We are a few short days away from March, the month in which we bid farewell to the subclass 457 visa, the introduction of the TSS visa and the introduction of some changes to the ENS and RSMS visa programs (the latter being contingent upon transitional arrangements and the final drafting of regulations).
Because of such changes underway, a trend has been detected with RSMS (subclass 187) and ENS (subclass 186) applications.
The immigration department has advised that they are currently refusing 30% of Subclass 186 visa applications and 50% of Subclass 187 visa applications. Two years ago, the refusal rate for Subclass 186 visas was 8% and the refusal rate for Subclass 187 visas was 13%. 70% of the current caseload for these visa applications is classified as “high risk”.
If it is necessary in our opinion, we will initiate a written submission in relation to your Nomination application and provide it to the Immigration department before a refusal notification is issued. We may be contacting you for further information if necessary.
ENS and RSMS
It appears that occupations in the managerial position such as Retail Manager, Motel and Hotel Manager have been consistently refused on the basis of not meeting Reg 5.19(4)(h)(i) or (ii).
In addition to this, we have observed that as of late the ENS and RSMS applications submitted to the Department are not being determined on the basis of merit and genuineness but rather on a certain assumption of overall fraud that the Department believes is clouding the current pool of ENS and RSMS applications. In addition to this, there is a sense that for the purpose of efficiency, the immigration department have made decisions without much sound reasoning as we move to the next chapter in immigration.
As such we are seeing and forecasting a rise in the frequency of refusals. The discussion now focuses on what measures can be taken to prevent refusals (or to lay the foundations for a potential appeal) despite the odds seemingly stacked against applicants, we have now determined the following:
- Ensuring that job/position descriptions, employer letters regarding genuine need for the position, organisational charts and nominees employment references are all consistent and do not provide contradictory information.
- This all involves certifying documents, ensuring that documents for the ENS and RSMS, such as financials are signed by all parties and appear true and real.
- Provide all necessary details to your agent about the business such as expansion plans and growth to further demonstrate genuineness, especially when it comes to managerial positions.
- This is important for the submission, as a greater detail and links between evidence and the genuine need can be made within the submission. We have been advised that we should not assume the visa processing officer will automatically make connections between provided evidence and the genuine need for the position, a submission clearly and strongly explaining this must be included.
We have also had a discussion about the safety net we can enforce for high risk ENS and RSMS applications. Our approach will be to alternatively lodge a 457, in the last days of its life or TSS visa to essentially ensure we have at least one foot in and then proceed to segue to the desired destination in due course.
Our Responses
Upon news of refusal of ENS and RSMS nomination applications it is essential that a thorough review is undertaken to ascertain whether an appeal would be suitable. If the unfortunate event of a refusal occurs, we will work with you to determine the best approach for response.
