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 Please note that the Regulation 5.19 PAM3 excerpts attached will not be published on LEGEND until 1 July 2014 and will therefore only come into effect from 1 July 2014.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