Am I interpreting booklet 5 correctly?
Dec 14th 2004, 12:07 am
#1
"Goodbye Circus!"
Thread Starter
Joined: Nov 2004
Location: Oxfordshire
Posts: 77
Am I interpreting booklet 5 correctly?
Hi, the company that has offered my husband his job has said that they are happy to go with RSMS visa.
The job does not require a diploma or higher qualification. But my husband has the training and experience behind him. We are hoping he can apply as an 'exceptional' case? But....
In the booklet it says that it can be considered if his occupation has a skill level requirement of AQF II, i.e. within major groups 5-7. My husbands nominated occupation is in major group 4 and is a equivalent to AQF III. It is worth 60 on the SOL. He is getting his skills assessed by TRA at the moment.
And the booklet says "the nominee has has filled the position while on a subclass 457 visa (during a period at least 2 years prior to the nomination being submitted)" What does this mean exactly?? Can he apply under this category or not?
Many thanks
Fairgoes
The job does not require a diploma or higher qualification. But my husband has the training and experience behind him. We are hoping he can apply as an 'exceptional' case? But....
In the booklet it says that it can be considered if his occupation has a skill level requirement of AQF II, i.e. within major groups 5-7. My husbands nominated occupation is in major group 4 and is a equivalent to AQF III. It is worth 60 on the SOL. He is getting his skills assessed by TRA at the moment.
And the booklet says "the nominee has has filled the position while on a subclass 457 visa (during a period at least 2 years prior to the nomination being submitted)" What does this mean exactly?? Can he apply under this category or not?
Many thanks
Fairgoes
Dec 14th 2004, 7:18 am
#2
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Joined: Apr 2004
Posts: 401
Re: Am I interpreting booklet 5 correctly?
I am doing this right now, have been approved by DIMIA Perth and had meds and PC's requested.
Your husband can be nominated by a company in "regional" Australia if the company can basically prove to the Regional Certifying Body that they are struggling to fill the position.
Your husband "may" not need TRA if he has qualifications relevent to the job of diploma level or higher (trade papers are classed as "or higher")
The 457 clause does not apply to your husband because he has not been there and doing the job on a 457 visa which is a temp 4 year visa. your husband can only be nominated if he has a skill level of 1-4, which he has.
What I am saying is "yes" go for it, dont wait for TRA you may not need it, get your employer to fill in form 1054 and send it off to the Regional Certifying body for approval, then they will get it back signed off, they must then send it off to the local DIMIA Business Centre for the Nomination Approval Letter, then its your turn, DIMIA London will ask you for a completed form 47ES meds and pc's and the fee, get this back to London and between two and four weeks you will have a visa, the only stumbling block I can see is if your husband qualifications don't match the job ??
Also does you husband have the qualifications or is he claiming to be skilled by experiance as opposed to having formal qualifications, if this is the case then he does need to be assesed by TRA, then its up to DIMIA and you do need to apply as exceptional, I would also seek the advise of a good agent, Alan Collett of Go Matilda comes highly recomended, RSMS can be tricky if you have to go the "Exceptional" route.
Druid
Your husband can be nominated by a company in "regional" Australia if the company can basically prove to the Regional Certifying Body that they are struggling to fill the position.
Your husband "may" not need TRA if he has qualifications relevent to the job of diploma level or higher (trade papers are classed as "or higher")
The 457 clause does not apply to your husband because he has not been there and doing the job on a 457 visa which is a temp 4 year visa. your husband can only be nominated if he has a skill level of 1-4, which he has.
What I am saying is "yes" go for it, dont wait for TRA you may not need it, get your employer to fill in form 1054 and send it off to the Regional Certifying body for approval, then they will get it back signed off, they must then send it off to the local DIMIA Business Centre for the Nomination Approval Letter, then its your turn, DIMIA London will ask you for a completed form 47ES meds and pc's and the fee, get this back to London and between two and four weeks you will have a visa, the only stumbling block I can see is if your husband qualifications don't match the job ??
Also does you husband have the qualifications or is he claiming to be skilled by experiance as opposed to having formal qualifications, if this is the case then he does need to be assesed by TRA, then its up to DIMIA and you do need to apply as exceptional, I would also seek the advise of a good agent, Alan Collett of Go Matilda comes highly recomended, RSMS can be tricky if you have to go the "Exceptional" route.
Druid
Originally Posted by fairgoes
Hi, the company that has offered my husband his job has said that they are happy to go with RSMS visa.
The job does not require a diploma or higher qualification. But my husband has the training and experience behind him. We are hoping he can apply as an 'exceptional' case? But....
In the booklet it says that it can be considered if his occupation has a skill level requirement of AQF II, i.e. within major groups 5-7. My husbands nominated occupation is in major group 4 and is a equivalent to AQF III. It is worth 60 on the SOL. He is getting his skills assessed by TRA at the moment.
And the booklet says "the nominee has has filled the position while on a subclass 457 visa (during a period at least 2 years prior to the nomination being submitted)" What does this mean exactly?? Can he apply under this category or not?
Many thanks
Fairgoes
The job does not require a diploma or higher qualification. But my husband has the training and experience behind him. We are hoping he can apply as an 'exceptional' case? But....
