# Urgent query:RSMS-857 Visa for "Restaurant Manager" but Assessed in "Hotel Manager"



## VIJ (May 28, 2010)

*Urgent query:RSMS-857 Visa for "Restaurant Manager" but Assessed in "Hotel Manager"*

Hi, all. I am new to this valuable forum and need urgent assistance in to apply RSMS-857 Visa, luckily i got employer in regional victoria and he is willing to sponsor me as a "Restaurant Manager" but also suspicious about my qualification assessment which has "Hotel/Motel Manager (ASCO-3323-11, degree level, 50 point) been assessed on the basis of previously done Bachelor Degree and work experience in home country before 1st Jan 2010.

I have been in oz 2.5 year under 572 Student Visa in a hope of getting GSM visa after study but now we all knows, it's very far away. I did consult this matter with 2 RMA's but both gave me contradictory views, one said yes and other no. So, I decide to seek advise from migration forum on web and also did independent research through immigration website but still not having any good result in hand, I have couple of questions, which concerns my prospective employer and me:

1. Can employer seek exemption for mentioned issue of relevant or irrelevant qualification assessment?

2. Is my qualification ok for RSMS-857 ? (As i got "Diploma of Management + certificate III in Food Processing (Retail Baking-Combined)

3. Should find another employer of Hotel or Motel? (But not easy now day's....)

4. If all wouldn't go well then, what other options for me to stay here? Because i love OZ and wanna be long here..........

Please help me out of this.


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## Wanderer (Jun 16, 2007)

VIJ said:


> Hi, all. I am new to this valuable forum and need urgent assistance in to apply RSMS-857 Visa, luckily i got employer in regional victoria and he is willing to sponsor me as a "Restaurant Manager" but also suspicious about my qualification assessment which has "Hotel/Motel Manager (ASCO-3323-11, degree level, 50 point) been assessed on the basis of previously done Bachelor Degree and work experience in home country before 1st Jan 2010.
> 
> I have been in oz 2.5 year under 572 Student Visa in a hope of getting GSM visa after study but now we all knows, it's very far away. I did consult this matter with 2 RMA's but both gave me contradictory views, one said yes and other no. So, I decide to seek advise from migration forum on web and also did independent research through immigration website but still not having any good result in hand, I have couple of questions, which concerns my prospective employer and me:
> 
> ...


As you may already be aware, the first requirement is to hold a qualifying visa and if you are still on the 572, that should not present a problem seeing as you have completed the course, ie.
•Student (Temporary) Class TU (where the award course for which the visa was granted has been completed by the visa holder) 
is on the list.

But the real issue is that Restaurant Manager is not a ENSOL occupation and so you cannot be sponsored for that occupation.
Regional Sponsored Migration Scheme (Subclass 119/857)

Your options are to look for what careers are on ENSOL/SOL that your qualifications can be aligned to and see what the possibilities there are for employment.

If you cannot find an appropiate employer sponsor, have you looked at your eligibility for a 485 graduate visa that will give you some more time to get experience and seek an employer sponsor.


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## VIJ (May 28, 2010)

Many-2 thanks for reply wanderer, I appreciate your given advise. But real question is can employer seek exemptions for specific skill or qualification? Especially when I already got assessed positive as "Hotel / Motel Manager (ASCO-3323-11) which is listed in ENSOL. Other thing, I just finished study and with in 2 month of time, I have to apply any kind of Visa like as you suggested 485 to stay here (Yes, I am qualified for this). Just, I was exploring other options for PR, because no one knows when they are going to close at all, like GSM. So, I did consult with RMA's but not satisfied with their advise because:

1. One said, " your employer doesn't need to apply any exemption for your proposed occupation which is already assessed positive as Hotel Manager (also listed in ENSOL) and relevant to desired occupation "Restaurant Manager" because most of job description and duties are similar"

2. Second said, " Your employer need exemptions for skills in order to make relevancy with your done qualification which is “Diploma of Management” and also you don’t need skill assessment for particular in case of RSMS-857 because you have already done Diploma level required qualification”.

