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RSMS nightmare


Linda Irvine

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:mad:Anyone else been through the nightmare that is the RSMS visa? As we are older (my husband is 54 in May) and being sponsored as a plumber/gas fitter, on the temp work visa at the moment, we are now classed as "exceptional circumstances" and have to prove that his employer cant get anyone younger or local to do the job. We have been here a year now and were lied to our faces by our consultant in the UK who worked for ****************. He told us he had lodged the perm res visa last July and it turns out he didn't and has since been sacked (great eh?) We are still struggling with it, and having been passed from pillar to post by our agents, are now dealing with someone who seems to know what she is doing. Now with the economic situation as it is and rising unemployment in Queensland, the Government is getting tough and we are not sure if our application will be accepted, feel like going home at the moment and don't know whether to go ahead and cause ourselves more heartache and money. After the rollercoaster we've been through, we need to feel that we know either way and still don't.

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Hi. Are you saying that your husband currently holds a 457 visa and is working on that in Australia now? And that you still need to prove exceptional circumstances even though he already has the visa?

 

What has your new agent applied for in Qld? State sponsorship under 176 or 475? I don't have the Qld skills list handy so I'm not sure if a plumber/gas fitter is on the Qld list. Please ask your new agent for copies of all confirmations of filings they make with the government. That way, you can keep an eye on what they are doing for you going forward.

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Guest proud2beaussie

I think melbournegirl's advice is very good,I would also send a PM to Gill (Gollywobbler) as she has some knowledge of the affairs of the company in question and may be able to offer some advice.

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Thanks for your reply both of you, yes my husband is on the 457 temp work visa, (which applies to both of us) but as he is the main applicant because of his age (54) it has to be classed as exceptional circumstances. His employer is willing to provide evidence of his need to employ him, so we will go ahead as we've come this far and see what happens. Our consultant also suggested the parent visa as our eldest son is a permanent resident, but this would cost us 65,000 dollars (non refundable) plus 14,000 dollars returnable after 2 years. The process is easier but can take up to 18 months, no way can we afford that!!

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Guest Gollywobbler

Hi Linda

 

Unfortunately your migration agents are the cause of your nightmare, not the RSMS visa.

 

Yesterday I had a chat with one of the people who is trying to help to protect the clients. I was told that the lady dealing with the RSMS visa applications is good at doing them but she has a huge pile of files and nobody to assist her, consequently it takes her quite a while to get things done - so I am told.

 

In view of Hubby's age, an RSMS visa is the only possible chance that you have of securing PR in Australia unless you are also eligible for Family Stream migraion, eg via the Parent visa route?

 

Regional Sponsored Migration Scheme (Subclass 119/857)

 

Employer Sponsored Migration Booklet - Australian Immigration

 

Here are the normal eligibility requirements for an RSMS visa:

 

Regional Sponsored Migration Scheme (Subclass 119/857)

 

You will need to claim an exemption from the age requirement, which is not necessarily impossible to obtain but it is not easy either:

 

Regional Sponsored Migration Scheme (Subclass 119/857)

 

All of the skilled trades are in ASCO Group 4, so Hubby does not instantly fit the "exceptional circumstances" provisions set out in the link above.

 

Whereabouts in QLD are you, please? I ask because I suspect that a local agent, used to dealing with the local Regional Certifying Body, might well be a better bet for the task which is needed than relying on an overworked woman thousands of miles away with no experience of the particular RCB involved. The more 'regional' your location the better, as well.

 

If you could let me know where you are, I may be able to suggest an agent near you who might be of genuine use. Some migration agents are excellent. Others are a waste of time and money so it is no use suggesting a scattergun approach to you.

 

Best wishes

 

Gill

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Sorry, didn't make myself very clear, we are on a 457 temp work visa, but in the process of applying for the RSMS at the moment. Things delayed because we were lied to by previous consultant last year and thought RSMS had been lodged, but it hadn't and we didn't know that until we phoned them recently.

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Hi Linda. Are you having to deal with the RCB in Mooloolaba by any chance? If so, we have found them insistent on Labour Market Testing in the past ... which is a pain in the derriere, but capable of being overcome.

 

My migration agent colleague Sarah White has dealt with such applications (and this RCB in particular) in the past - if I am correct and you would like a chat with Sarah please send me a PM or email with your phone number.

 

Best regards.

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