RCB certification for RSMS applications in lead up to 1 July 2012 changes

Given the imminent changes, Regional Certifying Bodies (RCBs) are likely to see an increase in the number of nominations lodged for certification in the period leading up to 1 July 2012. It has been advised that some RCBs may not be able to certify all nominations lodged with them, in time to meet the 30 June 2012 deadline for lodgement with DIAC.

As you are aware, DIAC's stated policy position is that RSMS nominations must be certified by an RCB prior to lodgement with the department. This position is clearly outlined in the information on the departmental website, Information Booklet 5 and PAMs. In the recent past, the department has accepted some nominations without certification in circumstances where delays in certification would have affected the eligibility of the visa applicant to lodge the corresponding visa application. Such applications had been accepted in consultation with the RCB concerned after consideration on a case by case basis.

The departmental position continues to be that nominations must be certified by an RCB prior to lodgement. As the current practice of accepting uncertified applications by arrangement under 'special circumstances' may give those applicants an unfair advantage, the department will discontinue this practice with effect from 23 April 2012.

It is aware that some RCBs have decided on and announced cut-off dates after which nominations will not be accepted, based on an assessment of their processing capabilities. While this is an independent decision for each RCB, DIAC have advised that RCBs may want to consider accepting all applications lodged, on a 'best efforts' basis.

As you may be aware, relevant legislation does not prevent a nominator from lodging an employer nomination with the department prior to certification by an RCB. Where this happens, the legislative requirement for the nomination to have been certified by an RCB would not be satisfied and it would be open to a DIAC delegate to reject the application on this basis. Operationally, nominations are processed in order of receipt and a decision on a nomination that has not been certified may not be made immediately on lodgement. However, if the RCB certification is not received by the time the case is taken up by a DIAC decision maker for assessment, the nomination may be refused. Applicants should also be aware that the visa application charge is unlikely to be refunded on the basis that certification was not subsequently provided.

To assist RCBs in maximising the cases they are able to certify before 1 July 2012, you may wish to consider whether there is a need for certification bearing in mind that from 1 July 2012, certain applicants transitioning from a subclass 457 visa to a permanent RSMS visa will not require a prospective nomination to be certified. Only applicants who have not held a subclass 457 for a period of two years will be required to have their nomination certified by an RCB.

Information From：Migration Alliance

If you have any queries, please do not hesitate to contact AES on +613 9654 3409 or email to migration@aesconsultant.com.