the update. That's pretty sad...

[barker]

I think it's important for people's expectations to be tempered and understand that until the department issues some form of guidance (hopefully soon) that making definitive statements may hurt more than it helps. 

Essentially, no one knows what the new rules will be other than the department.