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Posted by on in Migration Agents
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Changes to ENS/RSMS from 1 July 2014

The following information has been provided by the Business Innovation, Occupation and Employer Sponsor Policy Section.

 
Dear registered migration agent

Changes to ENS/RSMS from 1 July 2014


On 1 July 2014 the Regulation 5.19 PAM3 which provides policy advice concerning the Employer Nomination Scheme (ENS) (subclass 186) and Regional Sponsored Migration Scheme (RSMS)(subclass 187) nomination legislation will be updated.  A major change to the provided policy advice will be the alterations made to the requirements under the Temporary Residence Transition stream when demonstrating two years’ work with the same employer.  The department has determined that the previous policy which utilised section 50AAA of the Corporations Act 2001 was too restrictive, particularly where businesses have undergone change in the form of restructures, takeovers and sales.
 
As a result, the department has determined that on 1 July 2014 policy advice will be updated and will instead read as is attached to this email.  Please note that the Regulation 5.19 PAM3 excerpts attached will not be published on LEGEND until 1 July 2014 and will therefore only come into effect from 1 July 2014.  The updated policy advice will apply to all applications on hand at 1 July 2014, as well as all applications lodged from this date onwards.
 
Should there be any further questions on this issue, please direct them through the ‘Permanent Employer Sponsored Visas’ channel available in the Registered migration agents enquiry and feedback form on the Agents Gateway: http://www.immi.gov.au/gateways/agents/contact/feedback/
 
Kind regards
 
Business Innovation, Occupation and Employer Sponsored Policy Section
Migration and Citizenship Policy Division
Department of Immigration and Border Protection

 

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Comments

  • Guest
    Kevin Monday, 09 March 2015

    Hey June.
    I just applied. How long did it take for yours to come through after your application

  • Guest
    andy Friday, 18 July 2014

    hi my name is andy, im applying for rsms visa in jan 2015.i just start m,y job as a cook in an restaurent but i dont hv any prior experience.i hv 6each in ielts and diploma of hospitality.my question is what should i do if the immigration ask me for two year experience.pls reply im worried thx in advance.............

  • Guest
    Sukhpreet Sunday, 20 July 2014

    Hiiii my name Sukhpreet I had apply rsms on 23 June with nomination and file together is it affect me new rule after 1 July as I dot not show my 2 year experience let me ple thx

  • Guest
    Piña Thursday, 24 July 2014

    Hi
    What's change rules let me because I had change employer before 4 months now new owner bought shop he did nomination again for me same place and different employer when I can apply ens because finish my 2 years in November
    You say start from new end so apply ens yes or no

  • Guest
    prince Friday, 01 August 2014

    hi...i lodged my 187 back in dec 2014...unfortunatly c/o refused my file because she says that i don"t satisfy 2 years experience policy...she applied the policy in my case though she don"t have to...immigration can do anything they want don"t trust them...its all about luck...spoiled my future,money and time.

  • Guest
    prince Friday, 01 August 2014

    sorry it was in 2012 not 2014

  • Guest
    kaul Friday, 12 September 2014

    hi, my name is kaul , currently on a 457 visa as a customer service manager, in january 2015 my two years will be completed on 457 visa, then will i be eligible for ENS and if any changes in ENS CSOL in these upcoming months like position removes or another will they impliment straightway or will there be period of weeks , months given so we can lodge file who are close to complete 2 years .

  • Guest
    sandeep Saturday, 13 September 2014

    how old the abn must be before business can nommine the sponser?

  • Guest
    Attinderjitsingh@yahoo.com Monday, 13 October 2014

    Hi everyone, I'm working as a restaurent manager from last 6 weeks nd my employer want to sponsor me for RSMS visa. But he can sponsor me from his another new restaurent which is recently opened. His company is more than a year old. My question is can he sponsor me right now or I hv to wait for 6 months

  • Guest
    sagar Sunday, 19 October 2014

    Hi my name is sagar ; i worked 3 yrs on 457 visa n now same employer changed sole trader business into trustee company.now abn is changed.do i still can apply pr .

  • Guest
    Sam Monday, 08 December 2014

    Hi I'm applied 186 visa in October 2014.im worried for the processing times.if anyone can help me with avarage processing times for this visa?still didn't hear anything from immigration?

  • Guest
    Pina Tuesday, 09 December 2014

    Hi I am Pina I have big problem previous owner sold business on July 2012 but I apply 457 on previous owner I got visa on November 2012 and new owner give me salary same on contract base but I did new owner nomination later may 2014 my 2 years start after May 2014 but now law change I can apply ENS on December 2014 but I think happen any problems previous owner not give me salary so give advice what I do apply this years or need to wait next 2 years
    Thx

  • Guest
    Sam Tuesday, 09 December 2014

    Your question is not clear.i think to apply ens 186 visa you have work 2years with the same owner.as this is a temporary transition steam you have to work 2 years with one owner.in this 2years you can have 8 weeks paid annual leave.

  • Liana - Allan
    Liana - Allan Tuesday, 09 December 2014

    Email help@migrationalliance.com.au if you need specific help

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