Australian Immigration Daily News

One of our latest cases regarding the topic of licensing, registration and membership involved an individual who was in the process of applying for his Temporary Residence Transition (TRT) stream under the ENS (subclass 186 scheme).

The applicant duly fulfilled his obligatory two (2) years of employment with the employer and was eligible for the ENS TRT permanent residence visa. However the process was not as straightforward as it should have been.

The applicant was sponsored by a telecommunications company under the subclass 457 visa in 2013 under the nominated occupation of a Construction Project Manager (ANZSCO 133111). However in actual fact, the applicant should have chosen the ICT Project Manager position (ANZSCO 135112) as it would have suited the applicant better and on top of the fact the an ICT Manager is not required to show registration, licensing or membership.

What was supposed to be a relatively easy ENS TRT application was met with complication as the case officer now required for evidence of registration and licensing as the position of a Construction Project Manager required it.

As most migration agents will know, it will be near impossible to attain any registration or licensing in a time frame of less than 28 days. It seemed like the applicant had only two (2) options:

• 1 – to lodge another 457 application as an ICT Manager, or;
• 2 – appeal to AAT, which can take more than 12 months to finalise

It is clear that both situations were not favourable to the applicant.

Nonetheless the newly appointed migration agency (Sellanes Clark & Associates in Sydney CBD) took on investigations to carry on with the ENS TRT application. Together with Labour Support Group, the combined effort of both organisations studied into the licensing, registration and membership legislation intensively.

After several long nights of investigation and writing, a 17 page argument report was drafted and sent to the case officer.

Eventually, our efforts paid off and the applicant was awarded his permanent residence within a week.

In summary, our argument points were as follow:

1. the absence of a registration/licensing authority to oversee the ANZSCO requirement;
2. AZNSCO being an indicative document and not a prescriptive one;
3. The Policy was not intended to be applied to rigidly;
4. The decision by DIBP 457 case officers to disregard the policy in favour for a more “common sense approach”;
5. The fact that previous decisions not to apply the mandatory registration/licensing requirement, set an expectation by the client that it would not be required after all these years of working on the same position;
6. That the client meets the policy “definition” of registration/licensing NOT being mandatory on both counts;
7. Precedence set by AAT and MRT on previous refusals of the same nature and their view to go for a common sense approach

This success is a testament to Labour Support Group’s expertise and dedication to every case that we take on. As all good migration agents would know, we cannot guarantee 100% success to our clients but the only thing we can guarantee is our knowledge, commitment and promise to do our best.

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