RSMS Visa Help Pleaseeeee

Hey everyone,

Im looking for any advice that anyone has on the RSMS visa! We're currently living in Perth on a WHV which is valid until January. My partners company are sponsoring him on the RSMS with myself as de-facto.

We have submitted all the forms and de-facto evidence which our agent seems to be happy with, he is just awaiting some final docs from the company and has then suggested he will submit the application. We have provided UK police checks and signed forms for the AFP which the agent is submitting on our behalf.

The agent has suggested the RSMS can take upto 6 months to be approved, has anybody applied for this visa and what were the timescales? We understand we can go on a bridging visa but like everything we want it approved ASAP! Do medicals take place after the agent has ubmitted the application?

Any advice is greatly appreciated :-)

Cheers

Please can anyone help???

Hi Nee,

I went from a WHV to a RSMS visa earlier in the year. I can only go on the situation as it was when I did it, and I don't know if anything has changed since the 1st of July.

We used an agent, and therefore everything was submitted DRC (decision ready). Firstly the agent submits an application to the Regional Certifiying Board, this is basically the Company applying to be a sponsor for a RSMS visa, they have to show that there is a vacancy and it can't be filled with local workforce. Back when we did it this took around 4 weeks to come back.

Once you've got the RCB approval you then have to submit the nomination and visa application all in one go. This needs to also include your police checks and medicals, everything is submitted at the same time otherwise it's not classed as DRC and will take longer.

For me, it took exactly two weeks from submitting the application to visa approval, although I think getting it through this quickly is quite rare - we had notes all over it saying my employer was desperate for me to come back to work (I'd had to stop working because I'd reached the 6 month limit and my WHV was still valid so couldn't go on a bridging visa) and I was also due to leave the country due to a pre-planned holiday back to the UK (and the visa at that point couldn't be granted whilst I was out of the country).

Any other questions I'll try to help out!

Hi Nicolac34,

Thanks very much for all this information it's certainly very helpful and also quite worrying as we are in the same situation. Our 6 months validity with our current employers is November and our WHV is still valid until January. The agent has suggested he can apply for a letter of confirmation with immigration to enable my partner to stay on at the company whilst the RSMS is proceeding. However he is not 100% sure this can happen especially for me being de-facto.

The company have provided the majority of information including advertisements for the position within the last 3 weeks to prove they were unsuccessful with Australian resident applications and proof they have a training structure. I understand these may be new requirements since July 1st. They agent is just awaiting financials.

Looking at your timeline its pretty amazing how quickly it all went through....possibly the quickest I have seen yet. We have been informed we can be waiting upto 6 months but I'm kind of hoping that because we are onshore, using an agent and an employer it might go through quicker? Maybe it would be best if we were to have the company write a letter regarding our exitisting visa situation?

So am incorrect in thinking this is how it should proceed going forward - once he has the financials from the company (he has told us he has everything else he requires) the agent will then submit an application to the RCB, once this has been submitted he will apply for our AFP and inform us to go for medicals (he's told us to hold off for the time being until he has the financials and confirmation on the 6 month validity WHV situation) from then it's just a waiting game?

I am also concerned with our de-facto evidence as I always think the can never be too much evidence but the agent seems happy.

Would you suggest that if we are using an agent, it's highly unlikely the RSMS would be rejected? We don't really want to (if we don't have to) go on the 457 which tis the second option the agent has given.

Thanks! This will be worth a big celebratory drink (hopefully) by the end of it......headache and stressful!!!

Sorry that shoud say 'correct' in thinking.....

Hi Nee,

Our agent told us that there was no point applying for an extension to the working rights under the WHV visa as he said that it is never granted, or is just ignored. He said it has to be a 'life or death' situation for them to grant you to stay in your current position past the end of the six months, so I really wouldn't bank on that happening. My six months ran out at the end of March and I wasn't able to go back to work until the grant date of 8th of May, so six weeks of sitting and waiting for the visa. Was nice in a way (to have the time off - had a friend visiting) but was also pretty nerve wracking! My husband was still working as we'd started jobs at different times so he his wasn't running out quite so quickly.

Certainly using an agent and submitting it DRC will mean that it goes through quicker, I'd suggest the same sort of letter that I had from my employer stressing the urgency of it going through quickly due to the six month limitation fast approaching, because if it's not granted by November you're OH will have to stop work and you wont get a bridging visa until your WHV expires, at which point he'll then be able to go back to work.

What do you mean apply for AFP? Once the RCB approval is back you should have your medicals and police checks ready and the whole application goes in as a whole. If he submits your application without medicals and police checks it will take much much longer, potentially the 6-8 months the quote on their website. I would be sending off for your police checks now and once the RCB approval has been sent going and getting your medicals done.

De-facto wasn't an issue for us as we're married, so was just a marriage certificate we had to send, but I've heard more information is better than less information where proving the relationship comes in. Joint bank statements, bills, lease agreements etc etc.

If the agent is confident that you have an RSMS case to submit I'd think it unlikely that it will be rejected. But you always worry about that anyway. I was applying under the job 'Company Secretary' but was actually working as an 'Assistant Company Secretary' so I was paraniod that this was going to be my downfall! All worry for nothing in the end though.

