The Australia-Japan Working Holiday

Running head: MIGRATION LAW
Migration Law
Name of the Student:
Name of the University:
Authors Note:

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Letter of Advice:
(a): Whether Elisa Merdovic can make a valid application in Australia for Subclass 480
Visa.
In order to give proper advice to Elisa Merdovic on the matters related to migration law in
Australia it is important to understand her current situation. Firstly, as per the information Elisa
arrived from Bosnia in Australia on a Class FA subclass 600 Visitor Visa. It is also mentioned in
the case study that the Visa had following conditions attached to it;
Condition 8101: This condition bars the visa holder from working in Australia. .
Condition 8201: In case the visa holder takes up any specific course, training or study such
course, training or study must not be for a period in excess of three months.
Condition 8501: The visa holder must have adequate health insurance during his or her stay in
Australia.
Condition 8503: As per this condition the Visa holder is barred from overstaying in the country
under no circumstance.
Condition 8558: The holder of the visa is prohibited from staying more than 12 months in an 18
month period1.
A subclass 600 Visitor Visa allows tourists, family visitors and business visitors to visit the
country on a temporary basis. However, it is important to note that such visa does not allow
anyone to work or study in the country for more than 3 months. With 5 different visa streams
1 Carlos Bernal, "The Migration Of Proportionality To Australia" (2020) 1(1) Federal Law Review.

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under the subclass 600, a visa holder can stay 3, 6 or 12 months depending on the stream of Visa
received2.
Thus, from the above discussion the status about the subclass 600 Visitor Visa of Elisa Merdovic
is more than clear.
Taking into consideration the above discussion about the subclass 600 visa of Elisa it is clear that
none of the conditions, i.e. condition 8101, 8201, 8501, 8503 and 8558 bar Elisa from applying
for working class or any other visa from the immigration department of the country. Hence, it is
clear that Elisa has not violated any of the provisions of Migration Law of Australia by applying
for working class visa under subclass 417. Similarly as far as the Temporary Skill Shortage
(Class GK) Subclass 482 Visa is concerned Elisa is not barred to apply for the visa under any of
the conditions attached with the Subclass 600 Visitor Visa3.
Now the question to be answered to Elisa is whether she is eligible to make a valid application
under subclass 482 for Temporary Skill Shortage Visa (TSS). In order assess the eligibility of
Elisa it is important to know the criterions and conditions for obtaining a visa under subclass
482. The purpose of TSS visa under subclass 482 is to nominate highly skilled professionals by
the Australian employers on temporary basis4.
As per Subdivision AA section 45AA of the Migration Act 1958 a person holding a different
visa can applied for another visa provided necessary conditions are satisfied. A visa application
must be valid as per section 46 of the act to be eligible to receive a visa. Appropriate authority
will issue a visa as per section 46AA if the visa application is valid and the applicant fulfils all
2 Tom Moberly, "Australia Plans To Tighten Visa Conditions For UK Doctors" (2016) 1(1) BMJ.
3 Jan Rutkowski, "Labor Markets In EU8+2: From The Shortage Of Jobs To The Shortage Of Skilled
Workers" (2019) 3(3) SSRN Electronic Journal.
4 Daniel Crown, Alessandra Faggian and Jonathan Corcoran, "Foreign-Born Graduates And Innovation:
Evidence From An Australian Skilled Visa Program✰,✰✰,★,★★" (2020) 1(1) Research Policy.

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the conditions and criterions. The process of obtaining a subclass 482 visa is a three staged
process; these are as following;
Sponsorship: As a standard business sponsor an employer must apply for approval of such visa.
Nomination: Lodging a nomination for the applicant or an existing holder of subclass 482 visa is
must placing proper application of such TSS visa5.
Application of Visa: The application of TSS visa under subclass 482 must be under a relevant
stream hence, the applicant must apply under a relevant stream for TSS visa.
The applicant can be within or outside Australia while applying for TSS visa under subclass 482
as long the application is not the third application of the applicant under short term stream. There
are three different visa streams under subclass 482, i.e. short term stream, medium term stream
and labour agreement6. Key eligibility requirements that an applicant must satisfy to get such
visa are enumerated below.
I. The employer of the applicant must have applied for approval of occupation which
has been mentioned in the application.
II. The employer who has sponsored the visa application must be an approved work
sponsor.
III. There must be genuine intention to work as per the nominated occupation with the
position mentioned in the application should also be genuine. .
IV. The applicant must possess necessary qualification, skills and experience necessary to
discharge his duties in the nominated position as per the application.
5 Andrew Lynch, "Control Orders In Australia: A Further Case Study In The Migration Of British Counter-
Terrorism Law" (2019) 11(3) Oxford University Commonwealth Law Journal.
6 "Skilled Visas", Lawhandbook.Sa.Gov.Au (Webpage, 2020)
<https://lawhandbook.sa.gov.au/ch24s01s02.php>.