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heyloo every one,,,its been a while I posted but I have a good news to share,,,I applied my Rsms last year DEC 2012 Non drc ,but as the business I was working at got sold , so i had to Apply 190 along with RSMS.

Fortunately I got my approval of 190 today,,,thanks a lot guys for support during the rough times, Its been a very emotional and stressful period .

I wish every one best of luck

cheerz

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Hi Blossom79,

well m back again with question lol ;)

My case officer said he'd forwarded my medical to commonwealth medical officer for further assessment. I have scar in my chest n had follow up and turn up no active TB so far. I was given discharged from the referred clinic. I am just wondering my case officer only asked for my medical but haven't finalised the nomination?

My file was almost a decision ready. When I read email conversation btwn CO n my MA it's seems like finalising my medical could give me the final result.

My main question is normally how long it will take to get response from CMO? it's been more than 13 months my patience is on the verge!!!

Thanks. :)

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It seems that sometimes they do it all in one go. I would be getting jumpily excited if I were you. :->

 

I hope you are totally rite :)

I still need some solid indication before I jump high coz if not

than it would be hard to cope with the pain

been hanging there long time so just afraid I think ;?

Thanks Blossom79 for being there

be my friend!!!!

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I hope you are totally rite :)

I still need some solid indication before I jump high coz if not

than it would be hard to cope with the pain

been hanging there long time so just afraid I think ;?

Thanks Blossom79 for being there

be my friend!!!!

 

today it turns into 15 months awaiting .... And still my co is waiting for information from last 5 months no one knows wat kinds of Information she is looking for ...not me not my owner not even my MA...and my application was on priority first ... Being jock all the rules and all information they have given through all their legal site and paper ...

Edited by blossom
Fixing broken quote
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today it turns into 15 months awaiting .... And still my co is waiting for information from last 5 months no one knows wat kinds of Information she is looking for ...not me not my owner not even my MA...and my application was on priority first ... Being jock all the rules and all information they have given through all their legal site and paper ...

 

G'day Mate

Same here mate which date u applied and which centre

what urs occupation mate did ever ur MA contact the CO for updte and how many time he did, As My Ma did twice frist by email and later after month by phone. So been confused should i give it a burl again or not

 

cheers

Edited by Kayes49
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Hi Everyone,

 

I've been absent from the forum for about 2 1/2 weeks ... had to take a time out after receiving news that my nomination was refused :(

 

First, I will provide my timeline just as an FYI...

 

Nomination and RSMS 187 visa application (non-DRC) lodged at the Melbourne office - 11/09/2012

Acknowledgement letters received - 12/09/2012

Nomination lodged with RCB - 10/10/2012

Nomination approved by RCB - 13/11/2012

Case Officer allocated to nomination and visa application - 9/05/2013

Nomination REFUSED - 2/08/2013

 

When I received notification from my migration agent that the nomination was refused, my initial reaction was that I was totally shocked. None of us were prepared for this. It was a very emotional time to be honest. We started preparing my file back in May 2012 and lodged the application in September. So 15 months ... so much time, effort and money! From the time we lodged the application with DIAC, it took 8 months to get a case officer and another 3 months (nearly) for the case officer to refuse the nomination. I can't begin to tell any of you how upsetting/frustrating/stressful this has been. And VERY emotional once we received word that the nomination was refused.

 

It does appear that the case officer was extremely harsh in his decision-making, as he refused it straight away without even contacting our migration agent for further information or clarification. I could understand that a bit more had my application been a decision-ready application, but it wasn't; it was a non-decision ready application. And I know the case officer is under no obligation to request further documentation, but still - come on!