So, I am bit confused because there is no real direction of both advise in my case, my employer still keen to employ me but he said “ I have no real experience at all about RSMS visa, So first you have to clear all about DIAC side of eligibility, otherwise you may loose your money, time and Visa as well”.

Please suggest me what to do in this situation??????????????????


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## aba (Oct 29, 2009)

Wanderer said:


> As you may already be aware, the first requirement is to hold a qualifying visa and if you are still on the 572, that should not present a problem seeing as you have completed the course, ie.
> •Student (Temporary) Class TU (where the award course for which the visa was granted has been completed by the visa holder)
> is on the list.
> 
> ...


ENSOL is not relevant to RSMS 119/857. Restaurant Manager can be sponsored under RSMS.

Raul T Senise Registered Australian Migration Agent, MARA No. 0636699 www.ozimmigration.com


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## aba (Oct 29, 2009)

VIJ said:


> Many-2 thanks for reply wanderer, I appreciate your given advise. But real question is can employer seek exemptions for specific skill or qualification? Especially when I already got assessed positive as "Hotel / Motel Manager (ASCO-3323-11) which is listed in ENSOL. Other thing, I just finished study and with in 2 month of time, I have to apply any kind of Visa like as you suggested 485 to stay here (Yes, I am qualified for this). Just, I was exploring other options for PR, because no one knows when they are going to close at all, like GSM. So, I did consult with RMA's but not satisfied with their advise because:
> 
> 1. One said, " your employer doesn't need to apply any exemption for your proposed occupation which is already assessed positive as Hotel Manager (also listed in ENSOL) and relevant to desired occupation "Restaurant Manager" because most of job description and duties are similar"
> 
> ...


It is unfortunate that you have received bad advice in the past but I believe that you are making the situation worse by relying only on web and forum advice. 
Your posts do not have enough information to give any detailed advice but it appears that you may meet the requirements to apply under RSMS. The skills assessment is irrelevant as it is NOT required for an RSMS application.
There are many changes happening making visa applications more difficult than ever. From your posts you seem very confused. I would suggest having your situation assessed by a reputable agent or firm.
Good luck.
Raul T Senise Registered Australian Migration Agent, MARA No. 0636699 Home


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## Wanderer (Jun 16, 2007)

VIJ said:


> Many-2 thanks for reply wanderer, I appreciate your given advise. But real question is can employer seek exemptions for specific skill or qualification? Especially when I already got assessed positive as "Hotel / Motel Manager (ASCO-3323-11) which is listed in ENSOL. Other thing, I just finished study and with in 2 month of time, I have to apply any kind of Visa like as you suggested 485 to stay here (Yes, I am qualified for this). Just, I was exploring other options for PR, because no one knows when they are going to close at all, like GSM. So, I did consult with RMA's but not satisfied with their advise because:
> 
> 1. One said, " your employer doesn't need to apply any exemption for your proposed occupation which is already assessed positive as Hotel Manager (also listed in ENSOL) and relevant to desired occupation "Restaurant Manager" because most of job description and duties are similar"
> 
> ...


My slight apologies there VIJ for not responding earlier and also not being right on track.
Must admit I was somewhat thrown by what you had posted but not lack of detail and other than what an employer can do in accordance with the Regional Certifying Body and approved by Immi, your own eligibility also has
. •have the *relevant qualifications for the nominated position,* which is equivalent to at least an Australian diploma level
The bit in bold being the key I believe.
Regional Sponsored Migration Scheme (Subclass 119/857)
For you to progress, your employer will need to get the Restaurant Manager position approved.

I would think that then there would be no problem with you meeting qualification/eligibility requirements and seeking exemptions will not come into it.

The exemptions as I read the regulations apply to exemptions being sought in relation to an applicant and not the position and if you have been asking questions of others in the reverse way, then that mau confuse.

If on the other hand the RCB or Immi are advising the employer that something needs to be done in respect to RM being considered appropriate for sponsoring an applicant, that's another matter.


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