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RSMS: 2 year work experience requirement removed
THE DIBP have updated their policy as a result of the MRT finding that their policy did not meet the purpose of the legislative requirement. To quote the decision as follows
"The Tribunal is persuaded by the applicant’s submission that the new policy adopted on 15 May 2013 goes beyond the scope of the relevant Regulations. The Tribunal notes the applicant’s submission that the purpose of policy is to annotate the relevant legislation, and as aforementioned, the Tribunal has exercised care in applying PAM such that it is not raised to the level of a legislative requirement."
A full copy of the decision which influenced this policy change is here.
In sum, the two year mandatory work experience has been removed.
As a result, graduates from the international VET sector no longer require two years full time work experience to apply for a RSMS if they hold a Certificate IV qualification or above.
Mark Glazbrook states:
"Instead, an applicant's required level of experience is determined by their relevant ANZSCO classification rating - which is specific to their occupation - as it was prior to the policy change in August 2013. The change follows a recent MRT case which saw a permanent residency visa refusal successfully overturned by Migration Solutions based on the requirement. "This is the biggest change to RSMS policy for a long time," said Migration Solutions Managing Director, Mark Glazbrook. "
"The two-year work experience requirement was an unnecessary requirement that prevented a number of genuine visa applicants from attaining permanent residency in low population growth areas such as South Australia.
"The change is an extremely positive measure that will benefit thousands of international students and local businesses."
A copy of the policy changes are found below.
30.1 Qualifications and work experience
187.234(c)
Qualifications
If the applicant is not exempted and is not nominated for a trade occupation specified in the relevant legislative instrument, they must demonstrate that they have qualifications listed in ANZSCO as being necessary to perform the tasks of the occupation. For exceptions, see 30.4 Policy exemptions.
If the applicant relies on an overseas qualification to meet the skill requirement, under policy they should be required to provide appropriate documentary evidence of the qualifications claimed.
Officers must assess whether the qualification is equivalent to the corresponding Australian standard and is relevant to the occupation. Officers may use the AEI-NOOSR Country Education profile to verify claims of equivalence. If they believe the genuineness of qualifications claimed needs to be tested, they may refer relevant documentation to the appropriate overseas post for verification, under established case referral procedures. See PAM3: GenGuideA - Global working - Output 1.1 - Case referral management.
On-the-job training
The following are considered to be equivalent:
an Australian Certificate III obtained with 2 years of on-the-job training
an Australian Certificate III obtained without the on-the-job training, provided the holder has 2 years of post-qualification work experience.
(The exception is an Australian Certificate III issued following a short course and/or supported by claims of 2 years of overseas on-the-job training (‘Recognised Prior Learning’ - RPL) does not fulfil the requirement, unless 2 years of post-qualification work experience in Australia can be demonstrated.)
The fundamental premise is that the ANZSCO requirement of a Certificate III with at least 2 years on-the-job training relates to circumstances where the qualification is obtained in Australia as part of an apprenticeship or formal training program; in other words, the on-the-job training must be part of the process in obtaining the qualification. If this is not the case, the policy position is that the person must have 2 years of post-qualification work experience.
If the course towards the qualification was not a full 2 years, including on-the-job training (which can be taken to be a mixture of practical apprenticeship work and formal schooling with a combined full-time “value” of not less than 35 hours a week), this course cannot meet the requirement. Thus, if a cookery course that gave a certain qualification was only of short duration, then whatever the course participant did around this course (for example, 20 hours a week of work experience) will not meet the 2 year on-the-job training requirement. It is for such courses that do not include formal apprenticeships (or where the 2 years of on-the-job training cannot be met) that the 2 years of post-qualifications work experience will be required.
Alternatively, provided the ANZSCO framework (indicative skill level) allows for this, the person may demonstrate 3 years of relevant experience in lieu of the formal qualification.
If the above requirement of two years of post-qualification experience or 3 years of relevant experience relates to part-time work arrangements, case officers will need to be satisfied that the part-time work undertaken was at the appropriate skill level and is equivalent to a full-time work load of 2 years (at 35 hours per week). Also see under Work experience.
Work experience
The ANZSCO framework provides that for certain occupations, a specific number of years of relevant experience may substitute for the formal qualifications.
If the applicant is relying on Australian or overseas work experience to meet the skill requirement, officers must assess whether the work experience is relevant and equates to the corresponding formal qualification. The applicant may be required to submit verifiable evidence of previous work experience including appropriate references from previous employers.
The ANZSCO dictionary provides guidelines on equivalence of relevant work experience that should be applied in assessing skills based on work experience. As an example, the ANZSCO dictionary equates 3 years of relevant work experience to a formal AQF qualification for occupations at ANZSCO skill level 2.
RSMS recognises that in addition to full-time work there now exists a range of variable employment arrangements. Citizens of numerous countries depend on multiple income earning strategies to make a living. In Australia, part-time work arrangements and variable working hours are increasingly common. This will impact on how work experience is calculated. If work experience is to be expressed in full-time terms, then for part-time workers this can be calculated pro-rata. This means that if the requirement is for 3 years of relevant full-time work experience, then where part-time work is at 50% of a full-time load, the applicant must be able to demonstrate they have worked in that occupation on a part-time basis for 6 years. If officers believe that claims of overseas work experience need to be tested, they may refer relevant work references to the appropriate overseas post for verification, under established case referral procedures. See PAM3: GenGuideA - Global working - Output 1.1 - Case referral management.