 

Anyway, it was a bit hard to decipher exactly what the reason was for the refusal due to the immigration technical jargon terms used, but after reviewing it with a couple of migration agents, the reason for the refusal is because it was the case officers' opinion that the job duties/tasks/responsibilities that were provided in the job description from my employer weren't in line with the job duties/tasks/responsibilities for the ANZSCO position we applied for. And this certainly raised the question of - isn't that what I'm paying my migration agent for? To identify "errors" like this so it can be addressed BEFORE the application is lodged to prevent this kind of situation? The migration agent definitely should have ensured that the job duties/tasks/responsibilities matched the official ANZSCO position that DIAC compares it to during their assessment. He failed me. It's no skin off his back. OK so he lost some of his fees, but I have lost far more. All the time, effort and money I've put into this. And in the end I've come out with no visa and have to fight to stay in the country. And of course the migration agent isn't willing to accept responsibility for this.

 

But.......... I've calmed down over the past couple of weeks. All we can do now is pick up the pieces and move forward. There's no point in dwelling on something I can't change. Yes, it's a shame that it went down this way, but things could be worse. I do have a lot of things to be thankful for. We are appealing the decision with the Migration Review Tribunal (MRT) and that will allow me to stay in the country. I still have my job and my lovely partner, who has been amazing in supporting me during this difficult time.

 

So we have cut ties with our migration agent for obvious reasons, and I have engaged the services of a MUCH more professional migration agent to move forward with the appeal. The new migration agent has been phenomenal already. Very much on-the-ball and has been so helpful.

 

Anyway, regarding the appeal process, for anyone who is interested, here is how it works. Since the visa application is dependant on the nomination being approved, the visa cannot be granted because the nomination was refused. DIAC has not yet made a decision on the visa application, but that will occur soon - my guess is within the next couple of weeks, and it is inevitable that the visa application will be refused as well. As the nomination was refused with cause, we need to appeal with decision within 21 days to the MRT. The appeal cost is $1604. As we have engaged another migration agent to represent us, he of course also has his fees for preparing the appeal, lodging it, creating a supporting argument to go with the appeal as to why the decision should be overturned and for attending the hearing. HOWEVER, appealing the nomination does not keep my bridging visa active. So once DIAC refuses the visa application in the coming weeks, we then need to appeal the visa application to the MRT as well, which also costs $1604. Appealing the visa application will keep my bridging visa active.

 

As for the MRT, according to their website, for employer sponsored nomination/visa appeals, the average time it takes from when the appeal is lodged to when they make a decision is 554 calendar days. So we're talking a year and a half? Crazy. And there is no guarantee of course. The MRT is an independent government organisation - they are not part of DIAC. They obtain the file with all relevant documents from DIAC and conduct their own assessment. However, we are allowed to provide them with additional supporting documents and an argument as to why the decision should be overturned. If the decision from the MRT is favourable, we can apply for a 50% refund of the MRT fees (used to be 100%). They return the file to DIAC and DIAC then continues with assessing the visa application, and if everything is good then they will grant the visa. It is at that time that the 2 year commitment with the employer starts. Thankfully my employers are amazing and have my back, and are willing to support me through this loooooong process by helping me financially and by continuing to provide employment!

 

Now ... as there is no guarantee that the appeal will be successful, I have a backup plan to fall back on. If we were to lodge the appeal and it was unsuccessful, well I'm pretty sure I would be out of options at that point and would be looking at returning to Canada, which to me is not an option. So my partner and I are also going to prepare ourselves to lodge a partner visa in a years' time once we meet the requirements. The partner visa will be lodged before a decision is made on the appeal, but the appeal will likely get a decision before the partner visa is granted. So if the appeal is successful and DIAC grants my RSMS visa, I will withdrawal the partner visa application. And if for some reason the partner visa is granted first, then I would withdrawal the appeal (but I doubt the partner visa would be granted first). The only thing is, by doing this, if the appeal is successful I will have lost a few thousand on the partner visa (from the visa fee of $3975 + migration agent fees), but if I don't lodge the partner visa and the appeal is unsuccessful, I'd have nothing to fall back on...

 

Something else worth mentioning - once you are refused a visa onshore, you can only apply for a couple of visas whilst onshore. A refugee or a partner visa. Being that I will have been refused my RSMS visa onshore, I can still apply for the partner visa onshore, but as I will be apply from a non substantive visa (a bridging visa), it does complicate it slightly, and I think we will have to get an exception to apply, but I'm pretty sure my migration agent can get that done.

