[Evolution02]

What will happen to undecided application for rsms 187 visa applicants by March 1 when the new change will take place, especially those who will not meet the new requirements.

 

[Jeremy Hooper]

Do you have an RCB approval already? If yes, nothing will happen. If no, then you have a problem.

 

[Evolution02]

Do you have an RCB approval already? If yes, nothing will happen. If no, then you have a problem.

Thank you for replying to me. I have applied for RCB and waiting for approval. Although, i lodged the 3 applications at the same time. What if RCB is approved before March 1?

 

[barker]

Do you have an RCB approval already? If yes, nothing will happen. If no, then you have a problem.

Hi Jeremy, I'm curious as to your interpretations of the relevant legislation, especially for 187 DE nominations given that the MLTSSL will begin to apply as of March 2018.

If an employer nominates an occupation that is currently on the relevant instrument (ie; any STSOL position) , but as of March (assuming the changes take effect) no longer appears on this updated instrument, the current guidance on the PAM3 states the nomination cannot be approved. I've attached the relevant portion.

I understand the legislation may be in conflict with the official interpretation of the policy in regards to time of decision vs time of application, but this is troubling in itself given that the initial interpretation by DIBP is as below.

___________
As of 19 April 2017, the legislative instrument referred to above contains two schedules, the MLTSSL, which replaced the former Skilled Occupation List (SOL), and the STSOL which replaced the Consolidated Sponsored Occupation List (CSOL).

Occupations listed in Schedule 1 (MLTSSL) and Schedule 2 (STSOL) to the instrument are eligible for the PESE ENS Direct Entry stream. A full list of these occupations is available on the Department's website.
Some occupations on the list are restricted to certain situations via a caveat - refer to legislative instrument

The list can change with occupations being removed or added. If the legislative instrument has changed since the application was made, officers should confirm that the nominated occupation is specified in the current legislative instrument. If the nominated occupation is not listed on the current legislative instrument at the time of making the decision, the nomination cannot be approved.