This assessment tests your knowledge and understanding of some of the content you have learnt in Modules 1 and 2.
In these problem-solving tasks, you are presented with scenarios in which a person has a legal issue or a variety of legal issues.
Your task is to answer the questions with the information that you are given in the scenario by:
Task:
John Torres is originally from the Philippines. He migrated to Australia with his wife on an ENS (Class EN) subclass 186 visa in April 2010.
He informs you that their daughter, Divina (30 years old), has been refused a Visitor subclass 600 visa on three occasions over the past year. The department informed her in each decision that they did not believe her visit was genuine. Divina is at her wits end. She merely wants to visit her parents whom she has not seen since their move to Australia. She would like to bring her 2 year old son to meet his grandparents for the first time. Divina's husband will remain in Manila to look after the small grocery store run by the couple.
John informs you that the daughter’s visit is genuine, and he is prepared to do anything, or pay any bond, to prove that his daughter just wants to visit and will then return to Manila at the end of the visit.
John wants you to get Divina a Visitor visa.
Write a letter of Advice:
In writing your letter of advice, you may assume that Divina is able to lodge a valid visa application. Therefore, you are required to respond only with reference to Schedule 2 criteria.
Write a letter to the client in plain English, with use of appropriate headings to present your letter of advice in a professional manner, and to demonstrate to your clients that you know the law.
Gianni is an Italian citizen aged 28. He came to Australia in February 2020 on a visitor visa subclass 600 to spend a few months with his sister who lives on Queensland's Gold Coast. Gianni is a fully qualified chef and has been working in fine dining restaurants in Rome since the age of 20. One evening during his holiday, he is out for dinner with his sister and some of her friends, at a popular Italian restaurant in Burleigh Heads. After his meal, he decides to relay his satisfaction with the food and the service back to the restaurant manager and a casual conversation ensues.
The manager tells Gianni that the company is struggling to find suitably qualified chefs, even after extensive advertisement attempts. It is getting late and the head chef and manager are ready to go home but they invite Gianni for a coffee the following afternoon to further discuss whether he might be interested in taking on a chef position in the restaurant.
Scenario 2 Questions:
Gianni and the restaurant manager have scheduled a consultation in 2 days time. Under the watchful eye of your supervisor, you will conduct the consultation. In the meantime, she has instructed you to prepare an internal memo and report back to her with your findings on the following;
a. The restaurant has previously sponsored foreign employees. It therefore holds a valid standard business sponsorship. However, before Gianni can apply for a subclass 482 (Temporary Skills Shortage)(Class GK) Visa the Restaurant would need to nominate Gianni for the occupation of Chef. With reference to the relevant legislative provisions, identify the requirements for nomination that would need to be met by the employer;
b. With reference to the schedule 2 criteria, is Gianni likely to be eligible for the subclass 482 visa?
c. Assuming that Gianni then proceeds to lodge a valid application for a subclass 482 visa, what visa,if any, will he hold if his current subclass 600 visitor visa expires before the subclass 482 is granted?
Support your answers by reference to the relevant legislative provisions.
Dear John Torres,
Letter of Advice
This letter is in response to your queries which you are facing in getting the visitor visa for your daughter Divina whose visitor visa in subclass 600 has already been rejected for three times. In such reference, your daughter may apply for the subclass 600 visa under sponsored family stream for which the eligibility criteria is described hereunder.
Eligibility criteria for subclass 600 visa (Sponsored Family Stream)
To make an application for subclass 600 visa, certain eligibilities are determined under Migration Regulation. According to these regulations the applicant who wants to visit Australia must have:
a) a purpose to visit a citizen of Australia who can be a parent, spouse, child, brother, sister or de facto partner of applicant;
b) any other purpose which is not related to medical treatment or business (Hamilton, Kintominas, and Brennan, 2018).
Who can be a sponsor?
The sponsor must be an Australian citizen of at least 18 years who is settled in Australia for a reasonable period of time (at least for 2 years). The sponsor must be:
In the term of sponsor or relative, cousins, fiancée, friends and in-laws are not covered by the law. Also, if another visitor visa in subclass 600 (family stream) is in effect which has been sponsored by the sponsor of applicant then the visa application of applicant will not be eligible for getting sponsorship from such sponsor until the visa of another person has expired.
Visa Validity and conditions
Generally, this visa allows an applicant to stay in Australia for 3 to 12 months and such period for stay varies as per the case and requested period by the applicant.
There are certain conditions which has to be followed by the visitor while having the sponsored family stream visa (Papademetriou, and Hooper, 2019). A visitor is not allowed to change his immigration status while his stay in Australia. The other visa conditions are:
Requirements in Schedule 2 subclass 600 visa under Migration Amendment Regulation 2013
An applicant must satisfy the primary criteria for subclass 600 visa in sponsored family stream by meeting the requirements of Form 1418 and Form 1149. These forms must represent the entire and fair information about the applicant and sponsor in relation to the application of sponsored family stream visa (Gao, 2020). While making such application, the applicant must be outside Australia and application must be made in the manner prescribed by the authorized forms.
Summary of Advice
As per the given information by you, you are residing in Australia with your wife since year 2010 hence you can sponsor your family members and relatives to visit Australia. Hence, by applying for the subclass 600 (sponsored family stream) visa, your daughter can visit Australia.
I trust this information would help you.
Please do not hesitate to contact me for further queries.
Your truly,
(XXXX)
SCENARIO 2
a) The initial step in making the application for subclass 482 (Temporary Skilled Shortage) visa shall be taken by the sponsor i.e. by restaurant to nominate Gianni for the position of chef. For such purpose, the restaurant must satisfy some requirements for the approval of nomination which are mentioned hereunder.
The process of nomination approval also comprises a nomination charge which shall be incurred by the sponsor. After the approval of nomination application, the lodgment of visa application shall be done by the applicant. For making an application for subclass 482 (TSS) visa, the applicant must meet some basic requirements such as he must have at least 2-year experience in the nominated occupation, he must meet the Genuine Temporary Entrant (GTE) requirements to comply with visa conditions and he must meet an English language requirement. After getting subclass 482 visa, the applicant will be required to meet condition 8607, which requires that applicant must work for sponsoring employer in the nominated occupation on a full-time basis (Wright, and Clibborn, 2020). Also, the applicant must also maintain appropriate health insurance for the term of his stay in Australia.
b) As per the conditions of subclass 600 visitor visa, a person staying on such visa in Australia is not allowed to work or study for more than 3 months in Australia. However, the application for converting the visitor visa into subclass 482 (TSS) can be made by the applicant after getting the nomination approval by the sponsor. Hence, while staying on visitor visa subclass 600, Gianni can make an application for subclass 482 (TSS) visa after getting sponsored by the restaurant.
c) A person staying in Australia on subclass 600 visitor visa must leave before the expiry of authorized period allowed him to stay in Australia or else it shall be considered as the breach of visa conditions. While in the given scenario, Gianni has applied for the subclass 482 visa during his stay in Australia on visitor visa (Oliver, and Yu, 2019). Hence, in case the subclass 600 visa of Gianni will expire before the grant of subclass 482 visa, he can stay in Australia till the grant of further visa for which the application is in process with the immigration authorities. To stay in Australian for such period, Gianni does not need to apply for any further visa and his previous visa will be continued for the period of finalization of subclass 482 (TSS) visa.
Login
Pages: 4
Words: 890