 

Soooo that's pretty much all of it ! Pretty terrible situation to be in. But as I said, I've calmed down a lot and I'm just focusing on the positives and moving forward. Believe me, if there's one thing I have learned through all of this, it's that if you let all of this migration stuff get under your skin, you'll worry yourself sick and I've been there many times. I think the big difference here is knowing that in moving forward, we know upfront that the appeal process is going to take a year and a half (likely) before a decision is made. So at least I can continue to live my day to day life with my partner and just enjoy life and sort of put all of the migration stuff aside for a little while once the appeal is in. All we have to do is just be conscious of putting things aside for the partner visa to prove our committed relationship from time to time.

 

So for those of you who have read all of this, my advice based on my personal experience is this: make sure the job duties/tasks/responsibilities in the job description match are appropriate for the ANZSCO position you are applying for! In my case, the case officer when fishing for another ANZSCO position that he felt was more suitable and refused the application. Very harsh decision, and I really think he should have contacted my migration agent for clarification on the job duties/tasks/responsibilities for the position we applied for.

 

Anyway, good luck to everyone. If anyone has any questions, please feel free to ask!

Hi sonic its very bad news that your nomination was rejected its happen with me as well but after speaking to case manager my MA apply my nomination again with extra document but till date no news I got CO three months ago. Why not you can reapply your nomination I apply as cook .

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Guest Shahid Fayyaz

Hello Everyone,

 

I have just joined this site.I have been following this forum for long time but since i am preparing to lodge my RSMS application currently, i would like your advice and share whats going on my side with visa process.

 

Firstly,the 2 years work experience requirement would not apply to anyone with direct enrollment into Australian AQF Diploma qualification.This is the main reason why immigration have introduced Direct Entry Stream.It is confirmed by a friend who have been granted PR with same qualification as mine.If you have different thoughts on it then i would like to hear from you.

 

However, the main question i want to raise is regarding nomination.As i have just got a job in my field i have been nominated but the job description they have mentioned in the letter has ''Trainee'' with it.Will this effect the nomination? Or will the CO get back to the Employer?

 

Other question i would like to ask is that if i have applied for a visa with my nomination and say my nomination is refused then can i ask my employer to send the nomination again with same application ID.

 

My Timeline:

Nomination Applied 31/07/2013

RCB Application 01/08/2103

RCB Approved 05/08/2013

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Hi shahid, direct entry mean you never, briefly work in Australia but that not means that you don't need the 2years work experience,You will need 2years working experience from now on. It's a safety for you even though your fren got a PR. Its up to you to ignore it.

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Hi everyone,

 

here is my timeline

 

rcb lodge : 29 sep 2012

nomination lodged :29 sep 2012

rcb approved : 29 oct 2012

Visa applied : 1 march 2013

c/o requested: contract,medical

visa granted: 26 aug 2013

 

Applied on Parramatta , non decision ready , low risk country, motor mechanic with certificate III + 2 years

work experience, agent fees $1500 on visa simply ...good luck for all you guys!

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Hello Everyone,

 

I have just joined this site.I have been following this forum for long time but since i am preparing to lodge my RSMS application currently, i would like your advice and share whats going on my side with visa process.

 

Firstly,the 2 years work experience requirement would not apply to anyone with direct enrollment into Australian AQF Diploma qualification.This is the main reason why immigration have introduced Direct Entry Stream.It is confirmed by a friend who have been granted PR with same qualification as mine.If you have different thoughts on it then i would like to hear from you.

 

However, the main question i want to raise is regarding nomination.As i have just got a job in my field i have been nominated but the job description they have mentioned in the letter has ''Trainee'' with it.Will this effect the nomination? Or will the CO get back to the Employer?

 

Other question i would like to ask is that if i have applied for a visa with my nomination and say my nomination is refused then can i ask my employer to send the nomination again with same application ID.

