shella_n

Hi
We have been offered a 457 and we have asked our employer about RSMS for obvious reasons. He is willing to look into it but he wants us there by June as thats when his sponsorship approval expires.

So, this brings up a couple of questions for me:

1) Can he apply for 457 and RSMS for us at the same time so that if RSMS is declined we can still go on the 457

2) If we get the 457 visa would we have to be there before June when his approval expires or would we be able to go after that as we already had the visa?

3) He has asked us to gather some info on the RSMS and im just wondering if anyone knows what is entailed when the business is assessed by the Regional Certifying Body - what does the business have to prove and how long does that part of the proces take (the business is in SA)

Thanks so much

Michelle

Ozwanderer

I'm not sure on DIAC accepting a RSMS application if they have already approved a 457 for the one position but if your employer is prepared to have a look at the RSMS, he needs to assess whether he and the position are eligible in the first place and it could be possible though an applicant can only hold one visa at any one time and the same may apply with an employer.
Good question for an agent or DIAC.
You likewise need to check your own eligibility for the RSMS too as it is different.
http://www.immi.gov.au/skilled/skill...sa-options.htm

Under 457 eligibility for position nominated, you'll see it has a validity period of 12 months and so if his 12 months is up in June, it could be use it or lose it.

I think re the Regional Certifying Body, you could find they'll be checking that the business is a going concern and meeting whatever requirements DIAC have listed in eligibility.
It'll be good for you to have a thorough read of all sections of both the 457 and RSMS.

You probably have time to consider the RSMS eligibility and get approval by June or if eligibility is not there, still go for the 457.

JAJ

The RCB makes up its own requirements. It may be simpler to do ENS.

shella_n

Hi
Thanks for your replies.
I think it might be time to employ an agent to guide us through this minefield!

Michelle

Alan Collett

Jeremy's point is a valid one. Consider an ENS application as:

1. RCBs can have their own particularly burdensome requirements (some appear to think they should be the one choosing the new employee, rather than the employer).

2. ENS applications lodged in Melbourne (which oversees applications from employers in SA) are being assessed to visa grant quickly at the moment, by which I mean a couple of weeks the last time we had one through the system (last month).

Recognise though that you may also have to factor in a timeline for a migration skills assessment.

Best regards.

shella_n

Thanks Alan

We have prepared a TRA application (which we have been doing for some time) but there is a risk we could fail as my husbands work history is quite complex. We were worried that if we failed the TRA it may adversely affect our 457 aplication.

The employer is very nervous of all the recent changes and wants us to get a 457 ASAP as this is a known quantity for them. If we got the 457 and then go a positive skillls assesment could we change to ENS before leaving UK?

Thanks

Alan Collett

Yes, that is likely to be do-able.

Remember that if you lodge an offshore ENS/RSMS you will have to be offshore at the time of visa grant.

Best regards.

steward

[QUOTE=Alan Collett;8369480]Jeremy's point is a valid one. Consider an ENS application as:

Hello Alan,

I have applied RSMS in melboure paper base on 25th august,2009.I called my Co and he said your all done waiting for Character assesment and he send it agency on september,09.I am from HR county.

Can You please tell me how long it might me take...

Thanks

Alan Collett

No idea - why do you think I would know?

Would you like me to tell you the number of the winning numbers in next weekend's lottery as well ...?

Best regards.

steward

hahaha