Australian Immigration Law 5 Report

Australian Immigration Law 1
File Note
FILE:
DATE: 3/2/2020
TIME: 11am-12pm
ATTENDANCE BY: Agent
SUBJECT: Yuvinka- Eligibility for the Distinguished Talent (Migrant) (Class AL) (Subclass
124) visa.
PURPOSE
The purpose of this note is to outline the various documents, charges, processing time, as well
as the eligibility and validity criteria for the Distinguished Talent (Migrant) (Class AL)
(Subclass 124) visa.
SHORT ANSWER
Yuvinka meets the eligibility criteria for the visa. However, for the visa to be applied, she
needs to be living outside Australia hence she should go back to her country to give the
immigration office to decide on her visa.
Documents to Attach During Application
The Distinguished Talent (Migrant) (Class AL) (Subclass 124) visa is the kind of visa
that allows am individual to live in Australia permanently1. Based on schedule 1, it is clear
that one is only allowed to permanently live in Australia under this subclass of the visa if the
individual has an internationally recognized record of outstanding and exceptional
achievement in activities such as sports, profession, arts, and research or academia2.
However, it is important to note that for this visa to be decided, one has to be living outside
Australia by the time it is reviewed and approved. Besides, the eligibility process, there are a
1 "MIGRATION ACT 1958", Www8.Austlii.Edu.Au (Webpage, 2020)
<http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/ma1958118/>.
2 Sch 1 - Pt 1 Permanent Visas [Item 1104AA - Item 1138] (2020)
<https://legend.online.immi.gov.au/migration/2006-2016/2015/21-11-20>.

Australian Immigration Law 2
number of forms and accompanying documents that one must provide for the visa to be
approved. When filing the nomination form, Yuvinka will therefore be required to attach the
following documents as evidence of her eligibility;
 A comprehensive and completed personal statement of the visa applicant’s
achievements in either of the previously states fields.
 Contacts of a referee in their claimed field of achievement or supporting comments
from people.
 Relevant supporting copies such as magazines or newspaper articles where they could
have been mentioned regarding their achievements.
 A document showing the details of the nominator’s achievements as well as those of
the visa applicant.
 Document of employment details or any other documents that could be used to assist
the visa applicant obtain their application.
 The entire visa application process may cost approximately AU $ 4,110. This is
because this is the initial government fee3. However, there is always an additional
second instalment charge if the applicant does not have functional English. In this
case however, the charge will be only the government fee of AU$4110.
SCHEDULE 1 VALIDITY CRITERIA – CLIENT MUST:
 Have at least one internationally recognized record of outstanding and unique
achievement in either their profession or art4.
 Be prominent and still be recognized in their field of achievement by the time they are
applying for the visa.
3 Masud Chand and Rosalie L. Tung, "Skilled Immigration To Fill Talent Gaps: A
Comparison Of The Immigration Policies Of The United States, Canada, And Australia"
(2019) 2(4) Journal of International Business Policy.
4 Subclass 124 - Distinguished Talent (2020)
<https://legend.online.immi.gov.au/migration/2017-2020/2020/01-01-20>.