187 DE Advice Pre November Shutdown

[Alexander]

 

Hello,

 

Would appreciate a second opinion here as I’ve done my research and got an opinion from our current migration agent (who surprised us during our meeting last week when they were completely unaware of the closure of the 187 visa and replacement with the 494 in November)

https://www.legislation.gov.au/Details/F2019L00578/Explanatory Statement/Text

 

Quick Backstory:

Currently on a 482 Visa which was approved immediately (7 days time) for a Restaurant Manager in Regional NSW.   Back in Feb 2018 we applied for a 187 DE however that was withdrawn at the same time as getting the 482 in March 2019 due to the fact that original business sold to new owners and a new ABN making it no longer a valid 187 nomination.  The 482 was a means to get us on a substantive visa to then reapply for a new 187 to get back on the path to PR.

 

Questions:

1)

Can someone please confirm that Cafe or Restaurant manager (141111) is no longer an eligible occupation for a 186 Visa Direct Entry or TRT?

 

2)

Since the 187 is ending in November can someone please confirm that a second 482 visa application in 2021, to get to the required 3 years with employer, to then apply for a 187 TRT or 186 TRT is no longer an option due to the closure of the 187 and the fact that Restaurant Manager is not on the list of eligible occupations for the 186?

 

3)

With the upcoming ending of the 187 visa we are looking to launch a new nomination/application before November 16 2019.  My partner will in October 2019 have 3 years full-time experience as a restaurant manager (along with an Australian Advanced Diploma).

 

In regards to the RCB application we are familiar with the approval process from last go around, the labour market testing, and the processing time with our local RCB (up to 12 weeks currently).

Our plan is for the business to start advertising in July for 3 weeks.  So that in August the RCB application can be submitted and processed within the 12 weeks time prior to the cutoff November 16 2019 date.

This is where a second opinion would be greatly appreciated…

 

Does my partner need to have those 3 years experience when the RCB application form is submitted for processing with the local regional office?

 

Our agent believes that while we can begin to do the Labour Market Testing now, we should not submit the application with the Regional RCB office until October when my partner has 3 years experience.  This means that the RCB will most likely not have made a decision before the Nov 16th date and the Nomination/ Application will need to be submitted prior to an answer from the Regional Office. and then that RCB answer subsquently added to the application once the RCB office issues their decision.

 

After calling the RCB directly, their office explained that their RCB application process is only concerned with the business meeting the labour market testing, the fact if the position meets the minimum required Australian entitlements, and if the position can or cannot be filled by a local qualified resident/citizen.  Their office made it clear they are not interested in the applicant’s experience or qualifications and that criteria is strictly up to the department of home affairs.

Their office expressed it would certainly be in our interest to submit an RCB application with at least 12 weeks prior to the November 16 changes, as their offices will continue to process and issue decisions after that time, however it is unclear whether the department of home affairs will consider valid any RCB decisions issued after November 16.  Any opinoins on this?

 

Our Migration Agent disagrees with all of the RCB's statement.  And believes that a department Case Officer could eventually deny the application due to the fact that RCB application was submitted prior to the applicants 3 years experience.  Is this a possilbity?

 

Any 2nd opinions or confirmation on these matters would put my partner and I a bit at ease.  I trust our current migration agent has our best intersets at heart, but at this point my partner and I are looking to get back on a path to PR as quickly as possilbe and with legislation constantly changing things are becoming more and more uncertain especially for Restaurant Managers.

Edited June 23, 2019 by Alexander