Voluntary work experience
Time spent volunteering would not generally be considered towards a visa applicant’s work experience as evidence of their skills.
The reasons for this include:
- as there has been no remuneration, there would be heavy reliance on the information provided by the referees that the work was undertaken and at the appropriate skill level
- due to the absence of formal records by way of payslips or formal contracts of employment, there would be limited quantifiable evidence of hours worked
- if volunteer work has been undertaken to the level expected of full time equivalent, the applicant would need to have been working in paid employment in order to support themselves during this time, meaning that their formal paid skills are concentrated in other areas
- ANZSCO defines “job” as tasks performed by one person for an employer (including self-employment) in return for payment or profit.
If applicants seek to have their unpaid volunteer work considered, they may wish to consider seeking a skills assessment or pursuing a permanent pathway via the UC-457 visa program as this would ensure that they are sufficiently skilled for the position and have the appropriate experience.
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.
The particular circumstances of each application will be assessed and finally determined on a case-by-case basis by the delegate. When making their assessment, case officers must be mindful that the qualifications and experience of the applicant must be relevant to the tasks to be performed in the nominated occupation.
Comments
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Thursday, 26 February 2015Does this ruling has wider applications?
"The Tribunal is persuaded by the applicant’s submission that the new policy adopted on 15 May 2013 goes beyond the scope of the relevant Regulations. The Tribunal notes the applicant’s submission that the purpose of policy is to annotate the relevant legislation, and as aforementioned, the Tribunal has exercised care in applying PAM such that it is not raised to the level of a legislative requirement."
I have had concern that the allocation of points for years of work experience is inclusive of any requirement for work experience required for skills assessment, not exclusive.
The Skill Assessment Authorities have recently added a number of years work experience before the will assess a persons skills as being positive. VETASSESS in particular have argued that for a person to secure point for 8 years work experience they must have 9 years work experience One year for qualification plus eight year for points.
There is a difference in Skills assessment vs Skilled Work experience.
When is a person qualified to commence Skilled work. Is the one year Work requirement inclusive or exclusive when calculating points?
If a person holds a degree which permits them to work in a profession the clock for Points allocation should start at the commencement of the first year not the second or third year.
Th allocation of points for work experience is inclusive not exclusive of the requirement to add years to the skill assessment.
If the Government wants to increase the number of years required before points are allocated they need to change the regulations pertaining to points not Skill Assessment policy.
Shifting the gold post in the allocation of points as is the case with ACS by adding years of Skilled employment to the Skills assessment. -
Friday, 27 February 2015
But we still need each band 6 to get skill assessment , don't we?
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Friday, 27 February 2015
We lodged one of these (our client insisted, I think he needed a medicare card) and then withdrew on the advise of the department. I wonder if thet will look at a refund.
Worth a try I think. -
Friday, 27 February 2015
How to apply
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Wednesday, 04 March 2015
How about the english IELTs test? Still 6.0 each???
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Wednesday, 17 June 2015
Is there possible in changing english ielts requirements for RSMS? I have 6.5 in writing 6 in listening 6.5 in speaking reading in 5 .can I apply for RSMs.
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Saturday, 17 September 2016
Hi, I wants to apply for RSMS. I am going to get my Diploma certificate from RPL. I dont have any paid experience. So when i will lodge my file in DIBP do in need to submit the my experience related nominated position?
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Thursday, 25 May 2017
you need paid experience of 2 years in full time basis.
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Wednesday, 01 February 2017
You don't need to show your experience for RSMS. You can show the unpaid voluntary experience as well.
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Thursday, 10 November 2016
Hi i got certificate 3 in cookery if i get rpl certificate 4 .then i ll able to apply rsms visa . Because i got 6 each in ielts . I have 1 year paid experience in my field. Plz let me know what i need to do.
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Wednesday, 21 December 2016
I. Ha e done hospitality management and commercial cookery diploma from Holmes college Brisbane Australia
But now ii am in imdia. I done it in 2007 to 2009.can I still apply -
Monday, 30 January 2017
Hi there jst wandering,my friend applied for rsms and he s jst want to know
That how much financial ll be enough for two person one manager and
One cook his owner jst gave the financial around $215000 so it should be enough
Or not
thanks in advance -
Wednesday, 01 February 2017
That should be enough for RSMS
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Wednesday, 01 February 2017
Hi I have got RCB on 24/10/2017 so I wants to know how much time can DIBP take for nomination. I have lodge RCB, nomination and visa all together on 14/10/2016. Is there anyone applied in that period.
Thanks -
Saturday, 25 February 2017
Hi there
We applied for selfsponsorship in RSMS visa as dressmaker . I want to know that we lodge our application on 23/11/2016 and we started our business in 1/07/2016 then from when I should show myself being a paid employee as startup business growth was slow. If i will pay my self from November will be ok for my visa application ? second most important thing about work experience i has overseas qualifications in fashion design and 3 year full time overseas work experience and 3 year part time austrailian work experience. In india i was self employed I run my boutique where i made dresses by myself.could you please give me information that what are the supporting documents is necessary to submit.
This will be a big help for me.
Please reply.
Thanks méenu -
Wednesday, 28 June 2017
Hi there.. i work here in Australia and my contract is only 2years. . I have a chance to get
permanent resident visa? And how? -
Friday, 02 March 2018
Hi i have completed my civil construction engineering draftperson but i dont have any experience so can i still apply for the permanent residency or its still compulsory to have atleast one year of relevant experience in that field?
Immigration blog
Very Good news....!