It is very stressful, as I'm sure everyone who has ever applied for a visa will tell you. We had a relatively short time to be stressed, but it still felt like a very long time!!

Hi Nicolac34

This is the biggest worry for us right now as the agent is now advising that it should not be an issue for my partner who is the main sponsor to be able to stay with ghe company after 6 months, his advice is that I may not be able to being de-facto which doesn't bother me to much as I'll be able to have summer off whilst my family visit also. I'm wondering if maybe it is easier to obtain this extension to work now due to the timescales in the visa being processed. Anyway I guess worse case scenario is that he will finish work Nov 7th, I'll finish work Dec 11th and hopefully a bridging visa can be given for Jan 18th when our WHV expires.....only problem is whether the company would turn round and say they will no longer sponsor as he'll have to have 2 months off work.

From what I can gather the agent is looking to submit the application this week which I guess is to the RCB. He will then send our Australian police check (AFP) on our behalf as he has our completed forms and then inform us to go for medicals. At which stage all of this ready to submit with the lodgement after the RCB is approved.

We've managed to supply leads agreements but only since renting here together in Perth as back home with lived together but with his parents, we've also supplied joint bank account statements, again only a joint account since being in Perth, photos of family holidays, insurance on my car back home which had us both as drivers, statements from friends and family and statements in each other. Also proof that we booked our flights and WHV together.

Hoping to hear more this week in way of submission! I'm inpatient at the best of times but the thought of leaving Oz summer to head home to UK winter in January is not what I or I guess most people would want......

Thanks for all the advice :-)

Hi Nee,

Have you already got your English police checks? How long have you been in Australia for? I only ask because we didn't have to provide Australian police checks because we'd been in the country less than a year, but you do have to provide English ones, which the agent wont be able to do on your behalf.

http://www.acro.police.uk/police_certificates.aspx

I'd hope that your OH's employer would be understanding that his hands are tied with regards to the six months rule, if they are keen for him to work for them and will sponsor him to stay then I would hope that 2 months off would be ok considering. Hopefully it wont be an issue though and you'll be able to get your visa processed before that time if the agent does their job properly. I'd certainly be interested to hear whether or not you can get an extension given that our agent wouldn't even attempt it!

Good luck!

Nicola

Yes, we already have our UK police check and completed forms for the Australian police check. I did read a couple of days ago but can't remember where that if you have been in Australia less than 6 months then there is no requirement for the australian police check. We have been here 7 months. Do you have any idea of a Website which could confirm this? I'm wondering again if it is a new requirements since July 1st. I've googled it but not getting much information.

I don't have much hope that the visa would be through by November 7....but must keep positive

I'll keep you posted apparently he sent them an email last week to clarify....time will tell.

Cheers

Interesting, well we'd been in Australia 10 months when we submitted our application and there were no Australian police checks as we were informed it was only needed if you'd been in Australia over a year - can't imagine that this is something they'd change, but then it's not going to hurt your application to have them - just an additional hurdle!

This is from the immi website re:police checks, says that you only need them from countries where you've lived for over 12 months:

[h=2]Meeting the character requirement for temporary and permanent migration[/h]For the Australian Government to determine whether you are of good character, you may be asked to provide police certificates for each country you have lived in for 12 months or more over the last ten (10) years since turning 16.

We had no hope that our visa would be granted before we left to go to the UK, we just thought 2 weeks was an impossibly short amount of time - but it happened - so I'm a believer in these things now!

Thanks nicolac34

I also managed to find that same statement.....looks like another question for the agent! I feel like we are constantly questioning him....bet he can't wait till he is done with us!! Like you say it won't hurt to have it but saves us $90 and the time for it to be processed.

Lol! It's what they are paid to do! I must have phoned my agent nearly every day in the run up to our visa being submitted!

That's makes me feel not quite as bad then Lol maybe I should try that and it might come through in 2 weeks :-)

Are we better off just starting the process of an Irish police check NOW, rather than wait for them to ask for it anyway down the line and it delaying things then?

Hi piccolo,

I guess so. I understand they are valid for a year but also immigration can request a new one at any point if they wish. I'm still learning lots about this visa.....so don't take my word for it.

Thanks for that, will get on it so.

Hi Nicolac34

Do you knowif any tests are required for this visa?

Cheers

Tests? Only the medical, nothing else.

Awesome! Just checking.....wasn't sure of any exams! Medicals booked for Friday afternoon

Hi all,

I know it's a bit too soon yet as they were only done on Friday but does anyone know how I can check the progress of my medical?

Thanks

No, you can't check - as you haven't lodged your visa yet then it will be posted to your migration agent (if you gave their address) or to you if you didn't give their address. Should be with you in a week or so.

We gave the agents address. So he can open it and see the results and tell us? Thanks again

We gave the agents address. So he can open it and see the results and tell us? Thanks again

Nope, no one gets to open them apart from immigration I'm afraid! They are invalid if they do. The medical place will contact you if there is any issue with your medicals, if it goes to your agent you can be happy it's all fine.

Great thanks for you're help again any ideas when I would expect to hear something if there was anything wrong with them?

Pretty soon I'd imagine! If you've got some kind of disease or undiagnosed HIV etc they usually are on the phone pretty quick to get you in. Are you expecting anything to be wrong??