 

My Timeline:

Nomination Applied 31/07/2013

RCB Application 01/08/2103

RCB Approved 05/08/2013

If your friend applied before the rule change in may then the new 2 years experience rule would not have been applied to them. It does apply to anyone who applied since then. It doesn't matter what stream you do down.

Yes it will be a very big issue that your job description says trainee! The whole point of this visa is that they want skilled people.

 

I would run your case past a registered migration agent. I recommend Go Matilda or George Lombard. You don't have to use them for your whole application, but they can tell you if you have any chance at the moment.

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Guest Shahid Fayyaz
Hi shahid, direct entry mean you never, briefly work in Australia but that not means that you don't need the 2years work experience,You will need 2years working experience from now on. It's a safety for you even though your fren got a PR. Its up to you to ignore it.

 

Thanks for your reply.It sounds very funny though that they do not need full assessment for onshore graduates yet they need 2 years work experience.It has greatly effected Skilled Graduate Visa holders who can never complete that work experience.Subclass 485 visa is no more recognized as General Skilled migration visa but its unfortunate that current GSM 485 holders do not have any option.

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Guest Shahid Fayyaz
If your friend applied before the rule change in may then the new 2 years experience rule would not have been applied to them. It does apply to anyone who applied since then. It doesn't matter what stream you do down.

Yes it will be a very big issue that your job description says trainee! The whole point of this visa is that they want skilled people.

 

I would run your case past a registered migration agent. I recommend Go Matilda or George Lombard. You don't have to use them for your whole application, but they can tell you if you have any chance at the moment.

 

Thanks for your reply Blosson79.Unfortunately, this is first time in the history of Australian immigration that General Skilled Migration Temporary Visa Subclass cannot be converted into Permanent.GSM 485 have become like a working holiday visa.Why i find it very funny and frustrating is because i have participated in Job Ready Program Step2 and the sole purpose of finishing that program is to be eligible for Skilled Migration Visa.Secondly, RSMS Direct Entry stream doesnt need full assessment but needs 2 years experience from either onshore or offshore applicants which definitely doesnt make sense,if you have 2 years experience here then you would definitely have complete skills assessment lol.Whatever it is i am sure they will have to work this out.

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Thanks for your reply.It sounds very funny though that they do not need full assessment for onshore graduates yet they need 2 years work experience.It has greatly effected Skilled Graduate Visa holders who can never complete that work experience.Subclass 485 visa is no more recognized as General Skilled migration visa but its unfortunate that current GSM 485 holders do not have any option.

 

The advice from me is that if you have work experience back in your country that is really help. I used my working experience back from my country and they will accept it as part of your working experience. If you don't have one, once you have graduated from your study, try to get a job on your nomination occupation because as I know, the time that for the skill graduated visa V485 to be granted is around 18months. Plus the 480hours , vocational placement that you need to applied skill graduated visa, all that up to total would be enough for the Certificate III + 2years on-the-job experience. While waiting for skill graduated visa, usually lots of people will travel or do other job to earn money but I recommend that if you don't have any work experience, try to get a job immediately. Try to get into the labour and DIAC will see that as well to.

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Guest Shahid Fayyaz
The advice from me is that if you have work experience back in your country that is really help. I used my working experience back from my country and they will accept it as part of your working experience. If you don't have one, once you have graduated from your study, try to get a job on your nomination occupation because as I know, the time that for the skill graduated visa V485 to be granted is around 18months. Plus the 480hours , vocational placement that you need to applied skill graduated visa, all that up to total would be enough for the Certificate III + 2years on-the-job experience. While waiting for skill graduated visa, usually lots of people will travel or do other job to earn money but I recommend that if you don't have any work experience, try to get a job immediately. Try to get into the labour and DIAC will see that as well to.

