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Immigration Daily News Recent changes to ENS lodgement and TRNs: Response from DIBPAustralian Immigration Daily News
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Recent changes to ENS lodgement and TRNs: Response from DIBP
An RMA sent the following in to Migration Alliance and we sent it in to the DIBP:
"I would like to bring a couple of issues to your attention which I hope you can assist with:
Recent changes with ENS lodgement
- As I am sure you are aware, DIBP has recently changed the elodge system for ENS. Under the new system, the visa application can not even be drafted in the system, until the associated Nomination application has been lodged and acknowledged. This is a huge hassle for agents as it means that we must first lodge the nomination and receive the acknowledgment before we can even start preparing the visa application on line.
- I am unsure why DIBP thought this necessary. I can not imagine too many Registered Agents were lodging visa applications without first having lodged a Nomination.
- Is it possible for MA to lobby DIBP to make the system more user friendly. The least they could do is to leave the nomination verification process as the last question prior to lodgement of the visa application, so that we can at least load the visa in the system."
The response from the Director, Digital Services and Transactions Section, Global Network Operations, Department of Immigration and Border Protection as follows:
The completed nomination needs to be submitted and the nomination fee paid (where applicable) for the TRN to be validated in our IT systems. Once validated, the TRN can be used in page 2 of the ENS/RSMS eLodgement visa application form. This is a mandatory field which requires the validated TRN before you can progress. This was previously possible via any random number which represented an integrity risk to the programme.
You can still complete the visa application form as a draft for perusal by your client before submitting, but it will require the validated TRN for you to get to the end of the form. Similarly, you can still complete the eLodgement nomination form before submitting, but if you want your nominating client to peruse this prior to submission, then this must happen as a separate process and before you can complete the visa application form.
The above validation and linking via TRN of the nomination and the visa application was always the intention when eLodgement came into effect on 1 July 2012. Projected systems enhancements have now implemented this feature as part of ongoing programme integrity measures
Changes from 22 November 2014
Subclasses 186 (Employer Nomination Scheme-ENS) and 187 (Regional Sponsored Migration Scheme-RSMS) visas
The Department of Immigration and Border Protection (the Department) is introducing changes on 22 November 2014 to the electronic lodgement of employer nomination and visa application eForms for subclasses 186 (Employer Nomination Scheme-ENS) and 187 (Regional Sponsored Migration Scheme-RSMS) visas . This change reflects the requirements in paragraph 5.19(2)(a) of the Migration Regulations 1994 (Regulations) and paragraphs 1114B(1), 1114B(3)(a), 1114C (3)(a) and subitem 1114C(1) of Schedule 1 to the Regulations, and as contained in the Policy Advice Manual (PAM) 5.19, section 3.1; PAM 186, section 4; and PAM 187, section 4.
The process from 22 November 2014 for lodging employer nominations for subclass 186 and 187 visas via eForms will require the Transaction Reference Number (TRN) be entered in order for the nomination to be validated in the Department’s online lodgement system, ImmiAccount. This must occur before the visa applicant can continue to lodge using the eForm. If the validation of the employer nomination fails then the visa applicant will not be able to lodge a visa application until the TRN for the employer nomination has been validated.
The requirement for an applicant to provide a TRN for the nomination in the eForm means that an employer nomination and a visa application eForm cannot be lodged at the same time after 22 November 2014. An Employer nomination eForm must always be successfully lodged and the nomination paid for before the visa applicant can complete their application to satisfy the criteria of paragraph 5.19(2)(a) of the Regulations (employer nomination eForm 1395), 1114B and 1114C (visa application eForm 1408).
Student and 457 applications via ImmiAccount
From 22 November, system improvements will take effect that may reduce the delays experienced by some users, including 457 and student visa applicants, when attaching documents to applications via ImmiAccount. Currently there can be a delay between the time when an application is submitted and the time when it is possible to upload attachments related to the submitted application.
Comments
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Wednesday, 10 December 2014I'm so confused because if you first draft the nomination, my immi account is still letting me use the TRN (draft only) of the nom and then move onto the draft application. Are agents not having this happen? Its working fine for me?
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Wednesday, 10 December 2014
Hi Liana,
On a Similar topic, the current RSMS policy-PAM3- is clearly contradicting the Regulations, Reg 187.234 requires the applicant to provide a suitable skill assessment unless the applicants had obtained the necessary relevant qualification in Australia,
Most skill level 3 occupations will requires a AQF Certificate III including at least two years of on-the-job training, or AQF Certificate IV (ANZSCO Skill Level 3).
One may note that the ANZSCO specified AQF Certificate IV with no work experience attached to it, however DIBP’s Policy in Item 30.2 reads as follows:
“30.2 AQF Certificate III, IV and Diploma qualifications
If the applicant relies on an Australian qualification, that qualification must be as specified within the ANZSCO framework for that occupation. For example, if the nominated position were that of a cook (ANZSCO 351411), the applicant must:
• hold a relevant AQF Certificate IV or
• hold a relevant AQF Certificate III including at least two years of on the job training or
• have at least 3 years of relevant experience.
If the Certificate III was obtained without the formal on-the-job training component, to satisfy the skill requirement the applicant must have at least 2 years post-qualification experience, obtained on a full time basis or its part-time equivalent. The 2 years of post-qualification experience is taken to be equal to the on-the-job training component. This is to ensure that the qualification is relevant to the tasks of the occupation and that the applicant indeed has the practical skills required to perform the task of the occupation.
