Australian Migration Law: Requirements for Temporary Skilled Visa, Aged Parent Visa, and Code of Conduct for Migration Agents

LML6002/Australian Migration Law

TABLE OF CONTENTS
Question 1........................................................................................................................................3
Part A...........................................................................................................................................3
Part B...........................................................................................................................................4
Part C...........................................................................................................................................4
Question 2........................................................................................................................................5
Part A...........................................................................................................................................5
Part B...........................................................................................................................................6
Part C...........................................................................................................................................6
Question 3........................................................................................................................................7
Part A...........................................................................................................................................7
Part B...........................................................................................................................................8
Part C...........................................................................................................................................9
References......................................................................................................................................10

QUESTION 1
Part A
The legal requirement to file the application for the 482 temporary skills shortage visa
The government of Australia entered into an agreement named as a standard business
sponsorship with some business organizations, which enables to the organization to hire the
overseas skilled employees for their organization. The person must possess the skill for
occupying the position nominated by the approved business for an approved organization1.
Further, the person can file the application for the nominated occupation under the three streams
names as the short term stream, the long-term stream and the labour agreement stream. Under the
short-term stream, the person is eligible only for the short term skilled occupation which is listed.
The duration of the short-term stream up to the two years and in case international trade
obligation is applicable then this term would be up to four years.
The medium-term stream is available only for the occupation listed on medium and large term
strategic skills or the regional occupational list. The duration of the medium term stream is up to
the four years2.
Under the labour agreement application can be filed only according to the wish of the employer
and the agreement of labour exists between the employer and the department.
Along with this, the person who applied for the temporary skilled visa must fulfil the conditions
of skills and education requirement, English language requirement, health requirement and all
the conditions that applied on the last visa requirement.
Under the present study a person names as a yuppie, sponsored by the employer of the restaurant
for working as a chef. For this Yuppie applied for the application under 482 temporary skilled
1 Howe, Joanna, Andrew Stewart, and Rosemary Owens. "Temporary migrant labour and unpaid work in
Australia." (2018). Sydney L. Rev. 40 183.
2 Temporary Skill Shortage Visa (Subclass 482) (2018) Homeaffairs.gov.au
<https://www.homeaffairs.gov.au/trav/visa-1/482->

visa, for a duration of the two years. Since on the last visa of the Yuppie, there is no condition of
8503. Therefore he is eligible for the application.
Part B
Meaning of Visa condition 8607
Condition 8607 has some conditions, which is mandatory for the 482 temporary skill shortage
Visa. The conditions 8607 described below-
 The person is eligible for the working only for the nominated occupation for which he
receives the temporary skills shortage visa.
 Within the 90days of receiving the visa or date of arrival, the person must start the
working.
 The person cannot take the leave for more than 60 sequential days.
 It is essential for the person to possess a licence, membership or registration3.
In the present study, Yuppie was granted the 482 temporary skill shortage visa, and condition
8607 existed in the Visa. Further, it was given that the yuppie was not satisfied with the job;
therefore he decided to work on another job without informing the department of protection4.
Since due to the conditions of 8607, yuppie cannot work for another job, therefore, the visa of
yuppie subsequently cancelled.
Part C
Probable application for the visas after the cancellation of 482 temporary skill shortage visa
Department of boarder protection has the right to cancel the visa in any case of the non-
compliance of the rules, regulations and norms of the Visa. If a person has a temporary skill
shortage visa, and he wishes to work for another employer, then it is essential that the person
must be nominated by the new employer. Further, if the person working for the new employer
without getting nominated by the new employer then it leads to breach the visa condition 8607, it
3 Temporary Skill Shortage (TSS) Visa: Condition 8607 - Australia Visa (2018) Australia Visa
<https://www.australiavisa.com/immigration-news/tss-482-visa-condition-8607/>
4 MIGRATION AGENTS REGULATIONS 1998 - SCHEDULE 2Code Of Conduct (2018) Classic.austlii.edu.au
<http://classic.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html>