In the booklet it says that it can be considered if his occupation has a skill level requirement of AQF II, i.e. within major groups 5-7. My husbands nominated occupation is in major group 4 and is a equivalent to AQF III. It is worth 60 on the SOL. He is getting his skills assessed by TRA at the moment.
And the booklet says "the nominee has has filled the position while on a subclass 457 visa (during a period at least 2 years prior to the nomination being submitted)" What does this mean exactly?? Can he apply under this category or not?
Many thanks
Fairgoes
Dec 14th 2004, 8:25 am
#3
"Goodbye Circus!"
Thread Starter
Joined: Nov 2004
Location: Oxfordshire
Posts: 77
Re: Am I interpreting booklet 5 correctly?
My husband's job is a digital photocopier engineer. And does not have an "apprenticeship" as such, but rather training in the form of manufacturers training on specific models of machines plus being skilled by experience. We feel that he will probably need his skills assessed. The occupation on the SOL that he is applying under is the Business Machine Mechanic, but his skills are actually alot higher than those on the description for this.
But what would happen if the employer sent off the form 1054 to the Regional Certifying Body. Would they not then tell the employer if he would need a skills assessment too?
We just don't want to waste time going through TRA assessment if it is not necessary. You know what I mean about this hey! We will definitely get advise from an agent on this.
Congrats on getting this far. Lots of luck for the rest of your application.
But what would happen if the employer sent off the form 1054 to the Regional Certifying Body. Would they not then tell the employer if he would need a skills assessment too?
We just don't want to waste time going through TRA assessment if it is not necessary. You know what I mean about this hey! We will definitely get advise from an agent on this.
Congrats on getting this far. Lots of luck for the rest of your application.
Dec 14th 2004, 9:22 am
#4
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Joined: Apr 2004
Posts: 401
Re: Am I interpreting booklet 5 correctly?
Originally Posted by fairgoes
My husband's job is a digital photocopier engineer. And does not have an "apprenticeship" as such, but rather training in the form of manufacturers training on specific models of machines plus being skilled by experience. We feel that he will probably need his skills assessed. The occupation on the SOL that he is applying under is the Business Machine Mechanic, but his skills are actually alot higher than those on the description for this.
But what would happen if the employer sent off the form 1054 to the Regional Certifying Body. Would they not then tell the employer if he would need a skills assessment too?
We just don't want to waste time going through TRA assessment if it is not necessary. You know what I mean about this hey! We will definitely get advise from an agent on this.
Congrats on getting this far. Lots of luck for the rest of your application.
But what would happen if the employer sent off the form 1054 to the Regional Certifying Body. Would they not then tell the employer if he would need a skills assessment too?
We just don't want to waste time going through TRA assessment if it is not necessary. You know what I mean about this hey! We will definitely get advise from an agent on this.
Congrats on getting this far. Lots of luck for the rest of your application.
I dont think, in fact I am pretty sure it is not up to the regional certifying body to decide if he needs TRA, the regional certifying body are signing up to assure DIMIA that there is a problem finding suitable applicants for jobs and your hubby will fit the bill, Its worth while doing as stage two is with DIMIA and getting the Nomination Approval Letter, If you need TRA I think this is the time you will find out, you have nothing too lose, so what if the whole process gets put on ice while you get TRA sorted out, I also have the two pronged approach at the moment, 1 I am sorting out TRA as I failed on the first try and 2 I am pushing RSMS, I have trade qualifications apprenticeship etc so far I have not been asked for TRA.
The worst that can happen is that the Regional Certifying body reject the nomination application on the grounds that your hubby does not have "Diploma level or higher qualifications", then you would have to re-apply as "exceptional" with TRA, then you would be well advised to go with an agent that knows RSMS, remember it is an odd ball visa and most agents dont deal with it, it would be a learning curve for both of you at your expense. Be warned !!
My agent made a complete arse of themselves over the phone with me, my employer and I are dealing with it direct, although I paid an agent to get me a Skilled independant 136 visa that was 11 months ago and I havn't even passed TRA yet !!!!!!!!
Dec 14th 2004, 2:06 pm
#5
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Joined: Apr 2004
Posts: 34,649
Re: Am I interpreting booklet 5 correctly?
Originally Posted by fairgoes
Hi, the company that has offered my husband his job has said that they are happy to go with RSMS visa.
The job does not require a diploma or higher qualification. But my husband has the training and experience behind him. We are hoping he can apply as an 'exceptional' case? But....
In the booklet it says that it can be considered if his occupation has a skill level requirement of AQF II, i.e. within major groups 5-7. My husbands nominated occupation is in major group 4 and is a equivalent to AQF III. It is worth 60 on the SOL. He is getting his skills assessed by TRA at the moment.
The job does not require a diploma or higher qualification. But my husband has the training and experience behind him. We are hoping he can apply as an 'exceptional' case? But....
In the booklet it says that it can be considered if his occupation has a skill level requirement of AQF II, i.e. within major groups 5-7. My husbands nominated occupation is in major group 4 and is a equivalent to AQF III. It is worth 60 on the SOL. He is getting his skills assessed by TRA at the moment.
Jeremy
