Migration Tribunal victory over RSMS policy

Qualified mechanic Arun Kumar’s journey for permanent residency has had its fair share of speed bumps.

The Department of Immigration and Border Protection started refusing RSMS visa applicants after introducing a new policy where applicants in a trade occupation had to undergo two-years of full time post qualification work experience.

The new policy was impossible to meet because no temporary graduate post-study work visas existed.

Mr Kumar, who had a Certificate IV in Automotive technology and an employer who had relied upon his skills and expertise, was forced to return to India upon the expiry of his student visa.

He later returned to Australia on a Subclass 457 visa.


Migration Solutions took on Mr Kumar’s case with the Migration Review Tribunal (MRT) after his RSMS visa was refused.

Migration Solutions prepared a submission to the MRT, which led to the decision of the MRT that Mr Kumar’s skill requirements for the trade occupation had been consistent with the ANZSCO definition.

The MRT made the decision to remit the application for the RSMS visa to the DIBP for reconsideration.

Arun waited for months in anticipation for the decision.

“It was out of my hands, I checked my mail 10 times a day,” Mr Kumar said.

Finally on July 2, the DIBP had made their decision and granted Mr Kumar and his wife permanent residency through the RSMS visa, thanks to the professional assistance and guidance from Migration Solutions.

Originally posted as Immigration Department relax its rules for Permanent Employer Sponsored visa applications.

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