helenr Posted February 24, 2010 Share Posted February 24, 2010 Hope someone can clarify where we are at the moment!! just been told by our migration agent that due to the new skills lists coming into effect soon and the old one being cancelled, my hubby cannot apply for a rsms visa in SA with an exemption for being 46. He is in contact with a company who are keen to get him over, although his skills are so specialised that they are not on the list anyway!! and we now dont know where we stand. Have been told that our only other option is a business visa as we run a business over here, but with the house prices being so low at the moment we don't think we can satisfy the $300,000 net assets. Any help will be so appreciated as we thought last week we were on our way!!! Helen Link to comment Share on other sites More sharing options...
Guest guest33730 Posted February 24, 2010 Share Posted February 24, 2010 Helen, If it were me (which it was) I would go for the 'special circumstances' re the age - with me it was the qualification side of things which I had to get exemption for. A good migration agent should be able to help your prospective employer draft a letter showing that your husbands skills are so specialised that there is no one in the local job market that fulfill the role. I reckon it's worth a go as most other routes will be much more difficult. All the best Daniel Link to comment Share on other sites More sharing options...
helenr Posted February 24, 2010 Author Share Posted February 24, 2010 Thanks Daniel! Not sure why the agent said that this route was closed to us now even with the changes in the skills list!! Will try and get him to clarify what he means exactly as he has all our details. Helen Link to comment Share on other sites More sharing options...
George Lombard Posted February 24, 2010 Share Posted February 24, 2010 Hi Helen, I would be seeking a second opinion on the RSMS. Cheers, George Lombard Link to comment Share on other sites More sharing options...
Guest guest33730 Posted February 24, 2010 Share Posted February 24, 2010 Thanks Daniel! Not sure why the agent said that this route was closed to us now even with the changes in the skills list!! Will try and get him to clarify what he means exactly as he has all our details. Helen Helen, I've just seen George Lombards reply to you - he is one of the most respected agents in his field and if he is advising you to get a second opinion I would listen to him. Chat to your current agent but if you don't get anywhere I would PM George Daniel Link to comment Share on other sites More sharing options...
Raul Senise Posted February 24, 2010 Share Posted February 24, 2010 Hope someone can clarify where we are at the moment!! just been told by our migration agent that due to the new skills lists coming into effect soon and the old one being cancelled, my hubby cannot apply for a rsms visa in SA with an exemption for being 46. He is in contact with a company who are keen to get him over, although his skills are so specialised that they are not on the list anyway!! and we now It is always difficult to comment without all the facts but the above does not seem to make sense for a number of reasons, the biggest one being that Skilled Occupation List (SOL) is not relevant to RSMS. dont know where we stand. Have been told that our only other option is a business visa as we run a business over here, but with the house prices being so low at the moment we don't think we can satisfy the $300,000 net assets. This would be an expensive option which may or may not lead to PR in a number of years. Link to comment Share on other sites More sharing options...
helenr Posted February 25, 2010 Author Share Posted February 25, 2010 Thanks ABA! His exect reason is: "We have just been informed that due to the MODL being revoked, with that (as of today) they revoked the waiver for applicants over 45 applying for the RSMS visa Applicants over 45 can now only apply for a RSMS (over 45) if they have a critical skills occupation - and the problem there is, there is no critical skills list anymore." I think that I may have a chat with another agent and see where we stand. He seemed so helpful as well!! Helen Link to comment Share on other sites More sharing options...
Alan Collett Posted February 25, 2010 Share Posted February 25, 2010 The Critical Skills List DOES still exist. It is likely to be phased out with the review of skilled occupations which the Minister announced just over two weeks ago, but for now the CSL continues to have relevance to ENS and RSMS applications where the exceptional provisions are being sought. Consider taking advice from another agent who is perhaps more "on the ball." Best regards. Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted February 25, 2010 Share Posted February 25, 2010 Hi helenr I agree with all the other contributors to this thread and I think that your present agent is totally confused. Apparently an applicant for an employer-sponsored PR visa has to have at least 3 years' work experience or has to have worked in Oz on a 457 or 485 visa for a while, so that s/he gets some Aussie work experience. Somebody who has recently graduated from a course of study at an Aussie institution (ie an ex International Student) might have little or no work experience. A waiver is available for this if "exceptional circumstances" can be shown: Employer Nomination Scheme (Subclass 121/856) Regional Sponsored Migration Scheme (Subclass 119/857) It seems that what was happening was that the ex-Students were claiming that the lack of relevant work-experience did not matter because the occupation was on the MODL. DIAC have said that they intend to put a stop to this practice now that the MODL has disappeared. However, the skills exception and the age exception are completely different concepts. Your Hubby can prove that he has the necessary work experience, plus he is only 46 years old. I think that your present agent is in a complete muddle, to be honest. I'd recommend asking a Registered Migration Agent who is not muddled about any of this. Cheers Gill Link to comment Share on other sites More sharing options...
helenr Posted February 25, 2010 Author Share Posted February 25, 2010 Thanks to all who have replied!:biggrin: I was beginning to think that I had totally misread the visa requirements:confused: I think it is time to ask another agent for their opinion of our situation. Helen Link to comment Share on other sites More sharing options...
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