Australian Migration Law: A Guide for Employers and Migration Agents

Australian Migration Law

Answer 1
XYX
A-587,
Sydney Australia
Date- 23rd November, 2018
Mr. Owen and Jim
Directors
Williamstown Naval Architects Pty Ltd,
Williamstown, Victoria
Mr. Owen and Jim,
I am writing a letter to you in order to provide you assistance regarding the appointment of
the Naval architect, Jacklyn Fisher, who is supposed to move to Victoria from US in order to
assist you with the design of patrol vessels. Being a migration agent, it is my prime
responsibility to assist you with the best available options for fulfilling the nomination,
sponsorship and visa requirements of migration as per the Australian Law of migration. I
would help you in the process by providing all the important information associated with the
same.1
First of all, I would like to introduce to the basic Australian migration law and the formalities
which need to be fulfilled while appointing any foreign expert for taking over a reputed
company position in Australia. The Government of Australia has also promoted the migration
of the skilled employees to the country as there have been reports of reduced number of
skilled employees in Australia for taking up the reputed positions in the companies.2 Thus,
the giver4nment of Australia has introduced a priority system for the early and easy
1 Visa Guide, Proof of Accommodation for Visa Application - Visa Requirements (2018) VisaGuide.World
<https://visaguide.world/proof-of-accommodation-visa-application>.
2 Australian Government, Code of Conduct for Registered Migration Agents (2017) Lenahung.com.au
<https://lenahung.com.au/wp-content/uploads/2017/05/Code_of_Conduct_April_2017.pdf>.

processing of the skilled visas to allow the skilled employees like Ms. Jacklyn to assist the
economy of the nation. Since, you are being involved in a project given to you by the
Australian Government., the procedure of finalising the visa application is expected to be
easier.3 The Ministry of Australia issued a Critical Skills List (CSL) which function s in
collaboration with Migration Occupations in Demand List (MODL) to prioritise the clearing
of the skilled visas. Since, in your case, there is an involvement of Skilled migrant, the
SkillSelect migration visa will be operated.4 For this, a potential applicant who wants to get a
points tested skilled visa will need to use the Department’s online application system and
then, submit the Express of Interest (EOI). After their EOI matches the eligibility criteria,
they will get an invitation to apply. After getting the invitation, the applicant needs to submit
a formal application within a time period of 2 months. Jacklyn will have to follow all these
steps so as to secure an Australian VISA.5
For the next steps for receiving the skilled visas, the P4 priority grouping will be followed
under the category of Skilled Australian Sponsored applicants. Jacklyn will have to undergo
the skill assessment test to analyse whether the skills of your sponsored or nominated
candidate match the required levels of skills as recognized in Australia. Since, she has
achieved a post graduate degree and has an experience of many years working in recognized
firms; she will be classified under skill set 1 as per the guidelines set by ANZSCO.6 The skill
assessment process of the Australian government consists of four stages under the Job Ready
Program including Provisional skills assessment, Job Ready Employment, Job Ready
3 James Crawford, "Australian Immigration Law and Refugees: The 1989 Amendments" (1990)
2(4) International Journal of Refugee Law.
4 Australian Government, What to Expect from Your Agent - Office of the Migration Agents Registration
Authority (2018) Mara.gov.au <https://www.mara.gov.au/using-an-agent/working-with-your-agent/what-to-
expect-from-your-agent/>.
5 Zoe Anderson, "Borders, Babies, and “Good Refugees”: Australian Representations of “Illegal” Immigration,
1979" (2012) 36(4) Journal of Australian Studies.
6 NSW Migration Heritage Centre, Australia’s Migration History (2010) Migrationheritage.nsw.gov.au
<http://www.migrationheritage.nsw.gov.au/belongings-home/about-belongings/australias-migration-history/
index.html>.