 

Lol no mate i would never think of traveling on that visa.As far as job is concerned i have been working in my nominated occupation (Aircraft Maintenance Engineer) for last 4 months.I got this job 2 weeks after i was granted 485.Secondly, i have shown 980 hours experience to DIAC for 485 and i have about 700 hours currently.I do not have issues with that but my only point was that i got GSM 485 not just 485.When you are granted GSM 485 you receive a notice from DIAC that you are eligible for GSM permanent visa following further requirements.Now these requirement must be met within the time frame of your visa, not beyond that.On top of that i started Job Ready Program 3 months before i had my course out of SOL.Now Job Ready Program Step 2 is only and only for GSM TR to make you eligible for GSM PR(In regards to International Graduates).I have option for 457 but i think i would seek an advice form migration agent for this as it is getting complicated for my Trade...Thanks for your reply again mate!!!

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Guest Shahid Fayyaz

@Macthmn just to answer on your 485 visa time frame lol no mate its 2013 they dont take years to grant you 485.I got my TRA provisional assessment in 1 week(December 2012) and my GSM Visa was granted in 2 months.Now, it might be the case that GSM 485 were stopped after that or it also depends how many people apply for a particular trade.

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Wow, that has improved. I spent 18 months on a bridging visa waiting for my 485.

 

I think the whole point is that they don't want some of the lower paid jobs having the option of pr. I might be wrong, but that's how I see it. You can apply for a 457 to get your two years. More visa fees and guaranteed workers in that field for at least four years (including the two on the rsms). It was people not working in their field after studying they were trying to avoid all along. This forces people to either do that or leave.

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Wow, that has improved. I spent 18 months on a bridging visa waiting for my 485.

 

I think the whole point is that they don't want some of the lower paid jobs having the option of pr. I might be wrong, but that's how I see it. You can apply for a 457 to get your two years. More visa fees and guaranteed workers in that field for at least four years (including the two on the rsms). It was people not working in their field after studying they were trying to avoid all along. This forces people to either do that or leave.

 

 

me too....it took me 18months to get a 485 visa . I agreed with you blossom~ they just want to get rid of you after you have graduated. 457 is really hard to achieved too. For Certificate III in order to get 457 you will need to take a interview or oral skill assessment to achieve.

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is there anybody apply their rsms 187 visa at Melbourne office??? i just want to know the timeline for this area!!

 

my timeline is

RCB Applied 24/05/2013

RCB Approved 14/08/2013

 

Nomination Applied 27/08/2013

Nomination Approved ------------

Visaapplied NODRC 30/08/2013

Visa Granted -------------

thx soooooooooooooooooooooo much

Edited by kaka1133
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Guest Shahid Fayyaz
me too....it took me 18months to get a 485 visa . I agreed with you blossom~ they just want to get rid of you after you have graduated. 457 is really hard to achieved too. For Certificate III in order to get 457 you will need to take a interview or oral skill assessment to achieve.

 

Just to let you guys know that 2 year's work experience is not required at all.I have confirmed this with 3 registered migration agents and one of them is ex case officer.I would not assure it for anyone but I definitely do not need 2 years experience as I am GSM 485 holder.

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Hi all,

I am a long time reader first time poster : )

Ill start off with my profile.

I am from Pakistan, did my bachelor of Marketing and Adv from ECU Perth. First mistake!

 

Anyhow I've been working at a small boutique pizzeria for a few years and have applied RSMS through 'em.

When I applied we had 2 stores one dine in, other takeaway only.

After I applied my rsms, owner decided to sell the dine-in store. Migration agent said it's the same ****.

 

Here is my timeline.

RCB Applied:25 december 2012

RSMS applied:20th Jan 2013.

 

Case officer alloted:1st June.

Case officer asked additional documents, along with the usual medical, Ielts etc.

Documents submitted Asap.

Nomination: still pending.

 

Received email today stating to withdraw or get stuffed in 28 days, as takeaway cannot sponsor.

But nomination officer did notify the option to reapply as Retail manager. (no thanks, not interested)

 

Long story short I am posting a public message to be vary of migration agents. I hired a top migration agent, who missed this. I paid top dollar for a really mediocre service. He did'nt even know the title of retail manager existed!

I won't name them, but they are very popular here in Perth.

 

Migration agents are over rated. Prepare your file carefully. Save money. Best of luck.

Adios

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