Under ANZSCO, there is no requirement of 2 years of on-the-job training for Certificate IV qualifications. However, under policy, if:
• higher level Certificate IV and Diploma qualifications essentially consist of Certificate III units and
• these higher level courses do not provide for 2 years of on-the job training that should have been part of these Certificate III course units
such Certificate IV and Diploma qualifications cannot substitute for the Certificate III requirement of 2 years of on-the-job training.
That is, if Certificate IV and Diploma qualifications largely consist of practical Certificate III units, then these higher Certificate IV and Diploma qualifications must also include 2 years of relevant on-the-job training or, in the absence of these, require 2 years of relevant post-qualifications experience:
• This only applies if the Certificate III course units did not include the appropriate amount of on-the-job training and completion of such a higher qualification could be used to circumvent the practical work component that should come with proper Certificate III courses.
• If Certificate IV or Diploma qualifications are based on a completed Certificate III qualification that has satisfied the relevant on-the-job training requirement, there is no further requirement that Certificate IV and Diploma qualifications demonstrate completion of relevant on-the-job training, as this requirement has been satisfied as part of the Certificate III qualification.
It should be stressed that not necessarily the highest qualification is relevant, but the qualification that aligns with the skills required to perform the tasks of the position. This is what is meant where 187.234(c) states that ‘the applicant had the qualifications listed in ANZSCO as being necessary to perform the tasks of the occupation’. Using a Certificate IV to get around the practical experience required for a position that essentially concerns Certificate III skills, when that practical experience was not a part of the Certificate III course units or qualification, the policy position must be that the same post-qualification experience for the Certificate IV is required as would be the case for a Certificate III qualification.”
I have received a letter from an office stats the following “SKILL
Evidence of relevant qualifications and experience
Reg 187.234(c) requires that (you) the applicant, ‘had the qualifications, listed in ANZSCO as being necessary to perform the tasks of the occupation”.
According to the ANZSCO dictionary, Pastrycook 351112 is a skill level 3 occupation, that requires a AQF Certificate III including at least two years of on-the-job training, or AQF Certificate IV (ANZSCO Skill Level 3). Please note that at least two years of on-the-job training or post-qualification work experience is required regardless of the level of qualification.”
Despite the fact that ANZSCO dictionary did not impose any on the job training for Cert IV, and
The fact that the AQF Cert III that is obtained through the Apprenticeship or the traineeship that has the on-the-job training component is only available to Australia permanent resident, and
The fact that the AQF system does not Differentiate between Cert III “completed Certificate III qualification” that is awarded to the Australian Permanent Resident through the Apprenticeship and the Cert III awarded to the overseas student “did not include the appropriate amount of on-the-job training”, and
The fact that Cert IV is an acceptable qualification for all skill level 3 occupation under the 457 program,
Most importantly the fact that the MRT has started to remit the applications back to DIBP for reconsideration, please refer to 1317386 [2014] MRTA 1706 (21 July 2014) http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/MRTA/2014/1706.html?stem=0&synonyms=0&query=MRTA%201706
There is no doubt that this bad policy will not stand a chance with any MRT member, the clear wording of the Regulations contradict the written policy of the department.
My question is: what can be done to change this bad policy and save our clients and ourselves the time on the costs of going to the MRT and get remitted back to the department?, How can we change this bad policy?
Thanks for your help -
Tuesday, 26 May 2015
After lodging 186 nomination and visa both application. .till how many days i can upload the company financial documents?? My Visa application is decision ready though.
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Saturday, 05 August 2017
Hi ,
I am an Australian PR, based in Melbourne. I recently got married and my wife is in Pakistan. We are starting process for dependent visa for partner (category 309).
Applicant (my wife) has filled her application completely, and submitted her application. As we can see, right from we begin filling applicant form for 309, TRN no starting with E******* appears on top.
using this TRN no of my wife application, i started to fill form 40sp (sponsor form for dependant partner). I entered the TRN no i got from my wife application, entered my passport details, grant details etc, all correctly, and i see below error :
AN ERROR HAS OCCURED.
THE RELATED APPLICATION DETAILS PROVIDED CANNOT BE VERIFIED, CHECK THE DETAILS AND AMEND IF NECESSARY. APPLICANT WILL NOT BE ABLE TO CONTINUE AND SHOULD REVIEW ELIGIBILITY INFORMATION ON OUR WEBSITE.
This concerns me immensely. i have accurately entered all the information that i have and i encountered this. As my partner application , fees and documents already been submitted.
Any helps, pointer will be greatly appreciated.
Immigration blog
Thanks Liana for broaching this issue with the Department.
What an absolute cop out of an answer from DIBP. It completely avoids the issue.
"You can still complete the visa application form as a draft for perusal by your client before submitting, but it will require the validated TRN for you to get to the end of the form."
That is the whole point. We cannot prepare a draft of the visa application until the nomination has been lodged and validated. You can only get to stage 4 out of 19 of the form before it stops you with the message ”The associated nomination details provided cannot be verified, check the details with the employer and amend if necessary. The applicant will not be able to continue.”
This is a slow, cumbersome and unnecessary system.
If they simply put the nomination validation question at the end of the visa form, it would still achieve their desired result of stopping visa lodgement without a valid nomination. At the same time it would allow Agents to prepare a draft of the visa application without having to first lodge and validate the nomination.
How can we obtain a sensible resolution to this issue? It is not that hard, it only requires a common sense approach.